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Chapter 16
Consumer and Marketing Misbehavior
Learning Objectives
After studying this chapter, students should be able to accomplish the following objectives.
16-2 Distinguish between consumer misbehavior and consumer problem behavior.
16-4 Comprehend the role of corporate social responsibility in the field of marketing.
16-6 Comprehend the major areas of criticism to which marketers are subjected.
Lecture Example
Many legal provisions are instituted to protect consumers from marketing misbehavior.
Such legislation is aimed at maintaining or improving the general welfare of consumers in
a free marketplace while also mutually benefiting marketers. For example, in Connecticut,
consumers as well as farmers are pushing for a legislation that will make the labeling of
genetically modified food compulsory. According to Stephen Singer, Organic farmers say
they stand to benefit from better informed consumers who may reject genetically modified
products and instead choose organic food. Preliminary findings in an academic study
Lecture Outline with PowerPoint® Slides
The term misbehavior is used cautiously because opinions regarding what is acceptable or
normal depends on one’s ethical beliefs, ideologies, and even culture. Marketers sometimes
engage in unethical activities as well. They mislead consumers through deceptive
©2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
LO 16-1: Understand the consumer misbehavior phenomenon and how it affects the
exchange process.
Q: Ask students to list out examples of what they consider as consumer
misbehavior(s).
I. Consumer Misbehavior and Exchange [Instructor PPT Slide 4]
Consumer misbehavior may be viewed as a subset of the human deviance topic. Sometimes
consumers can deviate from norms with the intention of doing good.
Consumer misbehavior can be defined in numerous ways. It is defined as behaviors that
are in some way unethical and that potentially harm the self or others. Misbehavior violates
norms and also disrupts the flow of consumption activities.
A. The Focus of Misbehavior: Value
A central component for understanding consumer behavior is value. It shouldn’t be
surprising then that the focal motivation for consumer misbehavior is value. However,
how consumers obtain value is the key issue. Consumers seek to maximize the benefits
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they receive from an action while minimizing, or eliminating, their own costs.
B. Consumer Misbehavior and Ethics [Instructor PPT Slides 57]
Moral beliefs and evaluations influence decisions pertaining to marketplace behaviors.
The effect of moral beliefs on ethical decision making and consumer misbehavior is
shown in Exhibit 16.1.
Moral Beliefs
Moral beliefs, or beliefs about the perceived ethicality or morality of behaviors, play
a very important role in misbehavior. A consumer’s moral beliefs are made up of
three components: moral equity, contractualism, and relativism.
Moral equity represents beliefs regarding an act’s fairness or justness.
Contractualism refers to beliefs about the violation of written (or unwritten)
laws.
Relativism represents beliefs about the social acceptability of an act.
Ethical Evaluations
Consumers bring their moral beliefs into all decision-making settings. Once a
consumer enters into a situation that calls for an ethical decision (Should I download
this movie?), the consumer considers the various alternative courses of action. Here,
two sets of ethical evaluations occur: deontological evaluations and teleological
evaluations.
C. Motivations of Misbehavior [Instructor PPT Slide 8]
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Moral beliefs and behavioral evaluations indeed play important roles in consumer
misbehavior. Researchers Ronald Fullerton and Girish Punj offer the following
motivations of consumer misbehavior:
Unfulfilled aspirationsmany consumers have unfulfilled aspirations that
influence their misbehavior. An important concept is anomie. Anomie has been
conceptualized as both a response to rapid cultural change and an explanation for
deviance. To understand anomie as an explanation for deviance, consider the
Thrill seekingthe thrill of the action may lead consumers to misbehave.
Lack of moral constraintssome consumers simply don’t have a set of moral
beliefs that are in agreement with society’s expectations and see no problem with
their behavior.
Differential associationdifferential association explains why groups of people
replace one set of acceptable norms with another set that others view as
unacceptable. By acting in opposition to acceptable standards, group members
forge their own identities and strengthen group cohesion.
LO 16-2: Distinguish between consumer misbehavior and consumer problem
behavior.
Q: Ask students for their opinions on the relevance of product misuse in the student
population. How many students text while they drive?
