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What is Average Consumer

Chapter 4
Handbook of Research on Managing and Influencing Consumer Behavior
According to the Directive 2005/29/EC a commercial practice is unfair if it foreseen in its “black list” or if it is generally aggressive or misleading or if it fails to meet the standard of “professional diligence”, given that it materially impairs an average consumer's ability to make an informed decision. According to the ECJ’s case-law, in most cases the average consumer will be considered as reasonably well-informed, reasonably observant and circumspect. But where a commercial practice is specifically targeted at a particular consumer group, as average consumer will be regarded the average member of that group.
Published in Chapter:
Customer-Centric Marketing in the European Union from a Legal Perspective
Eleni Tzoulia (Attorney at Law LL.M. Heidelberg, Germany)
Copyright: © 2015 |Pages: 20
DOI: 10.4018/978-1-4666-6547-7.ch004
Abstract
Consumer-Centric Marketing is one of the latest methods employed by traders to influence and shape consumer behaviour in order to secure and increase demand for their products. This chapter analyses two forms of Consumer-Centric Marketing, the so-called Cause-Related Marketing and Relationship Marketing. It examines their logic and methods of application, before asking which legal issues might arise from the use of such practices. Then, European legislation on the protection of personal data and the current developments in Unfair Competition law in Europe are discussed, as well as the tactics that should be avoided by companies when implementing the above marketing methods to prevent a possible ban on their advertising.
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