Ethical and Legal Issues Definition
Governing the standards for the professional members to conduct accordingly termed ethics, whereas legal issues occur contrary to governed rules from the persons who belong to a community of a profession.
Overview of Ethical and Legal Issues
From the start of commercial trading, the existence of marketing occurred since that period. Even with time, it is becoming a grey area for businesses. It includes questions aroused for the blurred line between a collection of data and the invasion of privacy; not only this but also the grey area between attracting consumers and misleading advertisement. As per such facts, a business must carefully acknowledge the lines between legal and illegal business acts to stay on the right side. As the first ethical issue, companies should consider the right to be informed in the marketing approach. This right refers to the consumers, as this is their right to get detailed yet accurate information without getting mislead.
On the contrary, if a company is found in providing misleading information to the consumers, they can be charged with ethical and legal issues. As the ethical concepts describe, consumers should have to be capable of making a selection decision. It contains ethical and legal issues that companies need to consider while developing marketing and advertising strategies. On the other hand, companies should consider consumer’s right to privacy to perform under legal marketing efforts. This is a broad concept, but marketers are the only responsible person for referring to a consumer’s right in most businesses. Marketers require consumer information to share their marketing material with the consumers through e-mail or phone calls. To acquire more consumer databases, sometimes, companies buy such information from a third party. This action reflects that the companies acquire such consumer data that did not even request their product information. Therefore, consumers not looking for unrequested marketing may consider such acts as unethical and illegal acts.
The first and foremost stage of marketing consists of data collection. Large-scale data make businesses adopt the optimal marketing techniques based on the reliability of their consumer base. Primarily, companies such as Google and Facebook tend to rely on generating returns by keeping track records of user’s web history. However, lawmakers are yet to decide on it for a tougher privacy law on the legal position. For example, as per a recent survey, 70% of 11000 people mentioned that if search engines provide them with an option to do not track, they would gladly use it. Over privacy issues from utmost data collection, Facebook has also received backlash. Therefore, businesses have to consider privacy concerns from customers’ perspectives while collecting data for business needs.
Distribution of Data
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Data distribution held via various delivery channels such as unethical digital means, door-to-door direct sales, and unsolicited e-mails count as some of the most controversial marketing areas. Some law specifies time frames in different countries, which consist of telemarketing and door-to-door sales as general marketing activities. For example, a salesperson can only approach consumers on fixed timelines on weekdays between 9 am – 6 pm, 9 am – 5 pm on weekends that contain Saturdays only. For the rest of the timing, marketers must follow “do not knock” and “do not call” terms. Although with the existence of these consumer protection terms, legal and ethical issues arouse by the consumers. This happened because of the unaware majority of consumers. They were not even bothered to report minor offenses; as a result, marketers have to face ethical and legal issues.
Misleading Claims
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In advertising, a misleading claim may involve numerous claims related to specific goods or services. Such claims may be based on product quality, availability, or any product-related exclusion. For example, marketing techniques involve pictures of a brand’s offerings or a company with a catchy message that contradicts the actual offerings. Thus, the advertisements’ overall message reflects as misleading and illegal claims of the company. However, problems only arise for ad brands when it is extremely difficult for them to claim their misleading advertisement. If a consumer claims before and after the price of an item advertised on 50% off, they have to have evidence of prices to make a claim.
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