b***@hotmail.com
2007-02-11 05:13:29 UTC
Interesting that Paul DIOGUARDI, QC on ReportOnBusiness Television
[ROBtv for short] has some running commercials about TAX AMNESTY and
that HIS company are best suited to "PROTECT" you against from the CRA
[ugly bitch of a sister of the IRS]...since, according to him in one
of his many commercials HE STATES:
"Your accountant can be forced to testify against you."
Now...WHY is it that THIS lawyer IS IMPLYING that HE will NOT be
forced to TESTIFY AGAINST YOU -- YET an ACCOUNTANT IS?? WHAT KIND OF
DEAL DO LAWYERS HAVE WITH THE CRA...hmmmm? I thought ALL people ARE
EQUAL IN THE EYES OF THE LAW. So what $WEET DEAL does DioGuardi have
that OTHERS are NOT allowed to have?
Here's some bio on Paul DioGuardi and his connection to the CRA:
http://www.fundmoremerchantbank.com/team/team.htm
PAUL DIOGUARDI, Q.C.
Senior General Legal Counsel
Queen's Counsel, Canadian citizen, for over 26 years Paul has acted as
Senior Legal Advisor to Fundmore Corporation (Canada) Limited and to
FICC, a graduate of St Patrick's College, Ottawa University, Queen's
University and Osgoode Hall Law School, called to the Bar of Ontario
Canada in 1966 and of the Turks& Caicos Islands bar in1983, named a
Queen's Counsel in 1984. His training and experience includes having
formerly been, for several years, Tax Counsel for Revenue Canada (the
Canada Customs and Revenue Agency) and the Federal Department of
Justice. He has acted for over 22 years as Chief Legal Counsel of the
Ottawa-Carleton Home Builders' Association, in private practice for 36
years from offices in Ottawa Canada and the Turks & Caicos Islands in
all tax matters, real estate and development projects, estate planning
and trusts, international tax law, business and corporate law. He is a
member in good standing of the Carleton County Law Association, the
Law Society of Upper Canada, the Turks & Caicos Bar Association, the
Canadian Tax Foundation and the International Fiscal Association. Paul
is involved in providing guidance and advice to the Fundmore group of
companies.
-----
PRIVILEGE. A particular and peculiar benefit or advantage enjoyed by a
person, company, or class beyond the common advantage of other
citizens. An exceptional or extraordinary power or exemption. A right,
power, franchise, or immunity held by a person or class against or
beyond the course of the law.........
[page 1359 of BLACK'S LAW DICTIONARY - FOURTH EDITION]
Interesting also that the DioGuardi site states "AMNESTY"
http://www.taxamnesty.ca/ -- yet at the end of their telephone #
before they had the word "2PARDON"[1-877-2-PARDON].
"PARDON' implies GUILT -- but "AMNESTY' means AMNESIA --
forgetfullness of the offence. Interesting this SCAM DioGuardi has
going.LOL ..Trust a lawyer to come up with the word AMNESTY for their
site and then they fuck their clients with PARDON!!! This is one of
many posts I posted re DioGuardi DECEITFUL advertising in 2005 at
Yahoo's NT forum --
...and now I see that DioGuardi changed their phone # now to 1-877-
TaxRx-02.LOL
Here's one of the posts:
[ < Previous | Next > [ First | Last | Msg List ] Msg #: Reply
Recommend this Post Ignore this User | Report Abuse
Tax AMNESTY vs. Tax PARDON
by: buddiebuddiee
Long-Term Sentiment: Strong Buy 09/21/05 03:19 pm
Msg: 728235 of 728271
DioGuardi and their commercials -- ALL LIES and the FCC ALLOWS them to
be aired. Go figure. The FUCKING ASSHOLE DIMWITS!!!
The LYING laywer does NOT define the TRUE MEANING of the word
"AMNESTY" -- which does NOT mean GUILT like PARDON does, according to
THEIR OWN BLOODY LAW dictionary --
"Legally, amnesty differs from pardon in that pardon implies guilt,
whereas amnesty does not. Amnesty is the abolition and forgetfullness
of the offence."
[Page 18 of Canadian LAW Dictionary - BARRON's]
And here's this f'ing lawyer LYING through his teeth RIGHT ON TV --
using the word "AMNESTY" -- and then has the phone # as
"-2PARDON"...HIS SITE SHOULD BE
taxPARDON.ca and NOT taxAMNESTY.ca
FUCKING PRICKS!!!! ]
----------
AMNESTY An act of oblivion for past acts, granted by a government to
persons accused of crimes generally of a political nature, e.g.,
treason, sedition, desertion. Legally, amnesty differs from pardon in
that pardon implies guilt, whereas amnesty does not. Amnesty is the
abolition and forgetfullness of the offence.
[Page 18 of Canadian LAW Dictionary - BARRON's ]
Amnesty (Page: 49)
Am"nes*ty (#), n. [L. amnestia, Gr. , a forgetting, fr. forgotten,
forgetful; priv. + to remember: cf. F. amnistie, earlier amnestie. See
Mean, v.]
1. Forgetfulness; cessation of remembrance of wrong; oblivion.
http://machaut.uchicago.edu/?resource=Webster%27s&word=amnesty&use1913=on
-------------
And then here's a chartared accountant who calls DioGuardi & compnay
LIARS...LOL
Voluntary Disclosure
One Canadian law firm runs a 51/2" by 31/2"
advertisement in the newspaper six times a week.
Each ad is addressed to individual taxpayers who
presumably have earned income over the years and
have failed to report it on their personal income tax
returns. Should this fact ever come to the attention
of the Canada Revenue Agency (CRA), they face a
large income tax liability for sure and perhaps equal
or greater amounts in penalties and/or interest.
The lawyers promise to "clean up your (income)
tax problem with no criminal prosecution, no financial
penalties, interest relief, and (a) possible waiver
of tax for some years". They term this package
to be an Income Tax Amnesty and refer the reader
to their website where he is advised to "come
clean" sooner rather than later and fess up to the
undeclared income through the services of their
firm.
While it may be in the taxpayer's best interest to
approach the income tax authorities via
experienced professionals who can negotiate on their
behalf, the reference to this process as an amnesty is
somewhat misleading. The dictionary definition of
"amnesty" defines the term as "official pardon" or
"forgiveness" or "reprieve". These words imply that
the taxpayer will disclose his dealings to the CRA
and they will permit him to escape any income tax
liability that would normally be associated with these
earnings.
Nothing is further from the truth!! The fact of the
matter is that they are leading their clients to CRA's
"Voluntary Disclosure" program, a reporting
mechanism that has been in existence for over thirty
years. Under this program, taxpayers come forward
to the income tax authorities and provide full and
accurate information, including complete
documentation, concerning income that has not
been disclosed or has been under-reported on at
least one personal income tax return.
The only caveat is that the taxpayer must not have
been previously notified that his affairs were under
investigation by the CRA or any other authority
with which they have an information exchange
agreement, such as the RCMP or a regional police
department.
If these conditions apply, the taxpayer then declares
his previously un- or under reported income and
becomes liable for the taxes. The savings, as
correctly pointed out in the advertisement, are in the
penalties and interest that have been waived through
prior negotiation with the Agency. And these can
often be equal or greater than the actual income
taxes themselves.
Compliments of Campbell Lawless
Professional Corporation
Chartered Accountants
8 King Street East, Suite 900
Toronto, Ontario M5C 1B9
Phone: (416) 864-0915
Fax: (416) 864-0423
http://www.canadianmoneysaver.ca/resource_center/homepg_articles/Voluntary%20Disclosure.htm
-----
BUT...wait!!! The legalese pricks have made ANOTHER word up to PROTECT
their assholes!!
