Misleading actions vs. misleading omissions under Unfair Commercial Practices Directive. National approach in context

Katuoka, Saulius; Navickaitė-Sakalauskienė, Ieva

doi:10.1016/j.icj.2016.07.002

Cited by 3 publications

(4 citation statements)

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“…For instance, there appears to be no such duty towards financers who are in early discussion stages and have not yet entered in any legal agreement, but there could be a duty towards financers who have become company shareholders. Nonetheless, omitting information with regard to a customer can be considered as a misleading and an unfair commercial practice in a wide range of legal systems that seek to protect consumers (Katuoka and Navickaitė-Sakalauskienė 2016).…”

Section: Legitimacy Lies and Deceptionmentioning

confidence: 99%

Going Down the Slippery Slope of Legitimacy Lies in Early-Stage Ventures: The Role of Moral Disengagement

2020

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It would seem, on the surface, logical that entrepreneurs would treat stakeholders with honesty and respect. However, this is not always the case-at times, entrepreneurs lie to stakeholders in order to take a step closer to achieving legitimacy. It is these legitimacy lies that are the focus of the current work. Overall, while we know that legitimacy lies are told, we know very little about the psychological processes at work that may make it more likely for someone to tell a legitimacy lie. Thus, we theorize about the pressure to pursue legitimacy, the situational and individual factors that affect this pursuit, as well as how this context can lead to moral disengagement and the telling of legitimacy lies. Our theorizing advances the existing literature and provides a dynamic framework by which future research can delve more deeply into the nuanced context that breeds the escalation of legitimacy lies.

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Section: Legitimacy Lies and Deceptionmentioning

confidence: 99%

Going Down the Slippery Slope of Legitimacy Lies in Early-Stage Ventures: The Role of Moral Disengagement

2020

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“…This means that the general requirements for the existence of unfair commercial practice are primarily determined (general clause). Misleading and aggressive commercial practice, as manifestations of commercial practice which are considered particularly unfair, are regulated afterward ("small general clauses") [34]. In the end, there is a blacklist of misleading and aggressive commercial practices, which prescribes behaviors considered unfair in all circumstances [33] (p. 97).…”

Section: The Legal Regime Of the Unfair Commercial Practices In The Ementioning

confidence: 99%

“…As examples of the transactional decision of the consumers, the Guidance on the application of UCPD asserts the consumer's decision to only enter the shop, to spend more time at the web site than primarily planned, not to switch the provider of the services or the seller, i.e., to remain loyal to his provider or seller [42] (pp. [33][34][35]. In the case we analyze, it means that consumer's decision to spend a little more time at the company's web site, which emphasize that the company is sustainable and socially responsible, presents a transactional decision, as well as a decision to enter the shop only due to the fact that the consumer read the brochure in which the company invokes the principles of corporate sustainability and CSR.…”

Section: Untruthful Invoking Of the Companies That They Follow The Prmentioning

confidence: 99%

The Role of Consumers in the Achievement of Corporate Sustainability through the Reduction of Unfair Commercial Practices

Mihajlović

2020

Sustainability

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The subject of this article is a determination of the potential of the prohibition of unfair commercial practice, as an institution of consumer law, established to strengthen consumers’ protection, to contribute to the achievement of corporate sustainability. The main objective of the paper is the identification of situations in which certain companies’ actions may at the same time be considered as unsustainable and socially irresponsible behavior, as well as unfair commercial practice. There are three such characteristic situations that were the subject of thorough analysis in the paper: (1) company’s constantly invoking to the concepts of corporate sustainability and corporate social responsibility (CSR) in its marketing activities, which is essentially incorrect because the company in practice breaches some of the basic postulates of these concepts, (2) breach of company’s code of conduct which contains the principles of corporate sustainability and CSR, and which the company has undertaken to be bound, (3) conducting many concrete acts which represent unfair commercial practice, and simultaneously have negative impact on the corporate sustainability and CSR. From the analysis of these three situations arises the conclusion that there is a possibility for indirect legal sanctioning of the unsustainable and socially irresponsible behavior of companies through the application of the consumer law rules on the prohibition of unfair commercial practice.

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“…Unfortunately, deceptiveness is a vague legal concept, including very different commercial practices [37]. However, including the individual characteristics of potential consumers has an influence on the buying process.…”

Section: Literature Reviewmentioning

confidence: 99%

Trapping Fake Discounts as Drivers of Real Revenues and Their Impact on Consumer’s Behavior in India: A Case Study

et al. 2019

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This empirical study contributes towards identifying the effect of both fake and real discounts in the Indian marketing environment. A common but unsustainable practice in India is to increase the selling price and then offer a discount on the product. Increasing sales based on fake discount pricing strategy is a primary business development objective in India. The discounts, however, vary across store type and time and are based on product features. The selected databases were collected from the top five Indian e-commerce portals in terms of volume of sales, and from popular brick and motor outlets of tier 2 and tier 3 cities in India. The empirical results indicate that offers based on price in India had an impact of 2.8 times higher than the actual quality of the product. The outcomes suggest that marked price has a significant impact on consumer’s behavior. The results also indicate the existence of a strong correlation between trapping fake discounts and purchase by deceiving and persuading customers in India. Research is empirical in nature and respondents have been selected based on purposive sampling. The study is limited to tier 2 and 3 cities of India for 250 days, and the results are applicable to online and offline retail stores.

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Misleading actions vs. misleading omissions under Unfair Commercial Practices Directive. National approach in context

Cited by 3 publications

References 0 publications

Going Down the Slippery Slope of Legitimacy Lies in Early-Stage Ventures: The Role of Moral Disengagement

Going Down the Slippery Slope of Legitimacy Lies in Early-Stage Ventures: The Role of Moral Disengagement

The Role of Consumers in the Achievement of Corporate Sustainability through the Reduction of Unfair Commercial Practices

Trapping Fake Discounts as Drivers of Real Revenues and Their Impact on Consumer’s Behavior in India: A Case Study

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