Contemporary consumer law : the role and effectiveness of regulation in consumer protection

This issue of the Griffith Law Review focuses on consumer law, and the pervasive nature of this area of law. We are all consumers, but do not necessarily identify as such, nor are we a homogeneous group. The boundaries of

"Her lively Looks a sprightly Mind disclose, Quick as her Eyes, and as unfix'd as those." - looking, fashion media, and risk culture

This chapter investigates the phenomenon of fashion from the perspective of ‘the look.’ This is achieved by the wearer (as opposed to the designer) and also forms the basis of fashion media, where it represents the ‘decisive moment’ of photography. The chapter argues that the evolving ‘look’ of fashion can be analysed to identify tensions between novelty and emulation, the unique and the universal, in contemporary consumer culture and status-based social-network markets. It explores the work of fashion photographer Corinne Day and artist Olga Tobreluts to identify the theme of ‘risk culture.’

Trashtopia by Maison Briz Vegas

Description of the Work Trashtopia was a fashion exhibition at Craft Queensland’s Artisan gallery showcasing outfits made entirely from rubbish materials. The exhibition was part of an on-going series by the Queensland Fashion Archives, called Remember or Revive. Maison Briz Vegas designers, Carla Binotto and Carla van Lunn created a dystopian beach holiday tableau referencing mid-century Californian and Gold Coast beach culture and style, and today’s plastic pollution of the world’s oceans. The display engaged a popular audience with ideas about environmental destruction and climate change while bringing twentieth and twenty-first century consumer and leisure culture into question. The medium of fashion was used as a means of amusement and provocation. The fashion objects and installation questioned current mores about the material value of rubbish and the installation was also a work of environmental activism. Statement of the Research Component The work was framed by critical reflections of contemporary consumer culture and research fields questioning value in waste materials and fashion objects. The work is situated in the context of conceptual and experimental fashion design practice and fashion presentation. The exhibited work transgressed the conventional production methods and material choice of designer fashion garments, for example, discarded plastic shopping bags were painstakingly shredded to mimic ostrich feathers. The viewer was prompted to reflect on the materiality of rubbish and its potential for transformation. The exhibition also sits in the context of culture jamming and contemporary activist practice. The work references and subverts twentieth century beach holiday culture, contrasting resort wear with a contemporary picture of plastic pollution of the oceans and climate change. Hawaiian style prints contained a playful and dark narrative of dying marine-life and the viewer was invited to take a “Greetings from Trashtopia” postcard depicting fashion models floating in oceans of plastic rubbish. This reflective creative practice sought to address the question of whether fashion made from recycled rubbish materials can critically and emotionally engage viewers with questions about contemporary consumer culture and material value. This work presents an innovative model of fashion design practice in which rubbish materials are transformed into designer garments and rubbish is placed centre stage in the public presentation of the designs. In overturning the traditional model of fashion presentation, the viewer is also given a deeper connection to the recycling process and complex ideas of waste and value. In 2015 two outfits from the exhibition were selected, along with works from three leading Australian fashion labels, and four leading New Zealand labels, for a commemorative ANZAC fashion collection shown at iD Dunedin Fashion Week. The show titled, “Together Alone, revisited” reprised an Australian and New Zealand fashion exhibition first held at the National Gallery of Victoria in 2009.

Conspicuous redemption? Reflections on the promises and perils of the 'celebritization' of climate change

With rising public awareness of climate change, celebrities have become an increasingly important community of non nation-state ‘actors’ influencing discourse and action, thereby comprising an emergent climate science–policy–celebrity complex. Some feel that these amplified and prominent voices contribute to greater public understanding of climate change science, as well as potentially catalyze climate policy cooperation. However, critics posit that increased involvement from the entertainment industry has not served to influence substantive long-term advancements in these arenas; rather, it has instead reduced the politics of climate change to the domain of fashion and fad, devoid of political and public saliency. Through tracking media coverage in Australia, Canada, the United States, and United Kingdom, we map out the terrain of a ‘Politicized Celebrity System’ in attempts to cut through dualistic characterizations of celebrity involvement in politics. We develop a classification system of the various types of climate change celebrity activities, and situate movements in contemporary consumer- and spectacle-driven carbon-based society. Through these analyses, we place dynamic and contested interactions in a spatially and temporally-sensitive ‘Cultural Circuits of Climate Change Celebrities’ model. In so doing, first we explore how these newly ‘authorized’ speakers and ‘experts’ might open up spaces in the public sphere and the science/policy nexus through ‘celebritization’ effects. Second, we examine how the celebrity as the ‘heroic individual’ seeking ‘conspicuous redemption’ may focus climate change actions through individualist frames. Overall, this paper explores potential promises, pitfalls and contradictions of this increasingly entrenched set of ‘agents’ in the cultural politics of climate change. Thus, as a form of climate change action, we consider whether it is more effective to ‘plant’ celebrities instead of trees.