...the word is Advertising 'PUFFERY"
http://www.dcpress.com/jmb/page60.htm
Marketing Implications of the FTC's View of Puffery and Vulnerable
Consumers
Authors: Perry Haan: ***@wilmington.edu
Cal Berkey: ***@embanet.com
Introduction
Puffery is a tool marketers use in advertising and sales to enhance
their products. Despite recent threats to regulate puffery by the
Federal Trade Commission (FTC), puffery continues to be practiced by
advertisers and salespeople. Because of the characteristics of the
marketplace, vulnerable consumers are a group that may be harmed by
the use of puffery. In this non-empirical paper, the authors will
examine past research concerning puffery and consumers' perceptions of
its use. The authors will then review past research regarding
vulnerable consumers and how they may be harmed by puffery. The
authors will make recommendations to marketers concerning the use of
puffery relative to vulnerable consumers. Finally, the limitations of
this paper and opportunities for future research will be explored.
Puffery
The roots of puffery are generally traced back to the sixteenth
century when caveat emptor (buyer beware) became the rule of business.
The consumerism movement of the twentieth century has helped protect
consumers in many areas, but puffery for the most part has proceeded
unabated (Preston, 1996).
This paper will use the definition of puffery espoused by Preston
(1996),
...the marketplace term for what elsewhere would simply be called an
opinion statement, expressing the seller's evaluation of the
advertised item. However, it also involves an added feature that does
not apply outside the marketplace. By legal definition, puffery claims
praise the advertised item by using subjective terms, stating no facts
explicitly, and thus representing no factual content to consumers and
so creating no basis for them to believe anything about the item that
would affect their purchasing decision (p. 12).
The FTC Deception Policy Statement (1983) emphasizes that deception
must contain three elements. First, it, "must be a representation,
omission, or practice that is likely to mislead a consumer" (p. 4).
The concept of deception in advertising is generally thought to mean
anything that is false or misleading. More specifically, claims that
are misleading only need to encourage consumers, but not actually
cause consumers to act in ways that may hurt themselves. (Hyman,
1990). The FTC, however, defines deceptive advertising in terms of
whether or not potentially deceitful advertising advocates behavior in
which consumers would not otherwise engage (Nebenzahl & Jaffe, 1998).
Carson, Wokutch, and Cox (1985) examined the definitions of deception
as applied to advertising. They determined that advertising is
deceptive "if it causes a significant percentage of potential
consumers (i.e., those at whom it is directed or whose consumption
behavior is likely to be influenced by it) to have false beliefs about
the product" (p. 96). This definition still leaves open the question
of what makes up a significant percentage of potential consumers
(Carson, Wokutch, & Cox, 1985).
For the second element, the deceptive "act or practice must be
considered from the perspective of the reasonable consumer" (FTC
Deception Policy Statement, 1983). Puffery is generally defended by
suggesting that reasonable consumers will not believe puffery when
exposed to it. The theory is that a reasonable consumer is too savvy
or intelligent to believe a puff (Preston, 1996). The definition of a
reasonable consumer will be addressed later in the paper as it applies
to vulnerable consumers. The FTC's Commercial Code prohibits
advertisers from deceiving consumers in advertising. Historically the
FTC has ruled that puffery is not deceptive (Ross, 1996).
The third element for a statement to be considered deceptive is that
"the representation, omission or practice must be material" (FTC
Deception Policy Statement, 1983). Richards and Preston (1992) comment
that until 1991, the issue of materiality in deceptive advertising
cases had not been raised. If this material aspect of puffery is
pursued more often in legal proceedings it could be damaging for
advertisers, "Presumptions of materiality have the effect of shifting
the burden of proof to the advertiser. Because this shift entails
proving a negative, it is nearly impossible for advertisers to bear
that burden" (Richards & Preston, 1992, p. 55).
Recently the FTC has started to consider widening the definition of an
express warranty (Kent, 1996). This widening of the definition would
force advertisers to prove claims that they make. The Uniform
Commercial Code (UCC) is being changed to make the definition of
warranty more inclusive of claims that are now considered puffery
(American Law Institute, 1996).
Often advertisers use clever literary devices to mislead or deceive
consumers. Metonymy associates the meanings of products with their
users (Stern, 1992). For example, alcohol advertisements that show the
consumers of these products surrounded by affluent people and things,
suggest that those who consume their product can also be these
beautiful people and have these things (Berger, 1989).
Irony is another literary tool that advertisers use to deceive
consumers. Words with more than one meaning can fool consumers into
believing something about a product that may not be true (Stern,
1992). Chanel skin crème used the line, "We don't say Lift Serum is a
miracle, but others may think so." The double meaning here is that the
product cannot perform miracles-or can it? The advertising is leading
the reader to believe that some who use the cream may think so (Stern,
1990).
Other advertising has used absurdism to attempt to persuade consumers.
Absurd language uses terms devoid of meaning and lets consumers
determine the meaning for themselves (Cohen, 1974; Ford & Calfee,
1986). The Joe Camel advertising is often cited as an example of this
absurd use of images. A cartoon animal smoking, surrounded by others
having a good time attracts people's attention because of its
absurdity (Stern, 1992).
Despite the fact that the FTC has not yet proclaimed puffery to be
deceitful, research indicates that puffery can be deceitful. A number
of studies suggest that large numbers of consumers do believe puffed
up claims made by advertisers (Bruskin Report, 1971; Preston 1996;
Rotfeld, 1997; Rotfeld & Rotzoll, 1980; Shimp, 1978).
The marketing research firm of R.H. Bruskin (Bruskin Report, 1971)
asked consumers to rank claims in advertising as "completely true,"
"partly true," or "not true at all." A sampling of the results
indicate that 64 percent of the consumers surveyed believed that Coca-
Cola's claim of "It's the Real Thing" is true or partly true. Minute
Rice's statement that it makes "Perfect rice everytime" was perceived
as being completely true by 43 percent of those asked and partly true
by another 30 percent of the participants in the survey (p. 17).
Another study (Shimp, 1978) examined whether consumers draw
implications about incomplete comparatives made concerning product
claims. In one example, when asked to analyze the claim, "Mennen E
goes on warmer and drier," over 50 percent said that this claim either
"directly stated" or "intended, but not stated" that "Mennen E goes on
warmer and drier than any other deodorant on the market" (p. 105).
The Rotfeld and Rotzoll (1980) study showed videotapes of five
commercials to over 100 consumers, 85 percent of whom had attended
college. Almost 70 percent of those in the study had undergraduate
degrees and 15 percent had post-graduate degrees. This would suggest
that this is a group of reasonable consumers, "A less well-educated
sample probably would believe puffery claims even more" (p. 20).
The participants were asked about the literal and implied messages in
the commercials. Of the group exposed to the video tapes, "puffery
claims for the five commercials were perceived and believed by 39.6
percent of the respondents while puffery implied claims averaged only
11.4 percent belief" (Rotfeld & Rotzoll, 1980, p. 19).
Sometimes advertisers argue that consumers know that advertising is
untrue as a legal defense. For years cigarette manufacturers have
routinely argued that the dangers of their product are not fully known
to them. Yet when challenged in recent liability cases, the cigarette
industry has claimed that reasonable consumers know that cigarettes
are harmful. They appear to be admitting to less than truthful claims
in their advertising (Rotfeld, 1997).
Of course if puffery did not work, marketers would not use it. Preston
(1996) argues this point,
Puffery is endemic in American salesmanship, practically the soul and
substance of the American way of selling. The industry's conviction
that puffery works is proof enough for me that it does, because I have
great admiration for the expertise of the advertising profession (p.
24, 25).
According to the sources cited above, puffery is a key component of
the American
way of selling and is believed by a substantial number of consumers
(including those with above average education). If this is the case,
what are the dangers for vulnerable consumers who are exposed to
advertising that contains puffery?
