Halachos of Marketing: Difference between revisions

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==Telemarketing==


==General Marketing Considerations==
#A telemarketer who as a desperate gesture insults the consumer is in violation of onat devarim.<ref>Tradition 38:3 2004 article by Rabbi Aaron Levine p. 11-12</ref>
 
#Calling at an inconvenient time such as dinner time (all the more so in the middle of the night) such that the consumer will interrupt his dinner to pick up the phone is a violation of onat devarim. Furthermore, the telemarketer who tries to convince consumers who aren't interested to buy the product are in violation of lo tachmod and lo titaveh of the consumer's money.<ref>Tradition 38:3 2004 article by Rabbi Aaron Levine p. 11-12</ref>
#The marketing profession poses the difficulties of ensuring one does not lie about a product or deceive a potential customer.<ref>Chullin 94a, The gemara discusses the concept of gneivat daat where the owner withholds critical information from the potential buyer. The gemara quotes many different cases regarding cases of gneivat daat.</ref>
#Negotiating for a discount isn't lo tachmod or lo titaveh since the seller is willing to sell it at the right price and setting a price isn't a final decision rejecting the offer. However, if the seller says he is convinced of the price and isn't willing to lower it, negotiating or convincing that resort to empathy or emotion or the like are a violation of lo tachmod.<ref>Tradition 38:3 2004 article by Rabbi Aaron Levine p. 9-10</ref>
#Soliciting for a charitable cause even using persuasive tactics isn't a violation of lo tachmod or lo titaveh since you are helping them fulfill a mitzvah. However, persisting and pestering a potential donor are onat devarim.<ref>Tradition 38:3 2004 article by Rabbi Aaron Levine p. 13</ref>


==False Advertising==
==False Advertising==
{{False Advertising}}


==Overcharging in Comparison to the Market==
#


#When dealing with overcharging in the marketplace, the main concern is the prohibition of Ona'ah (overcharging). To see more of what constitutes Ona'ah, see the page dedicated to it here: [[Overcharging|Onaah]].
===Superlatives===


==A Buyer's Responsibility==
# One is not allowed to use superlatives to present a product if the superlative will likely deceive a reasonable person.<ref>Economic Public Policy and Jewish Law by Rabbi Aaron Levine 1993 p. 76-77</ref>
# It is one's responsibility to gather relevant information on products one intends to buy.<ref>Economic Public Policy and Jewish Law by Rabbi Aaron Levine 1993 p. 77</ref>


#It is a buyer's responsibility to gather relevant information on products he intends to buy.<ref>Economic Public Policy and Jewish Law by Rabbi Aaron Levine 1993 p. 77</ref><ref>Igros Moshe, Yoreh Deah vol. I, 30-31, Rav Moshe Feinstein was asked a question if it is permitted to soak livers in water in order to make them look more appealing to potential customers. Rav Moshe responded that there is no concern that the customer is being overcharged for extra weight that the liver absorbs because the person is able to see what he is getting. Rav Moshe also responded that this does not constitute gneivat daat for multiple reasons. Submerging the liver in water is not necessarily going to make the liver look freshly slaughtered. Additionally, Rav Moshe stresses that a customer has the responsibility to inquire about the objects origin and current condition. (Ideas from Rabbi Ari Wasserman)</ref>
===Generalizations===
===Misleading Terminology===


== Refurbishing a Used Product ==
==Presenting the Good without Mentioning the Bad==
 
==Overcharging in Comparison to the Market==
# It is forbidden to clean up, paint, and refurbish a used product, such as a used car, in order to sell it for more money. The reason is that the paint increases the price more than it adds to actual value.<ref>Shulchan Aruch C.M. 227:9, Sma 227:15</ref>
==Unethical Competitive Practices==
 
