Two-price advertising

Last updated

Two-price advertising is the sales and marketing practice of showing customers two prices, a supposed normal price and a lower price, which is claimed to be a special offer or discount, but in fact, the stated normal price is a fiction.

Contents

The idea of two-price advertising is to present an apparent saving, usually very substantial, as a way to attract customers. The term two-price advertising refers only to those cases where the "normal" price claimed is designed to deceive.

Regulatory treatment of the practice varies around the world. A clear deception, it is likely to come under false advertising or fair trading laws. The practice normally takes place only in retail marketing. Certain industries tend to be more prone to it than others.

Australia

In Australia, two-price advertising comes under the Competition and Consumer Act 2010 as misleading conduct. The Australian Competition & Consumer Commission (ACCC) is responsible for enforcing that act and cooperates with the various state-government departments of fair trading or consumer protection which also investigate such matters. For example, ahead of Mother's Day, in 2006, the ACCC and state authorities issued joint warnings about jewelry prices shown in catalogues. [1] Jewelry and carpet rugs seem to be industries frequently associated with two-price advertising.

In 2002, the now-defunct retail chain Allans Music was prosecuted by the ACCC over a catalogue that it issued in 2000, showing musical instruments at prices heavily discounted from stated normal prices. [2] They pleaded guilty to 9 of the 18 counts and were fined $80,000. The court was satisfied the "was" prices shown were not prices that had been offered prior to the sale.

One point the case illustrated was that a disclaimer in a catalogue may not be a defence. [3] Allans had fine print saying the savings were off recommended retail prices (RRPs) but that was only suppliers' recommendations. Allans chose not to rely on it as a defence or as mitigation on legal advice. Justice Tamberlin described that fine print as "obscure and totally inadequate". In fact, the disclaimer worked against the company, as it indicated to the judge that Allans knew that their claims needed an explanation, and so were not an accident.

Related Research Articles

<span class="mw-page-title-main">Price fixing</span> Agreement over prices between participants on the same side in a market

Price fixing is an anticompetitive agreement between participants on the same side in a market to buy or sell a product, service, or commodity only at a fixed price, or maintain the market conditions such that the price is maintained at a given level by controlling supply and demand.

Sales promotion is one of the elements of the promotional mix. The primary elements in the promotional mix are advertising, personal selling, direct marketing and publicity/public relations. Sales promotion uses both media and non-media marketing communications for a pre-determined, limited time to increase consumer demand, stimulate market demand or improve product availability. Examples include contests, coupons, freebies, loss leaders, point of purchase displays, premiums, prizes, product samples, and rebates.

<span class="mw-page-title-main">Pricing</span> Process of determining what a company will receive in exchange for its products

Pricing is the process whereby a business sets the price at which it will sell its products and services, and may be part of the business's marketing plan. In setting prices, the business will take into account the price at which it could acquire the goods, the manufacturing cost, the marketplace, competition, market condition, brand, and quality of product.

<span class="mw-page-title-main">List price</span> Price that the manufacturer recommends for a retailer to charge

The list price, also known as the manufacturer's suggested retail price (MSRP), or the recommended retail price (RRP), or the suggested retail price (SRP) of a product is the price at which its manufacturer notionally recommends that a retailer sell the product.

Anti-competitive practices are business or government practices that prevent or reduce competition in a market. Antitrust laws ensure businesses do not engage in competitive practices that harm other, usually smaller, businesses or consumers. These laws are formed to promote healthy competition within a free market by limiting the abuse of monopoly power. Competition allows companies to compete in order for products and services to improve; promote innovation; and provide more choices for consumers. In order to obtain greater profits, some large enterprises take advantage of market power to hinder survival of new entrants. Anti-competitive behavior can undermine the efficiency and fairness of the market, leaving consumers with little choice to obtain a reasonable quality of service.

Bait-and-switch is a form of fraud used in retail sales but also employed in other contexts. First, customers are "baited" by merchants' advertising products or services at a low price, but when customers visit the store, they discover that the advertised goods are not available, or the customers are pressured by salespeople to consider similar, but higher-priced items ("switching").

The Australian Competition and Consumer Commission (ACCC) is the chief competition regulator of the Government of Australia, located within the Department of the Treasury. It was established in 1995 with the amalgamation of the Australian Trade Practices Commission and the Prices Surveillance Authority to administer the Trade Practices Act 1974, which was renamed the Competition and Consumer Act 2010 on 1 January 2011. The ACCC's mandate is to protect consumer rights and business rights and obligations, to perform industry regulation and price monitoring, and to prevent illegal anti-competitive behaviour.

<span class="mw-page-title-main">Coupon</span> Document, paper or electronic, to provide a discount on goods or services

In marketing, a coupon is a ticket or document that can be redeemed for a financial discount or rebate when purchasing a product.

<span class="mw-page-title-main">False advertising</span> Misleading content in advertisements

False advertising is defined as the act of publishing, transmitting, or otherwise publicly circulating an advertisement containing a false claim, or statement, made intentionally to promote the sale of property, goods, or services. A false advertisement can be classified as deceptive if the advertiser deliberately misleads the consumer, rather than making an unintentional mistake. A number of governments use regulations to limit false advertising.