The following section will discuss vulnerable consumers and why they
present special problems for marketers. Specific vulnerable consumer
groups will be identified. In the following section vulnerable
consumers will be discussed, as well as why they may be deceived by
puffery.
Vulnerable Consumers
Some consumers are more likely than others to be harmed by deceitful
advertising. These consumers are often referred to as vulnerable
consumers. The vulnerability of consumers can be permanent or
temporary and may change with time (Goodin, 1985).
Society believes that vulnerable consumers need to be protected in the
marketplace. If vulnerable consumers are not protected, they may
possibly be cheated in market transactions. They are generally
vulnerable because of some condition that they cannot control, such as
age, race, or gender. These uncontrollable conditions may result in
vulnerable consumers making harmful choices in the marketplace
(Andreasen, 1993).
Because of the limited ability of the vulnerable to participate in
market activities, Brenkert (1998) argues that it is immoral for
marketers to aim their promotional efforts at these vulnerable
consumers. He classifies vulnerable consumers into four categories:
the physically vulnerable, cognitively vulnerable, motivationally
vulnerable, and socially vulnerable (Brenkert, 1998).
Physically vulnerable consumers are unable to use products on the
market because of the products' physical characteristics, such as an
allergic reaction (Brenkert, 1998). Physical vulnerability can also
include consumers with other types of disabilities that are covered by
the Americans with Disabilities Act. It may include the diminishing
visual, auditory, and motor skill functions often associated with the
aging process (Morgan & Schuller, 1985).
Motivationally vulnerable consumers are unable to resist certain
temptations because of their circumstances. A parent in a store with
an unruly child may find it difficult not to give in to the demands of
the child (Brenkert, 1998).
Social situations which make consumers more likely to purchase certain
products are included in the socially vulnerable category (Brenkert,
1998). Similar to this are vulnerable consumers who are not
sophisticated enough to avoid making purchase decisions that are
harmful, "These consumers may be gullible when encountering spurious
or questionable claims about products or services" (Morgan & Schuller,
1995).
The final category of vulnerable consumers according to Brenkert
(1998) is that of cognitively vulnerable consumers. These consumers do
not have the ability to understand the promotional information being
presented to them. Children, the elderly, and the uneducated are the
most obvious examples of this group (Brenkert, 1998). Morgan and
Schuler (1995) include those with information processing difficulties
such as dyslexia and attention deficit disorder in this group.
The conditions surrounding vulnerable consumers can contribute to
their susceptibility to unscrupulous marketers. The nature of some
products may make them more dangerous for vulnerable consumers (Morgan
& Schuller, 1995). For example, alcohol and tobacco are products that
certain types of vulnerable consumers may be exposed to that could
hurt them in a number of ways (Patterson, Hunnicut, & Stutts, 1992).
How often the product is used is another issue for vulnerable
consumers. The more often a vulnerable consumer is exposed to a
product, the more likely (s)he is to suffer harm. Also the time
sensitivity of promotional efforts may confuse vulnerable consumers
(Morgan & Schuller, 1995). A salesperson who insists that a price
being offered for a product is only good for today may be dismissed by
a reasonable consumer as puffery, but may be believed by one who is
more vulnerable.
Finally, other temporary situations may occur when a vulnerable
consumer is forced to make a decision about a product without the help
of a trusted advisor or without the information needed to make a
rational choice on her/his own. Marketers need to be careful not to
take advantage of consumers in these situations (Morgan & Schuller,
1995).
All of these vulnerable consumers are less able to defend themselves
from misleading or deceitful attempts by marketers to influence their
purchase behavior. Often they are not aware that they are not able to
defend themselves. This makes them a very susceptible group of
consumers (Brenkert, 1998).
Andreasen (1993) comments that the characteristics of vulnerable
consumers and marketers' behavior towards them have changed in recent
years. More marketers are willing to take advantage of vulnerable
consumers than in the past, "...merchants who will take advantage of the
lack of mobility of the disadvantaged consumers ...charge exorbitant
prices for products...unconscionable interest rates and...trick the
elderly" have increased (p. 271).
The definition of vulnerable consumers has recently broadened to
include those who are physically handicapped and minorities who are
recent immigrants. Historically the vulnerable consumer group included
the poor, racial minorities, children and the elderly. This increase
in who is included complicates the issues involved in dealing with
vulnerable consumers (Andreasen, 1993).
It is the ethical duty of marketers to not take advantage of consumers
who are in these vulnerable groups. To do so would violate the ethical
principle of preventing harm to consumers and potential consumers
(American Marketing Association, 1998). Brenkert (1998) states, "...any
marketing to the vulnerable cannot morally be undertaken in a way
which trades upon their vulnerabilities" ( p. 522).
Lippke (1989) also argues that persuasive advertising can erode the
autonomy of the consumers' decision-making ability. He believes that
advertising suppresses the autonomy of the buyer. Persuasive
advertising discourages consumers from using their cognitive skills to
make a rational purchasing decision (Lippke, 1989).
The message that advertisers frequently send to consumers is that
their products can solve consumers' problems. Lippke (1989)
elaborates, "What could be more inviting than a life that demands so
little beyond ease and gratification (especially to children, who are
less attuned to the values of self-control and delayed
gratification)?" (p. 46).
Vulnerable Consumers and Reasonable Consumers
As the past research cited in this paper indicates, puffery is a
practice that has been for the most part left alone because the FTC
believes it does not deceive reasonable consumers (Preston, 1996). The
FTC, however, has not discussed the effects of puffery on those who
are not reasonable consumers.
Because consumers who are considered vulnerable are unable to protect
themselves as other consumers do against puffery (Andreasen, 1993), it
appears that vulnerable consumers are not considered to be reasonable
according to the standards set by the FTC (FTC Deception Policy,
1983). If vulnerable consumers are not considered reasonable, what
responsibility do marketers have to protect these vulnerable consumers
from puffery? What responsibility does society have, if any, to
protect vulnerable consumers from puffery?
The FTC's concept of a reasonable consumer has evolved over the years
through a number of court cases and rulings. It generally has
established that most people, but not all, are to be protected, "The
FTC does not go so far as to prohibit the deceptiveness that involves
only a few consumers. It works under the constraint that it may
proceed only when its action involves a sufficient degree of public
interest" (Preston, 1996).
This is a far cry from the ignorant consumer standard that the FTC
followed until the 1960s. Since the 1960s the standard has been
relaxed in favor of sellers, "...It (the FTC) clearly rejects a strict
ignorant person standard that would protect everyone from everything
that would deceive them" (Preston, 1996).
If vulnerable consumers are not reasonable consumers, many of them are
likely to fall prey to the false or misleading claims made in
advertising that reasonable consumers may reject as puffery, and thus
unbelievable (Andreasen, 1993). What then can marketers generally, and
advertisers and salespeople, more specifically, do to minimize the
harm caused by the puffery to which vulnerable consumers are exposed?
The following section will make recommendations to address this
question.
Recommendations
It is probably impossible for marketers to protect vulnerable
consumers from all puffery and all of the other marketing efforts that
may harm them. There are, however, some measures that marketers can
take to attempt to protect vulnerable consumers from puffery and other
types of potentially harmful marketing efforts.
First, marketers should be careful when choosing target markets. Past
efforts by companies to target vulnerable consumers have been
scrutinized by consumer groups and government agencies (i.e., Moon,
1990; Benet, Pitts, & La Tour, 1993; Sautter & Oretskin). Companies
have been criticized for targeting vulnerable consumers for products
that are both good and bad for consumers (Smith & Cooper-Martin,
1997).
Marketers that have aimed harmful products such as tobacco and alcohol
at vulnerable groups of consumers such as women and minorities are the
most visible examples of marketing campaigns targeted to vulnerable
consumers. R.J. Reynolds Tobacco Company (RJR) was chastised for its
product, Uptown, because it was marketed to African-American smokers.
