To describe the constraints and limitations under which marketers operate.
In this assignment I will discuss legal and voluntary limitations and constraints for marketers.
The legal limitations and constraints on marketers
There are many legal limitations and constraints on marketers, these are: The sale of goods act 1979, The consumer protection – distant selling – regulation, The data protection act 1998, The consumer credit act 1974 + 2006 and The consumer protection from unfair trading regulation 2008.
The Sale of goods Act 1979 - The sale of goods act is an act enforced by the United Kingdom’s parliament. The act regulates the English and commercial law in respect of goods that ...view middle of the document...
(selling by means which consumers cannot touch the product or see the product physically), it is a legal requirement for them to state the description of the good or service, the price of the good or service, delivery and cancellation rights and the provision of personal information (such as contact details) about the seller, these details would normally be found in terms and conditions, however, if the consumer is talking to the seller by phone, the consumer has the right to request additional information verbally.
For example, if a consumer were to go on Amazon to buy a product and noticed the product they wanted didn’t have the sellers contact details anywhere on the page then consumer could complain, which would result in disciplinary and reprimand from Amazon to the seller.
The Data Protection Act 1998 - This act was put in place for the safety and protection of the consumers, this act means that marketers can only communicate with consumers if the personal data collected about the consumer was obtained legally, if the use of the information acquired is used only for the reason it was originally obtained for. The information held by marketers and companies should not be held longer than necessary and information should not be changed by anyone other than the individual. Should a consumer wish to see the personal information being held by the company, it is a legal requirement for the company to provide this. The marketer and company are held responsible if unauthorised personnel use consumer information for personal reasons.
For example, if a pizza delivery service were to contact a consumer for any other reason than for the purpose of the business, they could be sued for the misuse of consumer data under the data protection act.
The Consumer Credits Acts 1974 and 2006 - This act was created as a framework for the supply of consumer credit and the hiring and buying of goods. It is imperative consumer credit businesses, consumer hire businesses and ancillary credit businesses to follow this regulation. This regulation protects both the consumer and the marketer. It ensures the marketer gets their money and ensures that the consumer is able to buy goods safely. This act was altered in 2006, here are the key features of the 2006 consumer credit legislation:
* “The regulation of consumer credit agreements and consumer hire agreements;
* The provision of information to debtors and hirers after the agreement is made;
* Unfair relationships between debtors and creditors;
* The licensing of consumer credit and hire businesses and ancillary credit businesses;
* The powers of OFT in relation to the licensing of consumer credit and hire businesses and ancillary credit businesses;
* Appeals from decisions of OFT in relation to the licensing of consumer credit and hire businesses and ancillary credit businesses; and
* The extension of the jurisdiction of the Financial Ombudsman Service established under the Financial...