<i>Competition and Consumer Act 2010</i> Act of the Parliament of Australia

The Competition and Consumer Act 2010 (CCA) is an Act of the Parliament of Australia. Prior to 1 January 2011, it was known as the Trade Practices Act 1974 (TPA). The Act is the legislative vehicle for competition law in Australia, and seeks to promote competition, fair trading as well as providing protection for consumers. It is administered by the Australian Competition & Consumer Commission (ACCC) and also gives some rights for private action. Schedule 2 of the CCA sets out the Australian Consumer Law (ACL). The Federal Court of Australia has the jurisdiction to determine private and public complaints made in regard to contraventions of the Act.

<span class="mw-page-title-main">Uncle Tobys</span> Australian food manufacturing company

Uncle Tobys is an Australian food manufacturing company which specialises in breakfast oat products. Since its foundation in 1861, the company has expanded its product range across the cereal and ready-to-eat snack market. Uncle Tobys is currently operated as a wholly owned subsidiary of Nestlé, after being acquired in 2006. Uncle Tobys’ main factory is situated in the town of Wahgunyah, Victoria.

In marketing, a rebate is a form of buying discount and is an amount paid by way of reduction, return, or refund that is paid retrospectively. It is a type of sales promotion that marketers use primarily as incentives or supplements to product sales. Rebates are also used as a means of enticing price-sensitive consumers into purchasing a product. The mail-in rebate (MIR) is the most common. A MIR entitles the buyer to mail in a coupon, receipt, and barcode in order to receive a check for a particular amount, depending on the particular product, time, and often place of purchase. Rebates are offered by either the retailer or the product manufacturer. Large stores often work in conjunction with manufacturers, usually requiring two or sometimes three separate rebates for each item, and sometimes are valid only at a single store. Rebate forms and special receipts are sometimes printed by the cash register at time of purchase on a separate receipt or available online for download. In some cases, the rebate may be available immediately, in which case it is referred to as an instant rebate. Some rebate programs offer several payout options to consumers, including a paper check, a prepaid card that can be spent immediately without a trip to the bank, or even as a PayPal payout.

<span class="mw-page-title-main">MediaMarkt</span> German multinational store chain

MediaMarkt is a German multinational chain of stores selling consumer electronics with over 1000 stores in Europe. With the Saturn chain of stores it constitutes Media-Saturn Holding, owned by the retail company Ceconomy, which was demerged from Metro Group in 2017.

A catalog merchant is a form of retailing. The typical merchant sells a wide variety of household and personal products, with many emphasizing jewelry. Unlike a self-serve retail store, most of the items are not displayed; customers select the products from printed catalogs in the store and fill out an order form. The order is brought to the sales counter, where a clerk retrieves the items from the warehouse area to a payment and checkout station.

In re Amway Corp. is a 1979 ruling by the United States Federal Trade Commission concerning the business practices of Amway, a multi-level marketing (MLM) company. The FTC ruled that Amway was not an illegal pyramid scheme according strictly to the statutory definition of a pyramid scheme, but ordered Amway to cease price fixing and cease misrepresenting to its distributors (participants) the average participant's likelihood of financial security and material success.

Marketing ethics is an area of applied ethics which deals with the moral principles behind the operation and regulation of marketing. Some areas of marketing ethics overlap with media and public relations ethics.

<span class="mw-page-title-main">Fine print</span> Text in a small size

Fine print, small print, or mouseprint is less noticeable print smaller than the more obvious larger print it accompanies that advertises or otherwise describes or partially describes a commercial product or service. The larger print that is used in conjunction with fine print by the merchant often has the effect of deceiving the consumer into believing the offer is more advantageous than it really is. This may satisfy a legal technicality which requires full disclosure of all terms or conditions, but does not specify the manner of disclosure. There is strong evidence that suggests the fine print is not read by the majority of consumers.

This is a partial list of notable price fixing and bid rigging cases.

Kogan.com is an Australian portfolio of retail and services businesses including Kogan Retail, Kogan Marketplace, Kogan Mobile, Kogan Internet, Kogan Insurance, Kogan Travel, Kogan Money, Kogan Cars, Kogan Energy, Dick Smith, Matt Blatt and Mighty Ape. The company was founded in 2006 by Ruslan Kogan.

Trivago N.V., marketed with lowercase styling as trivago, is a German technology company specializing in internet-related services and products in the hotel, lodging and metasearch fields. The company is headquartered in Düsseldorf. The American online travel company Expedia Group owns a majority of the company's stock.

References

  1. Nation-wide monitoring of jewellery advertising, Australian Competition & Consumer Commission 10 May 2006
  2. ACCC v Allans Music Group Pty Ltd, Federal Court of Australia report, at AustLII
  3. Was: apparently a great marketing ploy. Now: unwanted attention from the ACCC, Freehills, 19 March 2003 Archived June 18, 2005, at the Wayback Machine

Further reading