A revolução do consumidor

This study aims at disclosing the roots of contemporary consumer culture. By emphasizing the relationship between consumption and cultural and political dimensions of social life, this analysis focuses on some processes that took place in Europe since the end of Middle Ages throughout the XVIII century - e.g. the rise of absolutism, the development of royal courts and of a new life-style among them (they are the social group in which the first modern consumption features came to light), the upcoming of present (and no longer past) as the main reference frame for action, a new balance between tradition and novelty, the emergence of individualism - which are crucial to understand the genesis of present consumer standards and values.

Os sentidos da cirurgia estética: utilidade, futilidade, agência e/ou incorporação

This article aims to reflect on the growth of the practice of plastic surgery for cosmetic purposes and its relationship with the contemporary consumer culture. In other words, we discuss how this practice expresses the values and principles for consumer culture and configures itself differently in different contextsin, as the cities of Sao Paulo and London, where he held field work involving the collection of information in press materials, data files, interviews and observation in clinical aes‐ thetic.

O BOCA A BOCA ON-LINE: AS IMPLICAÇÕES DA VOZ DO CONSUMIDOR NA COMUNICAÇÃO DE MERCADO

O consumidor contemporâneo, inserido em um novo ambiente de comunicação, potencializa suas expressões, capaz de avaliar uma marca ou produto e transmitir sua opinião pelas redes sociais, ou seja, o consumidor expressa suas opiniões e desejos dialogando com seus pares de forma espontânea nas redes sociais on-line. É neste ambiente de participação e interação (ciberespaço) que está nosso objeto de estudo, o boca a boca on-line – a voz do consumidor contemporâneo, também conhecido como uma manifestação informativa pessoal ou uma conversa, a opinion sharing. Proporcionado pelos consumidores nas redes sociais on-line, o boca a boca se fortalece em função das possibilidades de interação, característica da sociedade em rede. Nesse cenário, oobjetivo desta pesquisa é caracterizar o boca a boca on-line como um novo fluxo comunicacional entre consumidores, hoje potencializado pelas novas tecnologias da comunicação, capazes de alterar a percepção da marca e demonstrar o uso, pelas marcas, das redes sociais on-line ainda como um ambiente de comunicação unidirecional. Mediante três casos selecionados por conveniência (dois casos nacionais e um internacional), o corpus de análise de nossa pesquisa se limitou aos 5.084 comentários disponibilizados após publicação de matérias jornalísticas no Portal G1 e nas fanpages (Facebook), ambos relativos aos casos selecionados. Com a Análise de Conteúdo dos posts, identificamos e categorizamos a fala do consumidor contemporâneo, sendo assim possível comprovar que as organizações/marcas se valem da cultura do massivo, não dialogando com seus consumidores, pois utilizam as redes sociais on-line ainda de forma unidirecional, além de não darem a devida atenção ao atual fluxo onde se evidencia a opinião compartilhada dos consumidores da sociedade em rede.

MÍDIAS SOCIAIS ON-LINE: o consumidor fala, mas quem escuta?

Sob o prisma da comunicação mercadológica, esse trabalho se propõe investigar o novo perfil de consumidor que, conectado a uma ampla rede de pessoas, influencia e até comanda diversas mudanças na forma de produzir e vender bens e serviços. A comunicação passa a ser mais horizontal do que vertical, pois os consumidores manifestam-se nas mídias sociais on-line e interagem com seus pares, e muitas empresas demonstram dificuldades em perceber o início desse crescente poder de manifestação do consumidor. O propósito desta pesquisa é investigar até que ponto os consumidores estão conseguindo ser ouvidos pelas empresas por meio das mídias sociais on-line. A metodologia aplicada foi o Estudo de Casos Múltiplos de empresas do setor de telefonia celular. Construiu-se um instrumento de pesquisa e, por meio de análise de conteúdo dos comentários coletados durante três meses nas páginas da TIM e da CLARO no Facebook, os resultados apontam uma dificuldade muita grande das empresas do setor de telefonia em ouvir os consumidores.