RJR later introduced Dakota brand cigarettes. This product was aimed
at young, poorly educated, blue collar, white females. Both of these
efforts were denounced for targeting a vulnerable group of consumers
(Smith & Cooper-Martin, 1997).
The Food and Drug Administration (FDA) has set guidelines concerning
the targeting of children for certain harmful products (Smith & Cooper-
Martin, 1997). The FDA has also made attempts at protecting adults
with respect to their consumption of gambling (Clotfelter & Cook,
1989) as well as alcohol and tobacco as noted above. With this
interest by the government, consumer groups, and the public at large
to protect vulnerable consumers, it would appear that it would be in
the best interest of marketers to avoid aiming their marketing
efforts, especially deceptive or puffed advertising, at these
vulnerable consumers (Geyelin, 1995).
A second recommendation is aimed at salespeople who work with
vulnerable consumers. Because of the fact that salespeople work with
no close supervision (Dubinsky, Howell, & Bellenger, 1986), they may
have the greatest opportunity to take advantage of vulnerable
consumers.
Salespeople who make a living selling to vulnerable consumers need to
refrain from using puffery to sell their products. Pitts and La Tour
(1993) state that some marketers use fear appeal to influence older
consumers. The use of salespeople by the elderly to help fulfill
social needs make them an inviting target for unscrupulous salespeople
(Kang & Ridgway, 1996). Their sometimes limited cognitive abilities
make them even more likely to believe puffed statements made by a
salesperson (John & Cole, 1986; Andreasen, 1993).
Finally, the most important recommendation to marketers is to do what
they can to be aware of vulnerable consumers who may be exposed to the
puffs that the company communicates in its promotional materials.
Attempts by marketers to take a more ethical and honest approach to
protecting vulnerable consumers may prevent government and consumer
groups from needing to prohibit the activities of marketers aimed at
these consumers.
Limitations and Future Research
The connections between puffery and vulnerable consumers outlined
above are made based on past research and have not been empirically
tested. No empirical research has been conducted on the effects of
puffery on vulnerable consumers. As is evident from the research in
this paper, the FTC has done little to address the issues of puffery
as it applies to vulnerable consumers.
Future research needs to be done to examine how vulnerable consumers
respond to puffery. It is important to see if these vulnerable
consumers really are more susceptible than other consumers to the
claims made by puffery. Also the negative effects of puffery on
vulnerable consumers should be investigated. What harm does puffery
cause for vulnerable consumers?
Further research in these areas can provide guidance for marketers who
deal with vulnerable consumers. The additional research can also guide
lawmakers and consumer groups implementing policies that protect
vulnerable consumers and are also fair to marketers. Hopefully this
paper will encourage this empirical research to begin.
References
American Law Institute (1996). Uniform commercial code. Fourteenth
edition, section 2- 13.
American Marketing Association (1998). American marketing association
code of ethics. In L. P. Hartman (Ed.), Perspectives in Business
Ethics (pp. 502-504). Chicago. Irwin/McGraw Hill.
Andreasen, A. R. (1993). Revisiting the disadvantaged: Old lessons and
new problems. Journal of Public Policy & Marketing, 12, 270-275.
Benet, S., Pitts, R. E., & La Tour, M. (1993). The appropriateness of
fear appeal use for health care marketing to the elderly: Is it ok to
scare granny? Journal of Business Ethics, 12, 1, 45-58.
Berger, A. A. (1989). Seeing is believing: An introduction to visual
communication. Mountain View, CA: Mayfield Publishing Company.
Brenkert, G. (1998) Marketing and the vulnerable. In L. P. Hartman
(Ed.), Perspectives in Business Ethics (pp. 515-526). Chicago. Irwin/
McGraw Hill.
Bruskin Report (1971). No. 40, New Brunswick, NJ.
Carson, T. L., Wokutch, R. E. & Cox, J. E. (1985). An ethical analysis
of deception in advertising. Journal of Business Ethics, 4, (1985),
93-104.
Clotfelter, C. T. & Cook, P. J. (1989). Selling hope: State lotteries
in america. Cambridge, MA: Harvard University Press.
Cohen, D. (1974). The concept of unfairness as it relates to
advertising legislation. Journal of Marketing, 38, (July), 8-13.
Ford, G. T. & Calfee, J. E. (1986). Recent developments in ftc policy
on deception. Journal of Marketing, 50 (July), 82-103.
FTC Deception Policy Statement (1983). World Wide Web: www.webcom.com/
lewrose/decptionpol.html
Geyelin, M. (1995). Limits on cigarette billboard upheld. The Wall
Street Journal, (September 7).
Goodin, R. E. (1985). Protecting the vulnerable. Chicago. The
University of Chicago Press.
Hyman, M. (1990). Deception in advertising: A proposed complex of
definitions for researchers, lawyers, and regulators. International
Journal of Advertising, 9, 259-270.
John, D. R. & Cole, C. A. (1986). Age differences in information
processing: Understanding deficits in young and elderly consumers.
Journal of Consumer Research, 13, (December), 297-310.
Kang, Y. S. & Ridgway, N. M. (1996). The importance of consumer market
interactions as a form of social support for elderly consumers.
Journal of Public Policy & Marketing, l15, 1, 108-117.
Kent, F. H. (1996). What is "puffery?" The New York Law Journal
(December 20), 18-20.
Lippke, R. L. (1989). Advertising and the social conditions of
autonomy. Business & Professional Ethics Journal, 8, 4, 35-55.
Moon, M. (1990). Consumer issues and the elderly. The Journal of
Consumer Affairs, 24, 2, 235-244.
Morgan, F. W. & Schuler, D. K. (1995). A framework for examining the
legal status of vulnerable consumers. Journal of Public Policy &
Marketing, 14, 2, 267-277.
Nebenzahl, I. D. and Jaffe, E. D. (1998). Ethical dimensions of
advertising executions. Journal of Business Ethics, 17, 7, 805-814.
Patterson, L. T., Hunnicut, G. G., & Stutts, M. A. (1992). Young
adults' perceptions of warnings and risks associated with alcohol
consumption. Journal of Public Policy & Marketing, 11, 1, 96-103.
Preston, I. L. (1997). Regulatory positions toward advertising puffery
of the uniform commercial code and the federal trade commission.
Journal of Public Policy and Marketing, 61, 2, 336-351.
Preston, I. L. (1996). The Great american blowup: Puffery in
advertising and selling (Rev. ed.). Madison, WI: The University of
Wisconsin Press.
Preston. I. L. & Richards, J. I. (1992). Proving and disproving
materiality of deceptive advertising claims. Journal of Public Policy
& Marketing, 11, 2, 45-56.
Ross, C. (1996). Marketers fend off shift in rules for ad puffery.
Advertising Age (February 19), 41.
Rotfeld, H. (1997). When firms admit their promotions are false.
Marketing News, 31, 24, 13.
Rotfeld, H. J. & Rotzoll, K. B. (1980). Is advertising puffery to be
believed? Journal of Advertising, 10, 16-20.
Sautter, E. T. & Oretskin, N. A. (1997). Tobacco targeting: The
ethical complexity of marketing to minorities. Journal of Business
Ethics, 16, 10, 1011-1017.
Shimp, T. A. (1987). Do incomplete comparisons mislead? Journal of
Advertising Research, 18, 21-27.
Smith, N, C. & Cooper-Martin, E. (1997). Ethics and target marketing.
Journal of Business Ethics, 61, 3, 1-20.
Stern, B. B. (1992). "Crafty advertisers": Literary versus literal
deceptiveness. Journal of Public Policy & Marketing, 11, 1, 72-81.