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II. Distinguish Consumer Misbehavior from Problem Behavior [Instructor PPT Slide
9]
Consumer misbehavior can be distinguished from what one refers to as consumer “problem
behavior.” The misbehavior term is used to describe behavior deliberately harmful to the
self or another party during an exchange. Consumer problem behavior refers to
behaviors that are seemingly outside of a consumer’s control.
A. Consumer Misbehavior
Many of the behaviors that are listed in Exhibit 16.2 are discussed frequently in the
popular press.
Shoplifting
Consumers’ motivations for shoplifting are similar to motivations for other forms of
misbehavior. Specifically, consumers shoplift because the temptation can be very
strong, they believe that retailers can afford the monetary loss, they believe they
probably won’t get caught, they seek acceptance into a group, and the act can be
exciting.
Shoplifting can sometimes be diagnosed as kleptomania. Kleptomania is generally
triggered by a strong compulsion and the inability of the consumer to fight the urge.
Emotions and Shoplifting
Emotions play a large role in shoplifting. Fear of being caught plays a role in
predicting shoplifting intentions, especially among young consumers. Research
also shows that consumers who shoplift are sometimes motivated by repressed
feelings of stress and anger.
Age and Shoplifting
Shoplifting behavior appears to peak during the adolescent years. Adolescents
also tend to consider shoplifting as being more ethical than do adult shoppers.
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Computer-Mediated Behaviors: Illegal Sharing of Software and Music
Due to improvements in technology, consumers often have the ability to illicitly
download electronic material from a number of sources.
Computer-Mediated Behaviors: Attacks
Computers present other opportunities for misbehavior. Spam, which clogs up
computers and slows internet connectivity, results in billions of dollars of lost
business productivity annually. Computer viruses are another major problem. By far
the most common form of computer-aided attacks is the spreading of malicious URL
links.
Consumer Fraud
There are many types of consumer fraud. Although it is difficult to estimate exactly
how much consumer fraud ends up costing consumers, the Coalition Against
Insurance Fraud estimates that insurance fraud alone costs Americans at least $80
billion per year.
Abusive Consumer Behavior
Consumers who are aggressive or rude to employees and other consumers are
considered to be abusive. One early study in the area of problem customers suggested
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that four categories of customers can be identified: verbally or physically abusive
customers, uncooperative customers, drunken customers, and customers who break
company policy. Needless to say, employees don’t like to deal with customers who
act this way, and abusive behaviors can have negative effects on other consumers as
well.
Illegitimate Complaining
Consumers also complain about products and services even when there really isn’t a
problem. To date, the research on illegitimate complaining remains relatively scarce.
However, one study did find that illegitimate complaining is motivated by a desire
for monetary gain, a desire to evade personal responsibility for product misuse, a
desire to enhance the consumer’s ego and look good to others, or a desire to harm a
service provider or company.
Product Misuse
Consumers also may use products in ways that were clearly not intended. In some
cases, consumers simply misuse products by accident. In others, they knowingly
misuse them. Marketers therefore work hard to ensure that consumers understand the
ways in which products should be used. However, even when warnings and
instructions are provided, consumers still misuse products. Injuries that result can be
very costly.
Why do consumers use products in unsafe ways? A number of explanations have
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Aggressive Driving
Aggressive driving may range from mild displays of anger to seriously violent
acts while driving. Although aggressive driving is often thought of as an act by a
solitary consumer, aggressive driving problems often involve multiple drivers, as
Drinking and Driving
Statistics reveal that as many as 13,000 people die from alcohol-related traffic
accidents in the United States each year and that nearly three out of every ten
Americans will be involved in an alcohol-related crash at some point in their lives.
Cell Phone Use and Driving
While not everyone will agree that simply using a cell phone while driving is a
consumer misbehavior, texting and driving is certainly a dangerous issue. And,
this behavior is against the law in many states.
Studies reveal that consumers who use cell phones while driving are four times as
likely to get into serious accidents, and the problem is particularly serious for
Sexting
One growing form of misbehavior is “sexting.” Sexting is taking nude photos of
oneself and sending them to another person via cell phone. It seems to occur most
frequently among teenaged consumers, and the app Snapchat has been criticized by
some as making sexting easy and secure.
