for which they are intended . Consumers ' right to a safe product is not unlimited . According to Due care theory , the basic standard is required when designing a new product . This comes from the design and production of these new products . In designing a product , it is the responsibility of manufacturers to research its risks in conditions of use . In doing so , they minimize risk and also take the capacities of users into account .
Our role as marketers is to provide users with information on how to use products safely , warn consumers of all possible dangers , and avoid marketing to those who cannot avoid risks . On the contrary , we have continued to witness dangerous products being released into the market at the expense of the consumers .
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Marketers must take into account that there ' s a big difference between deceit , manipulation and persuasion . One of the most common methods of manipulation is through deceit . However , sometimes manipulation is more subtle , involving some sort of psychological threat or engendering fear in someone to get them to do what you want them to do .
Such psychological manipulation instills fear , guilt , or anxiety into some aspect of the business transaction . Deception and coercion are prime examples of unethical behavior when it comes to consumer rights and expectations . Promotion of materialism and the creation of artificial wants are key strategies used when developing some marketing communications , perpetuating dissatisfaction whilst reinforcing stereotypes .
Marketers circumnavigate this hurdle by use of advertising puffery ; advertising or promotional material that makes broadly exaggerated or boastful statements about a product or service that are subjective ( or a matter of opinion ), rather than objective ( something measurable ), and that which no reasonable person would presume to be true . A popular example that comes to mind is the Red Bull ' s campaign that ran a while back . Christened " Red Bull gives you wings ", it caused a huge controversy that led to lawsuits , but it later turned out to be a storm in a tea cup .
Ethical pitfalls in advertising include issues of truth and honesty , matters of violence , sex and profanity . The delivery channel of adverts is also a key factor to be considered . A reoccurring case that most of us may have experienced is receiving unsolicited marketing messages .
Pricing
Pricing issues are central to the notion of a fair exchange between the two parties , and the right to a fair price determines whether customers get value for money spent . Several ethical issues crop up on how marketers price their products . Some of them are price fixing , price skimming , price discrimination , predatory pricing , supra-competitive pricing , price wars , and dumping .
Marketing Strategy
We achieve our biggest win when formulating marketing strategies by segmenting our market . Our major local dailies have perfected the art of segmentation . Unlike the olden days when it was one size fits all , nowadays , the tactic has been to evoke different emotions and cement stereotypes . You will often find different headlines meant for different geographic areas that are antagonizing . The other issue is selective marketing where a part of the population considered as unprofitable are excluded from distribution and access of certain commodities , leaving them disfranchised .
Data Privacy
Do you ever read the unusually long terms and conditions ? Most services and customer touch-points set by marketers and IT guys are normally in fine print and painstakingly long . You ’ ll probably skip to save time . Very few people , if any at all , read the pre-set terms and conditions . There are numerous pitfalls here and considering our relatively high adoption of digital services .
Does paying goods via mobile money equate to permitting them to contact you on their push notifications ? In most push notifications , there must be an optin option where the customer knowingly agrees to receive promotional messages . The recently enacted Data Privacy Act has a long way to go in addressing some pertinent issues when it comes to customer data . The sale or acquisition of customers by third parties is rampant . Most customers find spam emails to be unwarranted . This might result in customers forming a negative perspective about a product or a service .
The other culprit in violation of privacy issues is market research , from how the information is obtained to how it is used . The level of deception used when it comes to data collection can cast a shadow of doubt on the research findings .
Protecting Consumers
Consumers in Kenya are legally protected by an act of parliament , the Consumer Protection Act No . 46 of 2012 , which provides for consumer rights concerning unfair practices , obligations representing specific consumer agreements , sectors where an advance fee is prohibited , repairs to motor vehicles and other goods , credit arrangements , leasing procedures to consumer remedies and consumer protection committee .
Implementation of the act is undertaken by several government agencies in different forms and substance . But leading the charge on consumer guardianship is the Competition Authority of Kenya . It has a dedicated unit , the Consumer Protection Department , whose core function is to investigate complaints relating to false or misleading representations , unconscionable conduct as well as supply of unsafe , defective , and unsuitable goods .
Supplementing the efforts by the government are consumer advocacy groups like Consumer Unit Trust Society ( CUTS ), Consumer Federation of Kenya ( COFEK ), and Consumer International Network ( CIN ) among many others . While the law and advocacy groups fight for consumer protection , they can only do so much within the given resources .
Do you , as a consumer , know your rights ? It is , therefore , prudent for consumers to take individual responsibility . Get acquainted with the law and raise complaints whenever your rights are infringed . Even so , ultimately , the responsibility falls squarely on organizations to be ethical in their conduct and be law-abiding .
Ethical pitfalls are dotted throughout the marketing landscape , but let ' s create a conducive environment for customers to thrive . As a parting shot , if your customers are given an opportunity to name and shame , will your organization be spared ?
Geoffrey Sirumba is a Brand and Marketing Practitioner , currently working as the Head of Marketing at Metropol Corporation Limited . You can reach him via email at : Geoffsirumba @ gmail . com or @ geoffsirumba on Twitter .