Catching up with consumer realities: the need for legislation prohibiting unfair terms in consumer contracts

In the policy debate about the need for legislation to prohibit the use of unfair terms in consumer contracts, substantive unfairness is often distinguished from procedural unfairness. Current consumer protection laws appear to offer the potential for relief on substantive unfairness grounds alone. However, a review of cases involving credit contracts shows this potential is rarely realised. This reluctance to provide relief for substantive injustice reflects a preoccupation with freedom and certainty of contract, the notions underpinning classical contract theories. As a class, consumers are vulnerable in the marketplace, and they do need protection from substantively unfair terms. A new framework for regulating consumer contracts is needed, one that relies less on classical contract theories and takes the reality of consumer contracting and consumer behavior as its starting point. Unfair contract terms legislation will be a step on the path towards this new framework.

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

What value do users derive from social network applications?

Research on social networking sites like Facebook is emerging but sparse. This exploratory study investigates the value users derive from self-described ‘cool’ Facebook applications, and explores the features that either encourage or discourage users to recommend applications to their friends. The concepts of value and cool are explored in a social networking context. Our qualitative data reveals consumers derive a combination of functional value along with either social or emotional value from the applications. Female Facebook users indicate self-expression as important motivators, while males tend to use Facebook applications to socially compete. Three broad categories emerged for application features; symmetrical features can both encourage or discourage recommendation, polar features where different levels of the same feature encourage or discourage, and uni-directional features only encourage or discourage but not both. Recommending or not recommending an application tends to be the result of a combination of features and context, rather than one feature in isolation.

From Prosumer to Produser: Understanding User-Led Content Creation

Alvin Toffler’s image of the prosumer (1970, 1980, 1990) continues to influence in a significant way our understanding of the user-led, collaborative processes of content creation which are today labelled “social media” or “Web 2.0”. A closer look at Toffler’s own description of his prosumer model reveals, however, that it remains firmly grounded in the mass media age: the prosumer is clearly not the self-motivated creative originator and developer of new content which can today be observed in projects ranging from open source software through Wikipedia to Second Life, but simply a particularly well-informed, and therefore both particularly critical and particularly active, consumer. The highly specialised, high end consumers which exist in areas such as hi-fi or car culture are far more representative of the ideal prosumer than the participants in non-commercial (or as yet non-commercial) collaborative projects. And to expect Toffler’s 1970s model of the prosumer to describe these 21st-century phenomena was always an unrealistic expectation, of course. To describe the creative and collaborative participation which today characterises user-led projects such as Wikipedia, terms such as ‘production’ and ‘consumption’ are no longer particularly useful – even in laboured constructions such as ‘commons-based peer-production’ (Benkler 2006) or ‘p2p production’ (Bauwens 2005). In the user communities participating in such forms of content creation, roles as consumers and users have long begun to be inextricably interwoven with those as producer and creator: users are always already also able to be producers of the shared information collection, regardless of whether they are aware of that fact – they have taken on a new, hybrid role which may be best described as that of a produser (Bruns 2008). Projects which build on such produsage can be found in areas from open source software development through citizen journalism to Wikipedia, and beyond this also in multi-user online computer games, filesharing, and even in communities collaborating on the design of material goods. While addressing a range of different challenges, they nonetheless build on a small number of universal key principles. This paper documents these principles and indicates the possible implications of this transition from production and prosumption to produsage.

User behaviours and intentions with digital news media in Australia

This paper summarises findings from a survey of user behaviors and intentions towards digital media and information in Australia. It was undertaken in the first quarter of 2009 by the Queensland University of Technology Creative Industries Faculty and was funded by the Smart Services Cooperative Research Centre. The survey targeted users of 2 news and information sites that are available online only. Findings highlighted differences between the 18-24 year age segment and older users. Social networks (specifically friends and family) were rated as the least reliable, relevant and accurate sources of news. Other findings indicate online news sources that are associated with an established newspaper are highly valued as reliable, relevant and accurate news sources by most people. While most people prefer to use online news sources, there is a great deal of variation in the ways in which people actually use online news. From a total of 524 respondents to the survey it was possible to identify three main types of online news consumers: convenience, loyal and customising users.

Produsage and business : sharing your brand with users

Relations between brands and their users continue to be affected by a traditional perspective that sees the producers and consumers of goods and services as inherently different animals. In the emerging information and knowledge economy, and especially in online contexts, this model is no longer sustainable. Instead, spearheaded by the Web 2.0 phenomenon, there is a trend towards the fusing of production and usage as a new, hybrid process of produsage. This presentation presents the key characteristics driving produsage processes, and describes four guiding principles for businesses as they share their brand with users: * Be open. * Seed community processes by providing content and tools. * Support community dynamics and devolve responsibilities. * Don't exploit the community and its work.

Inward exporting of professional services : lessons from an exploratory study of Australian educational firms

Inward export activities for services companies have been largely neglected in the literature. Little is known about how professional service firms export to overseas consumers who travel to the domestic market of the firm. This study utilizes a resource-based perspective (RBV) to explore the main barriers and drivers of export performance for professional education services. A case study of Australia’s education industry, as well as interviews with executives from four Australian education institutions, was conducted. Findings show that inward exporters confront most barriers in the domestic market where the service is provided, and drivers of export performance combine firm- and country-specific resources.