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Multiple media reports indicate that many teens feel like sexting isn’t harmful.
Parents and school administrators don’t feel the same way. Sexting also raises moral,
ethical, and legal issues. The behavior can result in severe psychological and social
problems. The effects of sexting range from minor psychological distress to intense
emotional trauma.
B. Consumer Problem Behavior
Consumer problem behaviors include other acts that do not necessarily break any
specific laws or societal norms. Psychological problems can cause or influence these
behaviors.
Compulsive Consumption
Compulsive consumption refers to repetitive, excessive, and purposeful consumer
behaviors that are performed as a response to tension, anxiety, or obtrusive thoughts.
The term compulsive consumption is often used broadly and consists of a number of
specific behaviors related to the purchase and use of consumer products and services.
Compulsive consumption should not be confused with addictive consumption.
Compulsive Buying
Compulsive buying may be defined as chronic, repetitive purchasing behaviors
that are a response to negative events or feelings. The behavior has harmful effects
such as the accumulation of debt, domestic problems, and feelings of frustration.
Influencers of the behavior include feelings of low self-esteem, obsessive
compulsive tendencies, fantasy-seeking motivations, and materialism, as well as a
focus on the short term. The same negative feelings that influence compulsive
buying can also result from the behavior itself.
Compulsive Shopping
Compulsive shopping refers to repetitive shopping behaviors. The word
oniomania is sometimes used to describe this behavior. The key difference
between compulsive shopping and buying is the buying process itself. Compulsive
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shoppers tend to focus on the mental highs associated with “the hunt,” whereas
compulsive buyers feel the need to buy.
Eating Disorders [Instructor PPT Slide 10]
Binge eating refers to the consumption of large amounts of food while feeling a
general loss of control over intake. Binge eating may result in medical complications,
including high cholesterol, high blood pressure, and heart disease. Exhibit 16.3
presents a description of the binge eating disorder.
Binge Drinking
Binge drinking is defined as the consumption of five or more drinks in a single
drinking session for men and four or more drinks for women, and the behavior is
particularly prevalent among full-time college students.
Problem Gambling
Problem gambling is another serious issue. This behavior may be described as an
obsession with gambling and the loss of control over gambling behavior and its
consequences. Consumers who are problem gamblers frequently gamble longer than
Drug Abuse
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Both illegal and prescription drugs are problem areas for some consumers. The
problem is especially alarming among teens. A 2015 study did reveal, however, that
the percentage of high school seniors who abuse prescription drugs has declined
slightly over the most current ten-year period, down from 17.1% in 2005 to 12.9% in
2015.
Recreational use of marijuana was legalized in the states of Washington and
Colorado during 2012, and later in Oregon, Alaska, and Washington, D.C. in 2014. A
relatively new trend is also the use of “synthetic” marijuana, which many consumers
view as being safer than the actual drug. Other drugs, such as cocaine and
methamphetamine, are also often abused at alarmingly high rates.
LO 16-3: Discuss marketing ethics and how marketing ethics guide the development
of marketing programs.
Q: Ask students if anyone in class has been a victim of “unfair” marketing practices.
Do they think marketers act in unethical ways to maximize profit? How do they
think consumers can combat marketing misbehavior?
III. Marketing Ethics and Misbehavior [Instructor PPT Slide 11]
A fair marketplace depends on each party in an exchange acting fairly and with due respect
for each other. Whenever anyone acts unethically, inefficiencies result and chances are that
somebody will suffer. Marketers, like consumers, can act unethically. When a company
misrepresents a product, consumers are led to expect more than is actually delivered.
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©2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Like consumer misbehavior, marketer misbehavior can be viewed as a subset of deviance.
For marketers to misbehave, they must be aware that an action will be considered
unethical and act with deviance to cover intent. Sometimes, marketers don’t intend to
misbehave but mistakes are made in marketing execution.