Stern, B. B. (1990). Pleasure and persuasion in advertising:
Rhetorical irony as a humor technique. In (J. Leigh and C. R. Martin,
Eds.), Current Issues and Research in Advertising, Vol. 12. Ann Arbor,
MI: The University of Michigan
[ROBtv for short] has some running commercials about TAX AMNESTY and
that HIS company are best suited to "PROTECT" you against from the CRA
[ugly bitch of a sister of the IRS]...since, according to him in one
of his many commercials HE STATES:
"Your accountant can be forced to testify against you."
Now...WHY is it that THIS lawyer IS IMPLYING that HE will NOT be
forced to TESTIFY AGAINST YOU -- YET an ACCOUNTANT IS?? WHAT KIND OF
DEAL DO LAWYERS HAVE WITH THE CRA...hmmmm? I thought ALL people ARE
EQUAL IN THE EYES OF THE LAW. So what $WEET DEAL does DioGuardi have
that OTHERS are NOT allowed to have?
Here's some bio on Paul DioGuardi and his connection to the CRA:
http://www.fundmoremerchantbank.com/team/team.htm
PAUL DIOGUARDI, Q.C.
Senior General Legal Counsel
Queen's Counsel, Canadian citizen, for over 26 years Paul has acted as
Senior Legal Advisor to Fundmore Corporation (Canada) Limited and to
FICC, a graduate of St Patrick's College, Ottawa University, Queen's
University and Osgoode Hall Law School, called to the Bar of Ontario
Canada in 1966 and of the Turks& Caicos Islands bar in1983, named a
Queen's Counsel in 1984. His training and experience includes having
formerly been, for several years, Tax Counsel for Revenue Canada (the
Canada Customs and Revenue Agency) and the Federal Department of
Justice. He has acted for over 22 years as Chief Legal Counsel of the
Ottawa-Carleton Home Builders' Association, in private practice for 36
years from offices in Ottawa Canada and the Turks & Caicos Islands in
all tax matters, real estate and development projects, estate planning
and trusts, international tax law, business and corporate law. He is a
member in good standing of the Carleton County Law Association, the
Law Society of Upper Canada, the Turks & Caicos Bar Association, the
Canadian Tax Foundation and the International Fiscal Association. Paul
is involved in providing guidance and advice to the Fundmore group of
companies.
-----
PRIVILEGE. A particular and peculiar benefit or advantage enjoyed by a
person, company, or class beyond the common advantage of other
citizens. An exceptional or extraordinary power or exemption. A right,
power, franchise, or immunity held by a person or class against or
beyond the course of the law.........
[page 1359 of BLACK'S LAW DICTIONARY - FOURTH EDITION]
Interesting also that the DioGuardi site states "AMNESTY"
http://www.taxamnesty.ca/ -- yet at the end of their telephone #
before they had the word "2PARDON"[1-877-2-PARDON].
"PARDON' implies GUILT -- but "AMNESTY' means AMNESIA --
forgetfullness of the offence. Interesting this SCAM DioGuardi has
going.LOL ..Trust a lawyer to come up with the word AMNESTY for their
site and then they fuck their clients with PARDON!!! This is one of
many posts I posted re DioGuardi DECEITFUL advertising in 2005 at
Yahoo's NT forum --
...and now I see that DioGuardi changed their phone # now to 1-877-
TaxRx-02.LOL
Here's one of the posts:
[ < Previous | Next > [ First | Last | Msg List ] Msg #: Reply
Recommend this Post Ignore this User | Report Abuse
Tax AMNESTY vs. Tax PARDON
by: buddiebuddiee
Long-Term Sentiment: Strong Buy 09/21/05 03:19 pm
Msg: 728235 of 728271
DioGuardi and their commercials -- ALL LIES and the FCC ALLOWS them to
be aired. Go figure. The FUCKING ASSHOLE DIMWITS!!!
The LYING laywer does NOT define the TRUE MEANING of the word
"AMNESTY" -- which does NOT mean GUILT like PARDON does, according to
THEIR OWN BLOODY LAW dictionary --
"Legally, amnesty differs from pardon in that pardon implies guilt,
whereas amnesty does not. Amnesty is the abolition and forgetfullness
of the offence."
[Page 18 of Canadian LAW Dictionary - BARRON's]
And here's this f'ing lawyer LYING through his teeth RIGHT ON TV --
using the word "AMNESTY" -- and then has the phone # as
"-2PARDON"...HIS SITE SHOULD BE
taxPARDON.ca and NOT taxAMNESTY.ca
FUCKING PRICKS!!!! ]
----------
AMNESTY An act of oblivion for past acts, granted by a government to
persons accused of crimes generally of a political nature, e.g.,
treason, sedition, desertion. Legally, amnesty differs from pardon in
that pardon implies guilt, whereas amnesty does not. Amnesty is the
abolition and forgetfullness of the offence.
[Page 18 of Canadian LAW Dictionary - BARRON's ]
Amnesty (Page: 49)
Am"nes*ty (#), n. [L. amnestia, Gr. , a forgetting, fr. forgotten,
forgetful; priv. + to remember: cf. F. amnistie, earlier amnestie. See
Mean, v.]
1. Forgetfulness; cessation of remembrance of wrong; oblivion.
http://machaut.uchicago.edu/?resource=Webster%27s&word=amnesty&use1913=on
-------------
And then here's a chartared accountant who calls DioGuardi & compnay
LIARS...LOL
Voluntary Disclosure
One Canadian law firm runs a 51/2" by 31/2"
advertisement in the newspaper six times a week.
Each ad is addressed to individual taxpayers who
presumably have earned income over the years and
have failed to report it on their personal income tax
returns. Should this fact ever come to the attention
of the Canada Revenue Agency (CRA), they face a
large income tax liability for sure and perhaps equal
or greater amounts in penalties and/or interest.
The lawyers promise to "clean up your (income)
tax problem with no criminal prosecution, no financial
penalties, interest relief, and (a) possible waiver
of tax for some years". They term this package
to be an Income Tax Amnesty and refer the reader
to their website where he is advised to "come
clean" sooner rather than later and fess up to the
undeclared income through the services of their
firm.
While it may be in the taxpayer's best interest to
approach the income tax authorities via
experienced professionals who can negotiate on their
behalf, the reference to this process as an amnesty is
somewhat misleading. The dictionary definition of
"amnesty" defines the term as "official pardon" or
"forgiveness" or "reprieve". These words imply that
the taxpayer will disclose his dealings to the CRA
and they will permit him to escape any income tax
liability that would normally be associated with these
earnings.
Nothing is further from the truth!! The fact of the
matter is that they are leading their clients to CRA's
"Voluntary Disclosure" program, a reporting
mechanism that has been in existence for over thirty
years. Under this program, taxpayers come forward
to the income tax authorities and provide full and
accurate information, including complete
documentation, concerning income that has not
been disclosed or has been under-reported on at
least one personal income tax return.
The only caveat is that the taxpayer must not have
been previously notified that his affairs were under
investigation by the CRA or any other authority
with which they have an information exchange
agreement, such as the RCMP or a regional police
department.
If these conditions apply, the taxpayer then declares
his previously un- or under reported income and
becomes liable for the taxes. The savings, as
correctly pointed out in the advertisement, are in the
penalties and interest that have been waived through
prior negotiation with the Agency. And these can
often be equal or greater than the actual income
taxes themselves.
Compliments of Campbell Lawless
Professional Corporation
Chartered Accountants
8 King Street East, Suite 900
Toronto, Ontario M5C 1B9
Phone: (416) 864-0915
Fax: (416) 864-0423
http://www.canadianmoneysaver.ca/resource_center/homepg_articles/Voluntary%20Disclosure.htm
-----
BUT...wait!!! The legalese pricks have made ANOTHER word up to PROTECT
their assholes!!
