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Halachos of Marketing: Difference between revisions

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#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>
#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>
#While there is no problem with accurately presenting the positive aspects of merchandise (assuming a reasonable person will not be deceived), sellers are obligated to disclose any defects, deficiencies, shortcomings, or imperfections in their merchandise.<ref>Geneivat Da'at: The Prohibition Against Deception in Today's World, 2002 article by Professor Hershey H. Friedman</ref> This is true even if the merchandise is being sold at a fair price for the condition it is really in. <ref>Maharsha Chulin 94a, The Maharsha poses a case where a seller withholds information about a defect in an object he is selling. Despite the fact that he withholds this information, the seller still sells the object at a lower price (which is fit for the object with the defect). This is still gneivat daat even though there is no onaa because the buyer believes he is getting a bargain on the object as he does not know about the defect. </ref>


==Presenting the Good without Mentioning the Bad==
==Overcharging in Comparison to the Market==


#While there is no problem with presenting the positive aspects of merchandise (as long as it isn't blown out of proportion in a deceitful way and even a reasonable person would be deceived by it), sellers are obligated to disclose any defects, deficiencies, shortcomings, or imperfections in their merchandise in order to prevent themselves from violating Geneivat Da'at. This is true even if the merchandise is being sold at a fair price for the condition it is really in. <ref>Geneivat Da'at: The Prohibition Against Deception in Today's World, 2002 article by Professor Hershey H. Friedman</ref><ref>Maharsha Chulin 94a, The Maharsha poses a case where a seller withholds information about a defect in an object he is selling. Despite the fact that he withholds this information, the seller still sells the object at a lower price (which is fit for the object with the defect). This is still gneivat daat even though there is no onaa because the buyer believes he is getting a bargain on the object as he does not know about the defect. </ref>
#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]].


==Overcharging in Comparison to the Market==
== A Buyer's Responsibility ==


#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]].
# It is a buyer's responsibility to gather relevant information on products the buyer intends to buy.<ref>Economic Public Policy and Jewish Law by Rabbi Aaron Levine 1993 p. 77</ref>


==Telemarketing==
==Telemarketing==