===Undercutting the Competition===
==Telemarketing==
===Monopolies===
 
==Overcharging for a Staple Item==
#A telemarketer who, as a desperate gesture, insults the consumer is in violation of onat devarim.<ref>Tradition 38:3 2004 article by Rabbi Aaron Levine p. 11-12</ref>
#Calling at an inconvenient time, such as dinner time (all the more so in the middle of the night), such that the consumer will interrupt his dinner to pick up the phone is a violation of onat devarim. Furthermore, the telemarketer who tries to convince consumers who aren't interested to buy the product are in violation of lo tachmod and lo titaveh of the consumer's money.<ref>Tradition 38:3 2004 article by Rabbi Aaron Levine p. 11-12</ref>
#Negotiating for a discount isn't lo tachmod or lo titaveh since the seller is willing to sell it at the right price and setting a price isn't a final decision rejecting the offer. However, if the seller says he is convinced of the price and isn't willing to lower it, negotiating or convincing that resort to empathy or emotion or the like are a violation of lo tachmod.<ref>Tradition 38:3 2004 article by Rabbi Aaron Levine p. 9-10</ref>
#Soliciting for a charitable cause even using persuasive tactics isn't a violation of lo tachmod or lo titaveh since you are helping them fulfill a mitzvah. However, persisting and pestering a potential donor are onat devarim.<ref>Tradition 38:3 2004 article by Rabbi Aaron Levine p. 13</ref>


== Halachos of Bakeries and Groceries ==
#Since in bakeries the usual practice is to use tear weight it is dishonest to use net weight and charge customers for the weight of the packaging unless there is a sign clearly indicating this.<ref>Mishpatecha L’yakov 8:29</ref>
==Honest Weights and Scales==
#If one sells items by weight the scales must be exact.<ref>Shulchan Arukh Choshen Mishpat 231:1.</ref>
#One may not hoard products, or engage in any act of price manipulation.<ref>Shulchan Arukh Choshen Mishpat 231:25.</ref>
==Sources==
==Sources==
<references />{{Business Table}}
<references />
[[Category: Business Halacha]]
[[Category: Business Halacha]]

Revision as of 01:31, 2 July 2019

Telemarketing

  1. A telemarketer who as a desperate gesture insults the consumer is in violation of onat devarim.[1]
  2. Calling at an inconvenient time such as dinner time (all the more so in the middle of the night) such that the consumer will interrupt his dinner to pick up the phone is a violation of onat devarim. Furthermore, the telemarketer who tries to convince consumers who aren't interested to buy the product are in violation of lo tachmod and lo titaveh of the consumer's money.[2]
  3. Negotiating for a discount isn't lo tachmod or lo titaveh since the seller is willing to sell it at the right price and setting a price isn't a final decision rejecting the offer. However, if the seller says he is convinced of the price and isn't willing to lower it, negotiating or convincing that resort to empathy or emotion or the like are a violation of lo tachmod.[3]
  4. Soliciting for a charitable cause even using persuasive tactics isn't a violation of lo tachmod or lo titaveh since you are helping them fulfill a mitzvah. However, persisting and pestering a potential donor are onat devarim.[4]

False Advertising

Superlatives

  1. One is not allowed to use superlatives to present a product if the superlative will likely deceive a reasonable person.[5]
  2. It is one's responsibility to gather relevant information on products one intends to buy.[6]

Generalizations

Misleading Terminology

Presenting the Good without Mentioning the Bad

Overcharging in Comparison to the Market

Unethical Competitive Practices

Undercutting the Competition

Monopolies

Overcharging for a Staple Item

Sources

  1. ↑ Tradition 38:3 2004 article by Rabbi Aaron Levine p. 11-12
  2. ↑ Tradition 38:3 2004 article by Rabbi Aaron Levine p. 11-12
  3. ↑ Tradition 38:3 2004 article by Rabbi Aaron Levine p. 9-10
  4. ↑ Tradition 38:3 2004 article by Rabbi Aaron Levine p. 13
  5. ↑ Economic Public Policy and Jewish Law by Rabbi Aaron Levine 1993 p. 76-77
  6. ↑ Economic Public Policy and Jewish Law by Rabbi Aaron Levine 1993 p. 77
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