...the word is Advertising 'PUFFERY"
http://www.dcpress.com/jmb/page60.htm
Marketing Implications of the FTC's View of Puffery and Vulnerable
Consumers
Authors: Perry Haan: ***@wilmington.edu
Cal Berkey: ***@embanet.com
Introduction
Puffery is a tool marketers use in advertising and sales to enhance
their products. Despite recent threats to regulate puffery by the
Federal Trade Commission (FTC), puffery continues to be practiced by
advertisers and salespeople. Because of the characteristics of the
marketplace, vulnerable consumers are a group that may be harmed by
the use of puffery. In this non-empirical paper, the authors will
examine past research concerning puffery and consumers' perceptions of
its use. The authors will then review past research regarding
vulnerable consumers and how they may be harmed by puffery. The
authors will make recommendations to marketers concerning the use of
puffery relative to vulnerable consumers. Finally, the limitations of
this paper and opportunities for future research will be explored.
Puffery
The roots of puffery are generally traced back to the sixteenth
century when caveat emptor (buyer beware) became the rule of business.
The consumerism movement of the twentieth century has helped protect
consumers in many areas, but puffery for the most part has proceeded
unabated (Preston, 1996).
This paper will use the definition of puffery espoused by Preston
(1996),
...the marketplace term for what elsewhere would simply be called an
opinion statement, expressing the seller's evaluation of the
advertised item. However, it also involves an added feature that does
not apply outside the marketplace. By legal definition, puffery claims
praise the advertised item by using subjective terms, stating no facts
explicitly, and thus representing no factual content to consumers and
so creating no basis for them to believe anything about the item that
would affect their purchasing decision (p. 12).
The FTC Deception Policy Statement (1983) emphasizes that deception
must contain three elements. First, it, "must be a representation,
omission, or practice that is likely to mislead a consumer" (p. 4).
The concept of deception in advertising is generally thought to mean
anything that is false or misleading. More specifically, claims that
are misleading only need to encourage consumers, but not actually
cause consumers to act in ways that may hurt themselves. (Hyman,
1990). The FTC, however, defines deceptive advertising in terms of
whether or not potentially deceitful advertising advocates behavior in
which consumers would not otherwise engage (Nebenzahl & Jaffe, 1998).
Carson, Wokutch, and Cox (1985) examined the definitions of deception
as applied to advertising. They determined that advertising is
deceptive "if it causes a significant percentage of potential
consumers (i.e., those at whom it is directed or whose consumption
behavior is likely to be influenced by it) to have false beliefs about
the product" (p. 96). This definition still leaves open the question
of what makes up a significant percentage of potential consumers
(Carson, Wokutch, & Cox, 1985).
For the second element, the deceptive "act or practice must be
considered from the perspective of the reasonable consumer" (FTC
Deception Policy Statement, 1983). Puffery is generally defended by
suggesting that reasonable consumers will not believe puffery when
exposed to it. The theory is that a reasonable consumer is too savvy
or intelligent to believe a puff (Preston, 1996). The definition of a
reasonable consumer will be addressed later in the paper as it applies
to vulnerable consumers. The FTC's Commercial Code prohibits
advertisers from deceiving consumers in advertising. Historically the
FTC has ruled that puffery is not deceptive (Ross, 1996).
The third element for a statement to be considered deceptive is that
"the representation, omission or practice must be material" (FTC
Deception Policy Statement, 1983). Richards and Preston (1992) comment
that until 1991, the issue of materiality in deceptive advertising
cases had not been raised. If this material aspect of puffery is
pursued more often in legal proceedings it could be damaging for
advertisers, "Presumptions of materiality have the effect of shifting
the burden of proof to the advertiser. Because this shift entails
proving a negative, it is nearly impossible for advertisers to bear
that burden" (Richards & Preston, 1992, p. 55).
Recently the FTC has started to consider widening the definition of an
express warranty (Kent, 1996). This widening of the definition would
force advertisers to prove claims that they make. The Uniform
Commercial Code (UCC) is being changed to make the definition of
warranty more inclusive of claims that are now considered puffery
(American Law Institute, 1996).
Often advertisers use clever literary devices to mislead or deceive
consumers. Metonymy associates the meanings of products with their
users (Stern, 1992). For example, alcohol advertisements that show the
consumers of these products surrounded by affluent people and things,
suggest that those who consume their product can also be these
beautiful people and have these things (Berger, 1989).
Irony is another literary tool that advertisers use to deceive
consumers. Words with more than one meaning can fool consumers into
believing something about a product that may not be true (Stern,
1992). Chanel skin crème used the line, "We don't say Lift Serum is a
miracle, but others may think so." The double meaning here is that the
product cannot perform miracles-or can it? The advertising is leading
the reader to believe that some who use the cream may think so (Stern,
1990).
Other advertising has used absurdism to attempt to persuade consumers.
Absurd language uses terms devoid of meaning and lets consumers
determine the meaning for themselves (Cohen, 1974; Ford & Calfee,
1986). The Joe Camel advertising is often cited as an example of this
absurd use of images. A cartoon animal smoking, surrounded by others
having a good time attracts people's attention because of its
absurdity (Stern, 1992).
Despite the fact that the FTC has not yet proclaimed puffery to be
deceitful, research indicates that puffery can be deceitful. A number
of studies suggest that large numbers of consumers do believe puffed
up claims made by advertisers (Bruskin Report, 1971; Preston 1996;
Rotfeld, 1997; Rotfeld & Rotzoll, 1980; Shimp, 1978).
The marketing research firm of R.H. Bruskin (Bruskin Report, 1971)
asked consumers to rank claims in advertising as "completely true,"
"partly true," or "not true at all." A sampling of the results
indicate that 64 percent of the consumers surveyed believed that Coca-
Cola's claim of "It's the Real Thing" is true or partly true. Minute
Rice's statement that it makes "Perfect rice everytime" was perceived
as being completely true by 43 percent of those asked and partly true
by another 30 percent of the participants in the survey (p. 17).
Another study (Shimp, 1978) examined whether consumers draw
implications about incomplete comparatives made concerning product
claims. In one example, when asked to analyze the claim, "Mennen E
goes on warmer and drier," over 50 percent said that this claim either
"directly stated" or "intended, but not stated" that "Mennen E goes on
warmer and drier than any other deodorant on the market" (p. 105).
The Rotfeld and Rotzoll (1980) study showed videotapes of five
commercials to over 100 consumers, 85 percent of whom had attended
college. Almost 70 percent of those in the study had undergraduate
degrees and 15 percent had post-graduate degrees. This would suggest
that this is a group of reasonable consumers, "A less well-educated
sample probably would believe puffery claims even more" (p. 20).
The participants were asked about the literal and implied messages in
the commercials. Of the group exposed to the video tapes, "puffery
claims for the five commercials were perceived and believed by 39.6
percent of the respondents while puffery implied claims averaged only
11.4 percent belief" (Rotfeld & Rotzoll, 1980, p. 19).
Sometimes advertisers argue that consumers know that advertising is
untrue as a legal defense. For years cigarette manufacturers have
routinely argued that the dangers of their product are not fully known
to them. Yet when challenged in recent liability cases, the cigarette
industry has claimed that reasonable consumers know that cigarettes
are harmful. They appear to be admitting to less than truthful claims
in their advertising (Rotfeld, 1997).
Of course if puffery did not work, marketers would not use it. Preston
(1996) argues this point,
Puffery is endemic in American salesmanship, practically the soul and
substance of the American way of selling. The industry's conviction
that puffery works is proof enough for me that it does, because I have
great admiration for the expertise of the advertising profession (p.
24, 25).
According to the sources cited above, puffery is a key component of
the American
way of selling and is believed by a substantial number of consumers
(including those with above average education). If this is the case,
what are the dangers for vulnerable consumers who are exposed to
advertising that contains puffery?
The following section will discuss vulnerable consumers and why they
present special problems for marketers. Specific vulnerable consumer
groups will be identified. In the following section vulnerable
consumers will be discussed, as well as why they may be deceived by
puffery.