A. Consumerism [Instructor PPT Slide 12]
The marketing concept proposes that all the functions of the organization should work
together in satisfying its customers’ wants and needs. When businesses begin taking
advantage of consumers, consumers lose, businesses lose, and society as a whole
eventually loses. In fact, it can be said that the ethical treatment of consumers is a
cornerstone of a fair marketplace.
Much of the pressure that has been placed on marketers comes directly from consumer
groups. Consumerism is used to describe the activities of various groups to protect
basic consumer rights.
The Consumer Bill of Rights, which today stands as a foundation of the consumerism
movement, was introduced in 1962, and includes:
B. The Marketing Concept and the Consumer
The marketing concept developed greatly in the 1960s. It was early in this time period
that Theodore Levitt published the article “Marketing Myopia.” Among other things,
Levitt’s work brought about a new perspective that argued that businesses should define
themselves in terms of the consumer needs that they satisfy rather than in terms of the
products they make.
The Marketing Mix and the Consumer [Instructor PPT Slide 13]
Marketers should use the tools found in the marketing mix carefully as they target
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consumers. When consumers question the way in which they are treated, they are
likely to spread negative information through word of mouth and seek some form of
remedy.
Consumers question the extent to which products are actually harmful to them or
society in the long run. Many products can lead to short-term satisfaction, but they
can also lead to long-term consumer and/or societal problems. Consider the
following categories of products, as originally discussed by Philip Kotler:
Deficient products are products that have little to no potential to create value of
any type (for example, faulty appliances).
Marketers clearly want to avoid offering deficient products. The difficult issue comes
with the marketing of pleasing products. Many consumers know that the products
Consumer Vulnerability and Product Harmfulness [Instructor PPT Slide 14]
Two important issues to consider when discussing marketing ethics are product
harmfulness and consumer vulnerability. A classification of product harmfulness
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constitutes a “harmful” product is a question of interpretation, as is the definition of a
“vulnerable” consumer.
Employee Behavior
LO 16-4: Comprehend the role of corporate social responsibility in the field of
marketing.
Q: Ask students if they know of firms which practice corporate social responsibility.
How do they do it?
IV. Corporate Social Responsibility [Instructor PPT Slide 15]
Corporate social responsibility (CSR) may be defined as an organization’s activities and
status related to its societal obligations. Due to increased pressure from consumer groups,
companies are finding that they must be socially responsible.
There are many ways in which companies can be responsible. Activities such as making
donations to causes, supporting minority programs, ensuring responsible manufacturing
processes and environmental protectionism, acting quickly when product defects are
detected, focusing on employee safety, and encouraging employees to volunteer for local
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Socially responsible marketing is associated with favorable consumer evaluations,
increased customer satisfaction, and the likelihood of increased sales. This is particularly
the case when an individual consumer identifies with the company and the causes to which
it contributes.
A. The Societal Marketing Concept [Instructor PPT Slide 16]
Part of being socially responsible is adopting the societal marketing concept. This
concept considers the needs of society along with the wants and needs of individual
LO 16-5: Understand the various forms of regulation that affect marketing practice.
Q: Ask students to list out legislation that has helped protect consumer rights.
V. Regulation of Marketing Activities [Instructor PPT Slides 1719]
Many federal, state, and local laws were established in order to protect consumers from
marketer misbehavior. Federal regulatory bodies such as the Federal Trade Commission
(FTC) and the Food and Drug Administration monitor exchanges that take place between
A. Marketing and the Law
Exhibit 16.8 presents a legislation that has been enacted in an effort to regulate
commerce, promote free trade, and ensure consumer safety. Many of these acts are
aimed at maintaining or improving the general welfare of consumers in a free
©2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
LO 16-6: Comprehend the major areas of criticism to which marketers are subjected.
Q: Ask students how often they think about essential commodities being subjected
to price gouging.
VI. Public Criticism of Marketing [Instructor PPT Slides 2023]
Unethical marketers intend to do harm in some way, act negligently, and/or manipulate
consumers. However, marketers can simply make innocent mistakes. Consumer perception
is also important, as bad events can mean disaster for the firm in terms of lost business,
customer boycotts, and bad publicity. Any number of different issues regarding public
criticism of marketing could be discussed; however, the focus here is on only a handful of
issues.
