The scientific article examines doctrinal positions, European Union legislation, and domestic legislation regarding the definition of the phenomenon of consumer vulnerability and specifies who exactly should be considered a vulnerable consumer. The study of consumer vulnerability is relevant today, given the rapid development of consumer rights protection relations and the need to differentiate consumers. At the same time, despite the existing works of scientists on the definition of vulnerability and vulnerable consumers, in general, in doctrine, and practice, there is no unified approach to understanding the concept of vulnerable consumers.

The purpose of the article is to carry out a scientific and legal analysis of approaches to understanding the essence of the phenomenon of consumer vulnerability and highlighting the legal nature of this category.

The article indicates the existence of two main approaches to identifying vulnerable consumers. According to the first approach, vulnerable consumers can be classified as a certain group (for example, children, and people with physical or mental infirmity). At the same time, according to another approach, all consumers can become vulnerable due to objective circumstances at any time. However, a vision where the two approaches intersect is also highlighted.

 It has been established that the vulnerability of consumers can be determined by certain circumstances that have a temporal framework. That is, the consumer may be vulnerable due to a difficult life circumstance. Therefore, an individual who does not belong to the legally defined categories of vulnerable consumers may be vulnerable at a certain point in time. Under such circumstances, we should talk about the vulnerability of consumers due to the condition of an individual, which lasts for a certain period of time (usually short-lived). In this case, it is advisable to extend the rules on the protection of vulnerable categories of consumers to these persons as well. As a conclusion of the research, the author points out that vulnerability as a phenomenon can be inherent in any consumer. Therefore, it is suggested to consider vulnerable consumers through the prism of vulnerable categories of consumers and consumers with vulnerability. Separately, the author proposed a definition of consumer vulnerability.

Bibliography

Authored books

1. Ramil B, Vulnerable consumer groups: quantification and analysis (The Office for National Statistics 1998) (in English).

Journal articles

2. Andreasen A R, Manning J, ‘The Dissatisfaction and Complaining Behaviour of Vulnerable Consumers’ (1990) 3 Journal of Consumer Satisfaction, Dissatisfaction and Complaining Behaviour 12–20 (in English).

3. Baker S M, Gentry J W, Rittenburg T L, ‘Building Understanding of the Domain of Consumer Vulnerability’ [2005] 25 (2) Journal of Macromarketing 128–39. https://doi. org/10.1177/0276146705280622 (accessed: 21.04.2023) (in English).

4. Berg Lisbet, ‘Consumer vulnerability: are older people more vulnerable as consumers than others?’ (2015) 39 International Journal of Consumer Studies 284–93. https://doi. org/10.1111/ijcs.12182 (in English).

5. Brenkert G G, ‘Marketing and the Vulnerable’ [1998] 8 (S1) Business Ethics Quarterly 7–20 (in English).

6. Cartwright P, ‘Understanding and protecting vulnerable financial consumers’ [2015] 38 (2) Journal of Consumer Policy 119–38 (in English).

7. Hua Yu Shi, Feng Jie Jing, Yan Yang, Bang Nguyen, ‘The Concept of Consumer Vulnerability: Scale Development and Validation’ [2017] 41 (6) International IJC 769– 77. https://doi.org/10.1111/ijcs.12390 (in English).

8. Morgan F W, Schuler D K, Stoltman J J, ‘A Framework for Examining the Legal Status of Vulnerable Consumers’ [1995] 14 (2) Journal of Public Policy & Marketing 267–77. https://doi.org/10.1177/074391569501400208 (in English).

9. Riefa C, ‘Protecting vulnerable consumers in the digital single market’ [2022] 33 (4) European Business Law Review 607–34. https://doi.org/10.54648/eulr2022028 (in English).

10. Ringold D J, ‘Social Criticisms of Target Marketing: Process or Product?’ [1995] 38 (4) American Behavioral Scientist 578–92. https://doi.org/10.1177/0002764295038004008 (in English).

11. Smith N C, Cooper-Martin E, ‘Ethics and Target Marketing: The Role of Product Harm and Consumer Vulnerability’ [1997] 61 (3) Journal of Marketing 1–20. https://doi. org/10.2307/1251786 (in English).

12. Waddington Lisa, ‘Reflections on the Protection of “Vulnerable” Consumers Under EU Law (2014) (2) Maastricht Faculty of Law Working Paper 2013-2. http://dx.doi. org/10.2139/ssrn.2532904 (in English).

Websites

13. Consumer Affairs Victoria, ‘What do we mean by ‘vulnerable’ and ‘disadvantaged’ consumers?’ (Consumer Affairs Victoria, Melbourne 2004) (in English).

14. Special Eurobarometer 342: Consumer empowerment. (2011) (accessed: 28.06.2023) (in English).

15. Stearn J, ‘Tackling consumer vulnerability: An action plan for empowerment’ (Report written for Consumer Focus 2012) (accessed: 21.04.2023) (in English).

16. ‘Vulnerable consumers. Briefing’ (European Parliamentary Research Service, May 2021) (accessed: 01.02.2023) (in English).