A Framework for Examining the Legal Status of Vulnerable Consumers

Abstract

The U.S. courts have treated especially vulnerable consumers, that is, plaintiffs whose idiosyncratic sensitivities have contributed to their product-related injuries, differently from typical consumers. The authors discuss the evolution of the concept of vulnerable consumer and suggest a broader view of it that is consistent with recent litigation and statutes. They argue that an expanded view of vulnerable consumers will protect consumers who are particularly vulnerable.

Sensory Identity: The Impact of Olfaction on Consumption

“…In Morgan, Schuler, and Stoltman's (1995) vulnerability matrix, consumers can be vulnerable in the marketplace based on sophistication level, physical sensitivity, physical and mental competency. Baker (2006) also 335 Sensory Identity: The Impact of Olfaction on Consumption asserts that the retail environment can devalue individual identity, contributing to consumer vulnerability.…”

Aging Consumer Vulnerabilities Influencing Factors of Acquiescence to Informed Consent

“…Considering vulnerability in the context of the legal parameters in obtaining informed consent, Morgan, Schuler, and Stoltman (1995) offer a typology of vulnerability. (1) Physical competency (i.e., hearing disabilities associated with aging): aging consumers with cognitive limitations (hearing, vision and possibly speech) may lack the competency to provide valid and informed consent; (2) Level of sophistication (i.e., socioeconomics, capacity for understanding the terms of an agreement): in the case of older consumers, financial changes along with sensory issues may decrease their level of sophistication, thereby increasing vulnerabilities; (3) Mental competency (i.e., processing capabilities): vulnerability is an evolving process created and to be understood in terms of cumulative conditions (Webb and Harinarayan 1999).…”

Ethical Decision-Making by Consumers: The Roles of Product Harm and Consumer Vulnerability

“…Thus, the vulnerable consumer has been labeled ''the least sophisticated, '' and is often described as anyone who does not have the skills, knowledge and attitudes that enable them to make efficient consumer decisions (Hill, 2002;Nwachukwu et al, 1997). While a variety of definitions for the vulnerable consumer can be found in the marketing and public policy literature (Morgan et al, 1995), there is currently little evidence that suggests consumers will actually categorize either themselves or others as belonging to a vulnerable consumer group. This is particularly true without the provision of definitions offering priming cues.…”