Vulnerable Consumers
Some consumers are more likely than others to be harmed by deceitful
advertising. These consumers are often referred to as vulnerable
consumers. The vulnerability of consumers can be permanent or
temporary and may change with time (Goodin, 1985).
Society believes that vulnerable consumers need to be protected in the
marketplace. If vulnerable consumers are not protected, they may
possibly be cheated in market transactions. They are generally
vulnerable because of some condition that they cannot control, such as
age, race, or gender. These uncontrollable conditions may result in
vulnerable consumers making harmful choices in the marketplace
(Andreasen, 1993).
Because of the limited ability of the vulnerable to participate in
market activities, Brenkert (1998) argues that it is immoral for
marketers to aim their promotional efforts at these vulnerable
consumers. He classifies vulnerable consumers into four categories:
the physically vulnerable, cognitively vulnerable, motivationally
vulnerable, and socially vulnerable (Brenkert, 1998).
Physically vulnerable consumers are unable to use products on the
market because of the products' physical characteristics, such as an
allergic reaction (Brenkert, 1998). Physical vulnerability can also
include consumers with other types of disabilities that are covered by
the Americans with Disabilities Act. It may include the diminishing
visual, auditory, and motor skill functions often associated with the
aging process (Morgan & Schuller, 1985).
Motivationally vulnerable consumers are unable to resist certain
temptations because of their circumstances. A parent in a store with
an unruly child may find it difficult not to give in to the demands of
the child (Brenkert, 1998).
Social situations which make consumers more likely to purchase certain
products are included in the socially vulnerable category (Brenkert,
1998). Similar to this are vulnerable consumers who are not
sophisticated enough to avoid making purchase decisions that are
harmful, "These consumers may be gullible when encountering spurious
or questionable claims about products or services" (Morgan & Schuller,
1995).
The final category of vulnerable consumers according to Brenkert
(1998) is that of cognitively vulnerable consumers. These consumers do
not have the ability to understand the promotional information being
presented to them. Children, the elderly, and the uneducated are the
most obvious examples of this group (Brenkert, 1998). Morgan and
Schuler (1995) include those with information processing difficulties
such as dyslexia and attention deficit disorder in this group.
The conditions surrounding vulnerable consumers can contribute to
their susceptibility to unscrupulous marketers. The nature of some
products may make them more dangerous for vulnerable consumers (Morgan
& Schuller, 1995). For example, alcohol and tobacco are products that
certain types of vulnerable consumers may be exposed to that could
hurt them in a number of ways (Patterson, Hunnicut, & Stutts, 1992).
How often the product is used is another issue for vulnerable
consumers. The more often a vulnerable consumer is exposed to a
product, the more likely (s)he is to suffer harm. Also the time
sensitivity of promotional efforts may confuse vulnerable consumers
(Morgan & Schuller, 1995). A salesperson who insists that a price
being offered for a product is only good for today may be dismissed by
a reasonable consumer as puffery, but may be believed by one who is
more vulnerable.
Finally, other temporary situations may occur when a vulnerable
consumer is forced to make a decision about a product without the help
of a trusted advisor or without the information needed to make a
rational choice on her/his own. Marketers need to be careful not to
take advantage of consumers in these situations (Morgan & Schuller,
1995).
All of these vulnerable consumers are less able to defend themselves
from misleading or deceitful attempts by marketers to influence their
purchase behavior. Often they are not aware that they are not able to
defend themselves. This makes them a very susceptible group of
consumers (Brenkert, 1998).
Andreasen (1993) comments that the characteristics of vulnerable
consumers and marketers' behavior towards them have changed in recent
years. More marketers are willing to take advantage of vulnerable
consumers than in the past, "...merchants who will take advantage of the
lack of mobility of the disadvantaged consumers ...charge exorbitant
prices for products...unconscionable interest rates and...trick the
elderly" have increased (p. 271).
The definition of vulnerable consumers has recently broadened to
include those who are physically handicapped and minorities who are
recent immigrants. Historically the vulnerable consumer group included
the poor, racial minorities, children and the elderly. This increase
in who is included complicates the issues involved in dealing with
vulnerable consumers (Andreasen, 1993).
It is the ethical duty of marketers to not take advantage of consumers
who are in these vulnerable groups. To do so would violate the ethical
principle of preventing harm to consumers and potential consumers
(American Marketing Association, 1998). Brenkert (1998) states, "...any
marketing to the vulnerable cannot morally be undertaken in a way
which trades upon their vulnerabilities" ( p. 522).
Lippke (1989) also argues that persuasive advertising can erode the
autonomy of the consumers' decision-making ability. He believes that
advertising suppresses the autonomy of the buyer. Persuasive
advertising discourages consumers from using their cognitive skills to
make a rational purchasing decision (Lippke, 1989).
The message that advertisers frequently send to consumers is that
their products can solve consumers' problems. Lippke (1989)
elaborates, "What could be more inviting than a life that demands so
little beyond ease and gratification (especially to children, who are
less attuned to the values of self-control and delayed
gratification)?" (p. 46).
Vulnerable Consumers and Reasonable Consumers
As the past research cited in this paper indicates, puffery is a
practice that has been for the most part left alone because the FTC
believes it does not deceive reasonable consumers (Preston, 1996). The
FTC, however, has not discussed the effects of puffery on those who
are not reasonable consumers.
Because consumers who are considered vulnerable are unable to protect
themselves as other consumers do against puffery (Andreasen, 1993), it
appears that vulnerable consumers are not considered to be reasonable
according to the standards set by the FTC (FTC Deception Policy,
1983). If vulnerable consumers are not considered reasonable, what
responsibility do marketers have to protect these vulnerable consumers
from puffery? What responsibility does society have, if any, to
protect vulnerable consumers from puffery?
The FTC's concept of a reasonable consumer has evolved over the years
through a number of court cases and rulings. It generally has
established that most people, but not all, are to be protected, "The
FTC does not go so far as to prohibit the deceptiveness that involves
only a few consumers. It works under the constraint that it may
proceed only when its action involves a sufficient degree of public
interest" (Preston, 1996).
This is a far cry from the ignorant consumer standard that the FTC
followed until the 1960s. Since the 1960s the standard has been
relaxed in favor of sellers, "...It (the FTC) clearly rejects a strict
ignorant person standard that would protect everyone from everything
that would deceive them" (Preston, 1996).
If vulnerable consumers are not reasonable consumers, many of them are
likely to fall prey to the false or misleading claims made in
advertising that reasonable consumers may reject as puffery, and thus
unbelievable (Andreasen, 1993). What then can marketers generally, and
advertisers and salespeople, more specifically, do to minimize the
harm caused by the puffery to which vulnerable consumers are exposed?
The following section will make recommendations to address this
question.
Recommendations
It is probably impossible for marketers to protect vulnerable
consumers from all puffery and all of the other marketing efforts that
may harm them. There are, however, some measures that marketers can
take to attempt to protect vulnerable consumers from puffery and other
types of potentially harmful marketing efforts.
First, marketers should be careful when choosing target markets. Past
efforts by companies to target vulnerable consumers have been
scrutinized by consumer groups and government agencies (i.e., Moon,
1990; Benet, Pitts, & La Tour, 1993; Sautter & Oretskin). Companies
have been criticized for targeting vulnerable consumers for products
that are both good and bad for consumers (Smith & Cooper-Martin,
1997).
Marketers that have aimed harmful products such as tobacco and alcohol
at vulnerable groups of consumers such as women and minorities are the
most visible examples of marketing campaigns targeted to vulnerable
consumers. R.J. Reynolds Tobacco Company (RJR) was chastised for its
product, Uptown, because it was marketed to African-American smokers.