A. Deceptive Advertising
Deceptive advertising (sometimes called false or misleading advertising) is an important
issue for marketers. Deceptive advertising is covered under the WheelerLea Act
(1938). This act amended the Federal Trade Commission Act to include false
An important distinction in practice is the difference between deceptive advertising and
puffery. The term puffery describes making exaggerated claims about a product’s
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superiority. Puffery differs from deceptive advertising in that there is no overt attempt to
deceive a targeted consumer. Consumers often complain that advertisers create
unrealistic expectations in their advertisements.
B. Marketing to Children
Children typify a vulnerable group because they often lack the knowledge of how to
behave as responsible consumers. Two important issues arise with marketing to
children. First, there is the question of whether children can understand that some
marketing messages do not offer literal interpretations of the real world. Second, the
quantity of marketing messages to which children are exposed can be called into
question.
Internet marketing is another issue. The Children’s Online Privacy Protection Act
focuses on the online collection of personal information from children who are 13 years
or younger. It specifies what marketers must include in privacy policies, when and how
to seek consent from parents, and the responsibilities that marketers have to protect
children’s privacy and safety online. Yet another issue is how violent advertisements
affect children.
C. Pollution
Marketing a product can lead to pollution. Of course, consumption also leads to
pollution, and both marketers and consumers play roles in environmental stewardship.
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Although experts disagree on the effects of pollution, the issue remains important.
D. Planned Obsolescence
Marketers are also criticized for intentionally phasing out products before their
usefulness wears out. The practice of managing and intentionally setting discontinue
E. Price Gouging
Price gouging is the act of charging a higher than reasonable price for a good, following
some kind of natural disaster or event. Following natural disasters, it is common for
F. Manipulative Sales Tactics
High-pressure and manipulative sales pitches are often the cause of consumer
dissatisfaction. Salespeople who adhere to a sales orientation are often guilty of these
types of high-pressure tactics. A more appropriate way to approach a sale is to adhere to
what is referred to as a customer orientation. When using a customer orientation, the
salesperson focuses on customer needs. Several studies have shown that having a
customer orientation leads to favorable results for salespeople.
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With the door-in-the-face technique, a salesperson begins by making a really
large request such as “Can I get you to buy this car today?” Realizing that very
Using the even-a-penny-will-help technique, cause-related marketers suggest to
potential donors that even the smallest donation will go a long way toward
Using the “I’m working for you!” technique, salespeople attempt to lead
customers into believing that they are working as hard as possible to give them the
best deal when in reality they are following a script or routine. Here, the consumer
G. Stealth Marketing
One area of marketing that is currently receiving increased attention is the use of stealth
marketing. With stealth marketing, consumers are completely unaware that they are
H. Products Liability
Big business is often criticized for marketing unsafe products. The Consumer Product
Safety Commission is the main body that monitors product safety, and the right to be
safe is a basic consumer right listed in the Consumer Bill of Rights. Product safety is
governed in different ways around the world. The issue of products liability, which is
the extent to which businesses are held responsible for product-related injuries, is
determined through this process.
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can be demonstrated in court that an injury occurred and that the product associated
with the injury was faulty in some way. This doctrine has become more prominent
recently than the former guiding doctrine of negligence. With negligence, an injured
consumer would have to show that the firm could foresee a potential injury that might
occur and then decided not to act on that knowledge. The doctrine of strict liability
means that firms face increased exposure to costs associated with product injury
lawsuits.
The issue of products liability is a good way to illustrate the importance of public policy
to consumer behavior. But while tilting the balance of bearing the burden of product
injuries toward firms may, at times, seem reasonable, such tilting actually restricts the
market by driving businesses out of certain industries and restricting the choices of
consumers. The key to effective public policy is finding the proper balance: offering
consumers protection but still providing a high degree of freedom in the marketplace.
End of Chapter Material
Discussion Questions
(*) Indicates material on prep cards.
1. How does misbehavior violate norms and disrupt consumption activities?