A medical data reliability assessment model

There is currently a strong focus worldwide on the potential of large-scale Electronic Health Record (EHR) systems to cut costs and improve patient outcomes through increased efficiency. This is accomplished by aggregating medical data from isolated Electronic Medical Record databases maintained by different healthcare providers. Concerns about the privacy and reliability of Electronic Health Records are crucial to healthcare service consumers. Traditional security mechanisms are designed to satisfy confidentiality, integrity, and availability requirements, but they fail to provide a measurement tool for data reliability from a data entry perspective. In this paper, we introduce a Medical Data Reliability Assessment (MDRA) service model to assess the reliability of medical data by evaluating the trustworthiness of its sources, usually the healthcare provider which created the data and the medical practitioner who diagnosed the patient and authorised entry of this data into the patient’s medical record. The result is then expressed by manipulating health record metadata to alert medical practitioners relying on the information to possible reliability problems.

Conceptualising value creation for social change management

Australian and international governments are increasingly adopting social marketing as a social change management tool to deal with complex social problems. Government decision makers typically need to balance the use of business models and management theories whilst maintaining the integrity of government policy. In taking this approach, decision makers experience management tensions between a social mission to equitably deliver social services and the accountability and affordability of providing quality social and health services to citizens. This is a significant challenge as the nature of the ‘social product’ in government is often more service-oriented than goods-based. In this paper the authors examine value creation in government social marketing services. The contribution of this paper is a value creation process model, which considers the nature of governments to create social good. This is particularly important for governments where consumers still expect value and quality in the service delivered, despite that offering being ‘free’.

Buying a sponsor’s brand : the role of affective commitment to the sponsored team

Sponsorship is increasingly important in a firm’s communication mix. Research to date has focused on the impact of sponsorship on brand awareness and its subsequent consequences for image congruency and consumer attitudes towards sponsors’ brands. A lesser studied area is the effect of sponsorship on consumers’ purchase intentions and behaviours. We argue that existing models of sponsorship driven purchase behaviour fail to account for affective commitment, which mediates relationship between affiliation with the team and social identification with the team. We propose a modified framework describing the effect of sponsorship on purchase intentions in the context of low and high performing sports teams. The framework is tested using structural equations modelling; employing PLS estimation and data collected via online survey of AFL chat room participants. Results confirm the role of affective commitment in sport sponsorship purchase intentions and indicate that team success has a significant influence on fans’ purchase behaviours.

The role of product involvement in e-service evaluations

This paper provides conceptual and empirical insights into consumers’ evaluations of online services and their consequent behavioural intentions. We show that behavioural intentions in online contexts are driven primarily by two factors, namely online service satisfaction and perceived service quality. Perceived sacrifice and service quality are found to have an indirect effect on online service satisfaction through their influences on perceived value associated with the online service. In addition, we examine the moderating effects of product involvement and discuss the implications of our research findings.

Marketing to change public opinion on climate change : a case study

Corporate advertisers spend far greater budgets than any social marketing campaign and have great potential to change public opinion on the urgent need for action on climate change. However “green-washing” has become a widespread practice by companies that wish to appear to be socially responsible without a genuine commitment and consumers can be very cynical about green marketing campaigns. Can companies be climate change advocates and still satisfy shareholders? This paper offers a case study on an Australian insurance company that argues it can make money from doing the right thing.

Service quality in Hong Kong : wet markets vs super markets

Purpose – The purpose of this paper is to determine consumer perceptions of service quality in wet markets and supermarkets in Hong Kong. Design/methodology/approach – A questionnaire was developed and distributed via a convenience sample to consumers in shopping malls in Causeway Bay, Mong Kok and Tsuen Wan. Findings – The study finds that supermarkets outperformed wet markets across all aspects of service quality as measured by SERVQUAL-P. Research limitations/implications – Implications suggest that wet market vendors are not providing the level of service quality demanded by their customers. In particular, findings suggest that wet market vendors need to improve the visual attractiveness of their stalls, work on making them look more professional and start using more modern equipment. Practical implications – Wet market vendors in conjunction with government representatives need to develop standards of service quality for wet markets across Hong Kong. This is imperative if the wet market model is to survive in what is a highly competitive food retailing industry. Without action, it appears that the supermarketization of the Hong Kong food retailing industry will continue unabated. Originality/value – This paper adds to a small but growing research stream examining service quality in the food retailing industry in Hong Kong. It provides empirical results that guide suggested actions for change.

Temporal construal in advertising : the moderating role of temporal orientation and attribute importance in consumer evaluations

In two experiments, we study how the temporal orientation of consumers (i.e., future-oriented or present-oriented), temporal construal (distant future, near future), and product attribute importance (primary, secondary) influence advertisement evaluations. Data suggest that future-oriented consumers react most favorably to ads that feature a product to be released in the distant future and that highlight primary product attributes. In contrast, present-oriented consumers prefer near-future ads that highlight secondary product attributes. Study 2 shows that consumer attitudes are mediated by perceptions of attribute diagnosticity (i.e., the perceived usefulness of the attribute information). Together, these experiments shed light on how individual differences, such as temporal orientation, offer valuable insights into temporal construal effects in advertising.

Effects of susceptibility to normative influence and type of testimonial on attitudes toward print advertising

In two experiments, we show how a consumer’s susceptibility to normative influence (SNI) offers useful insights into the effectiveness of two types of testimonials: a typical person endorsement (Study 1) and a celebrity endorsement (Study 2). Specifically, we suggest that two variables moderate testimonial effects—SNI and product attribute information. Results show that in forming their evaluations, high-SNI consumers place a greater emphasis on the testimonial than on the attribute information. In contrast, low-SNI consumers are more influenced by attribute information. A mediation analysis shows that advertising attitudes for high-SNI consumers are mediated by testimonial thoughts, whereas the attitudes for low-SNI consumers are mediated by their attribute thoughts. Theoretical and managerial implications are presented.