Exploring value through integrated service solutions:the case of e-grocery shopping

Purpose – The purpose of this paper is to demonstrate the need for an improved understanding of consumer value for online grocery purchases and to propose the notion of “integrated service solution” packages as a strategy for growing and successfully sustaining the channel to guide both marketing strategy and policy. Design/methodology/approach – This paper integrates and synthesises research from retailing, consumer behaviour and service quality literatures in order to develop a conceptual framework for understanding the value of e-grocery shopping to aid practitioners to address the critical needs, expectations and concerns of consumers for the development of grocery shopping within the online environment. Findings – This paper offers an alternative approach to allow e-grocery to become a mainstream retail channel in its own right and not to compete with the in-store offerings. The research demonstrates the need for a progressive approach that follows contemporary consumer needs and habits at the household level. The conjecture is that shopping for fast-moving consumer goods follows a learning path that needs to be replicated in the online context. Moreover, it is suggested that consumer resistance to the adoption of the new channel should be addressed not only from a technological perspective but also from the social aspects of online shopping. Originality/value – The research provides a practical framework for both retailers and policy makers on how the “next generation” of online services can be developed using a “bottom up” consumer perspective. This paper also advocates a non-technological bias to e-grocery retailing strategy.

Changes in information processing in children and their implications for marketing strategy

This thesis examines children's consumer choice behaviour using an information processing perspective, with the fundamental goal of applying academic research to practical marketing and commercial problems. Proceeding a preface, which describes the academic and commercial terms of reference within which this interdisciplinary study is couched, the thesis comprises four discernible parts. Initially, the rationale inherent in adopting an information processing perspective is justified and the diverse array of topics which have bearing on children's consumer processing and behaviour are aggregated. The second part uses this perspective as a springboard to appraise the little explored role of memory, and especially memory structure, as a central cognitive component in children's consumer choice processing. The main research theme explores the ease with which 10 and 11 year olds retrieve contemporary consumer information from subjectively defined memory organisations. Adopting a sort-recall paradigm, hierarchical retrieval processing is stimulated and it is contended that when two items, known to be stored proximally in the memory organisation are not recalled adjacently, this discrepancy is indicative of retrieval processing ease. Results illustrate the marked influence of task conditions and orientation of memory structure on retrieval; these conclusions are accounted for in terms of input and integration failure. The third section develops the foregoing interpellations in the marketing context. A straightforward methodology for structuring marketing situations is postulated, a basis for segmenting children's markets using processing characteristics is adopted, and criteria for communicating brand support information to children are discussed. A taxonomy of market-induced processing conditions is developed. Finally, a case study with topical commercial significance is described. The development, launch and marketing of a new product in the confectionery market is outlined, the aetiology of its subsequent demise identified and expounded, and prescriptive guidelines are put forward to help avert future repetition of marketing misjudgements.

O BOCA A BOCA ON-LINE: AS IMPLICAÇÕES DA VOZ DO CONSUMIDOR NA COMUNICAÇÃO DE MERCADO

O consumidor contemporâneo, inserido em um novo ambiente de comunicação, potencializa suas expressões, capaz de avaliar uma marca ou produto e transmitir sua opinião pelas redes sociais, ou seja, o consumidor expressa suas opiniões e desejos dialogando com seus pares de forma espontânea nas redes sociais on-line. É neste ambiente de participação e interação (ciberespaço) que está nosso objeto de estudo, o boca a boca on-line – a voz do consumidor contemporâneo, também conhecido como uma manifestação informativa pessoal ou uma conversa, a opinion sharing. Proporcionado pelos consumidores nas redes sociais on-line, o boca a boca se fortalece em função das possibilidades de interação, característica da sociedade em rede. Nesse cenário, oobjetivo desta pesquisa é caracterizar o boca a boca on-line como um novo fluxo comunicacional entre consumidores, hoje potencializado pelas novas tecnologias da comunicação, capazes de alterar a percepção da marca e demonstrar o uso, pelas marcas, das redes sociais on-line ainda como um ambiente de comunicação unidirecional. Mediante três casos selecionados por conveniência (dois casos nacionais e um internacional), o corpus de análise de nossa pesquisa se limitou aos 5.084 comentários disponibilizados após publicação de matérias jornalísticas no Portal G1 e nas fanpages (Facebook), ambos relativos aos casos selecionados. Com a Análise de Conteúdo dos posts, identificamos e categorizamos a fala do consumidor contemporâneo, sendo assim possível comprovar que as organizações/marcas se valem da cultura do massivo, não dialogando com seus consumidores, pois utilizam as redes sociais on-line ainda de forma unidirecional, além de não darem a devida atenção ao atual fluxo onde se evidencia a opinião compartilhada dos consumidores da sociedade em rede.