RJR later introduced Dakota brand cigarettes. This product was aimed
at young, poorly educated, blue collar, white females. Both of these
efforts were denounced for targeting a vulnerable group of consumers
(Smith & Cooper-Martin, 1997).
The Food and Drug Administration (FDA) has set guidelines concerning
the targeting of children for certain harmful products (Smith & Cooper-
Martin, 1997). The FDA has also made attempts at protecting adults
with respect to their consumption of gambling (Clotfelter & Cook,
1989) as well as alcohol and tobacco as noted above. With this
interest by the government, consumer groups, and the public at large
to protect vulnerable consumers, it would appear that it would be in
the best interest of marketers to avoid aiming their marketing
efforts, especially deceptive or puffed advertising, at these
vulnerable consumers (Geyelin, 1995).
A second recommendation is aimed at salespeople who work with
vulnerable consumers. Because of the fact that salespeople work with
no close supervision (Dubinsky, Howell, & Bellenger, 1986), they may
have the greatest opportunity to take advantage of vulnerable
consumers.
Salespeople who make a living selling to vulnerable consumers need to
refrain from using puffery to sell their products. Pitts and La Tour
(1993) state that some marketers use fear appeal to influence older
consumers. The use of salespeople by the elderly to help fulfill
social needs make them an inviting target for unscrupulous salespeople
(Kang & Ridgway, 1996). Their sometimes limited cognitive abilities
make them even more likely to believe puffed statements made by a
salesperson (John & Cole, 1986; Andreasen, 1993).
Finally, the most important recommendation to marketers is to do what
they can to be aware of vulnerable consumers who may be exposed to the
puffs that the company communicates in its promotional materials.
Attempts by marketers to take a more ethical and honest approach to
protecting vulnerable consumers may prevent government and consumer
groups from needing to prohibit the activities of marketers aimed at
these consumers.
Limitations and Future Research
The connections between puffery and vulnerable consumers outlined
above are made based on past research and have not been empirically
tested. No empirical research has been conducted on the effects of
puffery on vulnerable consumers. As is evident from the research in
this paper, the FTC has done little to address the issues of puffery
as it applies to vulnerable consumers.
Future research needs to be done to examine how vulnerable consumers
respond to puffery. It is important to see if these vulnerable
consumers really are more susceptible than other consumers to the
claims made by puffery. Also the negative effects of puffery on
vulnerable consumers should be investigated. What harm does puffery
cause for vulnerable consumers?
Further research in these areas can provide guidance for marketers who
deal with vulnerable consumers. The additional research can also guide
lawmakers and consumer groups implementing policies that protect
vulnerable consumers and are also fair to marketers. Hopefully this
paper will encourage this empirical research to begin.
References
American Law Institute (1996). Uniform commercial code. Fourteenth
edition, section 2- 13.
American Marketing Association (1998). American marketing association
code of ethics. In L. P. Hartman (Ed.), Perspectives in Business
Ethics (pp. 502-504). Chicago. Irwin/McGraw Hill.
Andreasen, A. R. (1993). Revisiting the disadvantaged: Old lessons and
new problems. Journal of Public Policy & Marketing, 12, 270-275.
Benet, S., Pitts, R. E., & La Tour, M. (1993). The appropriateness of
fear appeal use for health care marketing to the elderly: Is it ok to
scare granny? Journal of Business Ethics, 12, 1, 45-58.
Berger, A. A. (1989). Seeing is believing: An introduction to visual
communication. Mountain View, CA: Mayfield Publishing Company.
Brenkert, G. (1998) Marketing and the vulnerable. In L. P. Hartman
(Ed.), Perspectives in Business Ethics (pp. 515-526). Chicago. Irwin/
McGraw Hill.
Bruskin Report (1971). No. 40, New Brunswick, NJ.
Carson, T. L., Wokutch, R. E. & Cox, J. E. (1985). An ethical analysis
of deception in advertising. Journal of Business Ethics, 4, (1985),
93-104.
Clotfelter, C. T. & Cook, P. J. (1989). Selling hope: State lotteries
in america. Cambridge, MA: Harvard University Press.
Cohen, D. (1974). The concept of unfairness as it relates to
advertising legislation. Journal of Marketing, 38, (July), 8-13.
Ford, G. T. & Calfee, J. E. (1986). Recent developments in ftc policy
on deception. Journal of Marketing, 50 (July), 82-103.
FTC Deception Policy Statement (1983). World Wide Web: www.webcom.com/
lewrose/decptionpol.html
Geyelin, M. (1995). Limits on cigarette billboard upheld. The Wall
Street Journal, (September 7).
Goodin, R. E. (1985). Protecting the vulnerable. Chicago. The
University of Chicago Press.
Hyman, M. (1990). Deception in advertising: A proposed complex of
definitions for researchers, lawyers, and regulators. International
Journal of Advertising, 9, 259-270.
John, D. R. & Cole, C. A. (1986). Age differences in information
processing: Understanding deficits in young and elderly consumers.
Journal of Consumer Research, 13, (December), 297-310.
Kang, Y. S. & Ridgway, N. M. (1996). The importance of consumer market
interactions as a form of social support for elderly consumers.
Journal of Public Policy & Marketing, l15, 1, 108-117.
Kent, F. H. (1996). What is "puffery?" The New York Law Journal
(December 20), 18-20.
Lippke, R. L. (1989). Advertising and the social conditions of
autonomy. Business & Professional Ethics Journal, 8, 4, 35-55.
Moon, M. (1990). Consumer issues and the elderly. The Journal of
Consumer Affairs, 24, 2, 235-244.
Morgan, F. W. & Schuler, D. K. (1995). A framework for examining the
legal status of vulnerable consumers. Journal of Public Policy &
Marketing, 14, 2, 267-277.
Nebenzahl, I. D. and Jaffe, E. D. (1998). Ethical dimensions of
advertising executions. Journal of Business Ethics, 17, 7, 805-814.
Patterson, L. T., Hunnicut, G. G., & Stutts, M. A. (1992). Young
adults' perceptions of warnings and risks associated with alcohol
consumption. Journal of Public Policy & Marketing, 11, 1, 96-103.
Preston, I. L. (1997). Regulatory positions toward advertising puffery
of the uniform commercial code and the federal trade commission.
Journal of Public Policy and Marketing, 61, 2, 336-351.
Preston, I. L. (1996). The Great american blowup: Puffery in
advertising and selling (Rev. ed.). Madison, WI: The University of
Wisconsin Press.
Preston. I. L. & Richards, J. I. (1992). Proving and disproving
materiality of deceptive advertising claims. Journal of Public Policy
& Marketing, 11, 2, 45-56.
Ross, C. (1996). Marketers fend off shift in rules for ad puffery.
Advertising Age (February 19), 41.
Rotfeld, H. (1997). When firms admit their promotions are false.
Marketing News, 31, 24, 13.
Rotfeld, H. J. & Rotzoll, K. B. (1980). Is advertising puffery to be
believed? Journal of Advertising, 10, 16-20.
Sautter, E. T. & Oretskin, N. A. (1997). Tobacco targeting: The
ethical complexity of marketing to minorities. Journal of Business
Ethics, 16, 10, 1011-1017.
Shimp, T. A. (1987). Do incomplete comparisons mislead? Journal of
Advertising Research, 18, 21-27.
Smith, N, C. & Cooper-Martin, E. (1997). Ethics and target marketing.
Journal of Business Ethics, 61, 3, 1-20.
Stern, B. B. (1992). "Crafty advertisers": Literary versus literal
deceptiveness. Journal of Public Policy & Marketing, 11, 1, 72-81.
Stern, B. B. (1990). Pleasure and persuasion in advertising:
Rhetorical irony as a humor technique. In (J. Leigh and C. R. Martin,
Eds.), Current Issues and Research in Advertising, Vol. 12. Ann Arbor,
MI: The University of Michigan