Re-imagining the literary brand

This paper argues that the industrial contexts of re-imagining, or transforming, literary icons deploy the promotional strategies that are associated with what are usually seen as lesser, or purely commercial, genres. Promotional paratexts reveal transformations of content that position audiences to receive them as creative innovations, superior in many senses to their literary precursors due to the distinctive expertise of creative professionals. Analysing Spielberg's film, The Adventures of Tintin (2011), and Andrew Motion's fictional continuation of Stevenson's Treasure Island, it argues that literary fiction and cinematic texts associated with celebrated authors or auteurist producer-directors share branding discourses characteristic of contemporary consumer culture.

‘Beijing bling’: creative details and consumer choices in contemporary China : an interview with Hung Huang

This edited interview with Hung Huang, CEO of China Interactive Media Group (CIMG), was conducted by Lucy Montgomery in Beijing on 12 August 2005. It was done as part of the ARC Discovery research project, Internationalising Creative Industries: China, the WTO and the Knowledge Economy, led by John Hartley. That project is investigating the development of creative industries in China by focusing on a number of creative services including fashion magazines. Huang’s group publishes five fashion magazines in China, including i-Look, Youth International (Qingnian Yizu), which is the Chinese edition of Seventeen (originally founded by TV-Guide mogul Walter Annenberg), and the Beijing and Shanghai versions of London’s Time Out. It also produces TV programs under the same media brands. The company is based in the stylish Bauhaus-designed former factory 798-Space in the district of Dashanzi, Beijing (see www.798space.com). Huang went to school in Greenwich Village and graduated from Vassar College in New York. She is the daughter of Zhang Hanzhi, who was Mao Zedong’s personal English teacher, and stepdaughter of Qiao Guanhua, Foreign Minister of China during the 1970s at the time of the Nixon visit. Her book My Abnormal Life sold 200,000 copies in China.

Feminist epistemology meets the masculinity of marketing and consumer knowledge: a contemporary rendering of a decade-long debate

In this paper I outline possibilities for, and issues arising from, opposition towards the dominant ideologies and practices of marketing knowledge (Hirschman 1993) through an engagement with feminist epistemology (Longino 1991, Harding 1987). Feminist epistemology is a political branch of naturalised epistemology (Quine 1969) primarily concerned with critique of constructions of gender, gender norms and gendered interests within the production of knowledge (Anderson 1995) and with theorising, grounding and legitimating feminist knowledge making practices (Harding 1987). It is most often associated with the feminist critique of science, and with feminist science and technology studies (Haraway 1987, Wajman 1997). Feminist epistemology asks the question, ‘what is the nature of the feminist critical project as a way of knowing?’ (McLennan 1995:392). This paper outlines the basis of the feminist critique of knowledge generally, and as applied to marketing knowledge, offers description of the three main epistemological approaches to this question and suggestions for their application in practice. The paper progresses important work by consumer behaviour theorists (Bristor and Fischer 1993, Hirschman 1993) on the potentials of feminist ways of knowing for marketing and consumer behaviour by moving beyond the tripartite of feminist approaches outlined, and extending the discussion to take into account the development of situated knowledges theory (Haraway 1989, 1997), which has become so important in the decade since these papers were written. It joins ongoing conversations in consumer behaviour and marketing that share similar feminist concerns (Catterall et al 1997, 2000, 2005, Bettany and Woodruffe Burton 1999, 2005, and Hogg et al 1999, 2000) but in this contribution it takes a slightly tangential approach, seeing marketing knowledge in terms of its epistemic culture by using a model of masculinity in academic cultures from feminist theory (Wagner 1994) to help conceptualise it as such. The dominant masculine ideology of marketing knowledge both in execution (Penaloza 1994, Bristor and Fischer 1994, Fischer and Bristor 1993, Woodruffe 1996), and values (Hirschman 1993, Brown 2000, Desmond 1997) has been well documented over the past fifteen years. However, although the basis of this, how is it manifested and how a feminist informed marketing knowledge could be achieved, have been addressed somewhat in the literature (Bristor and Fischer 1993, Hogg, Bettany and Long 2000) an updated rendering is necessary which focuses specifically on epistemology and situates this discussion within a cultural framework. To do this I use the notions of cultural masculinity in academic disciplines developed by Wagner (1994) of ‘organisational egocentrism’, ‘fake collectivity’ and ‘de realisation’. With these, I raise important and specific issues around the notion of the masculinity of marketing knowledge, and then present an outline of feminist epistemologies to illustrate how different feminist approaches to knowledge would address these concerns.

The exploration of consumer power in online brand communities : a comparison case study in Australia and China

Aided by the development of information technology, the balance of power in the market place is rapidly shifting from marketers towards consumers and nowhere is this more obvious than in the online environment (Denegri-Knott, Zwick, & Schroeder, 2006; Moynagh & Worsley, 2002; Newcomer, 2000; Samli, 2001). From the inception and continuous development of the Internet, consumers are becoming more empowered. They can choose what they want to click on the Internet, they can shop and transact payments, watch and download video, chat with others, be it friends or even total strangers. Especially in online communities, like-minded consumers share and exchange information, ideas and opinions. One form of online community is the online brand community, which gathers specific brand lovers. As with any social unit, people form different roles in the community and exert different effects on each other. Their interaction online can greatly influence the brand and marketers. A comprehensive understanding of the operation of this special group form is essential to advancing marketing thought and practice (Kozinets, 1999). While online communities have strongly shifted the balance of power from marketers to consumers, the current marketing literature is sparse on power theory (Merlo, Whitwell, & Lukas, 2004). Some studies have been conducted from an economic point of view (Smith, 1987), however their application to marketing has been limited. Denegri-Knott (2006) explored power based on the struggle between consumers and marketers online and identified consumer power formats such as control over the relationship, information, aggregation and participation. Her study has built a foundation for future power studies in the online environment. This research project bridges the limited marketing literature on power theory with the growing recognition of online communities among marketing academics and practitioners. Specifically, this study extends and redefines consumer power by exploring the concept of power in online brand communities, in order to better understand power structure and distribution in this context. This research investigates the applicability of the factors of consumer power identified by Denegri-Knott (2006) to the online brand community. In addition, by acknowledging the model proposed by McAlexander, Schouten, & Koenig (2002), which emphasized that community study should focus on the role of consumers and identifying multiple relationships among the community, this research further explores how member role changes will affect power relationships as well as consumer likings of the brand. As a further extension to the literature, this study also considers cultural differences and their effect on community member roles and power structure. Based on the study of Hofstede (1980), Australia and China were chosen as two distinct samples to represent differences in two cultural dimensions, namely individualism verses collectivism and high power distance verses low power distance. This contribution to the research also helps answer the research gap identified by Muñiz Jr & O'Guinn (2001), who pointed out the lack of cross cultural studies within the online brand community context. This research adopts a case study methodology to investigate the issues identified above. Case study is an appropriate research strategy to answer “how” and “why” questions of a contemporary phenomenon in real-life context (Yin, 2003). The online brand communities of “Haloforum.net” in Australia and “NGA.cn” in China were selected as two cases. In-depth interviews were used as the primary data collection method. As a result of the geographical dispersion and the preference of a certain number of participants, online synchronic interviews via MSN messenger were utilized along with the face-to-face interviews. As a supplementary approach, online observation was carried over two months, covering a two week period prior to the interviews and a six week period following the interviews. Triangulation techniques were used to strengthen the credibility and validity of the research findings (Yin, 2003). The findings of this research study suggest a new definition of power in an online brand community. This research also redefines the consumer power types and broadens the brand community model developed by McAlexander et al. (2002) in an online context by extending the various relationships between brand and members. This presents a more complete picture of how the perceived power relationships are structured in the online brand community. A new member role is discovered in the Australian online brand community in addition to the four member roles identified by Kozinets (1999), in contrast however, all four roles do not exist in the Chinese online brand community. The research proposes a model which links the defined power types and identified member roles. Furthermore, given the results of the cross-cultural comparison between Australia and China showed certain discrepancies, the research suggests that power studies in the online brand community should be country-specific. This research contributes to the body of knowledge on online consumer power, by applying it to the context of an online brand community, as well as considering factors such as cross cultural difference. Importantly, it provides insights for marketing practitioners on how to best leverage consumer power to serve brand objective in online brand communities. This, in turn, should lead to more cost effective and successful communication strategies. Finally, the study proposes future research directions. The research should be extended to communities of different sizes, to different extents of marketer control over the community, to the connection between online and offline activities within the brand community, and (given the cross-cultural findings) to different countries. In addition, a greater amount of research in this area is recommended to determine the generalizability of this study.