Credit Card Laws & Ethics
Filed under: banking, complexity, consumers, ethics, honesty, regulations, transparency |
Comments (4) Credit cards: we love them, and we hate them. We love the convenience, but we hate the high interest rates. But really, based on our patterns of usage, it seems like the love/hate relationship is tilted in favour of love; it looks like our fondness for those super-convenient pieces of plastic is getting the better of us. The result: many North Americans are utterly buried under credit card debt. The natural temptation is to blame the banks, and certainly many financial institutions have preyed upon both our fondness of convenient purchasing, and our lack of attention to fine print, to turn credit cards into a cash cow.
But see this story, by Jennifer Liberto, for CNN Money: Credit card laws working, says bank critic
A year after new credit card laws curbed interest rate hikes and forced new disclosures, consumers are paying fewer late fees and have a better understanding of what their cards cost, according to a federal study released Tuesday.
White House official Elizabeth Warren, best known for her outspoken criticism of the banking industry, is expected to praise that same group during a Tuesday conference on the one-year anniversary of the credit card laws….
Now unless I’m mistaken, what banks are being force to disclose is stuff that would previously likely have been buried in the notorious ‘fine print’ of credit card agreements. And fine print is a hard problem, ethically. We all know that consumers should read the fine print; there can be important information there. But we also all know that almost nobody does read the fine print. Fairness requires at least some attention to what we can reasonably expect consumers to do. But on the other hand, is it really a bank’s fault if they disclose something important and you simply don’t bother to read it? While you could argue the fairness point back and forth, it’s also worth pointing out that there’s an economic efficiency argument here, too. Information asymmetries are the enemy of economic efficiency. (An “information situation” is any situations in which one party to a transaction understands that transaction much better than the other.) So we have here the foundation for an argument that says that, even if it is fair to expect consumers to read all the fine print, the fact that they do not do so is resulting in socially sub-optimal patterns of purchasing. This means a social reason, not just a paternalistic reason, to want to help consumers by forcing banks to change how it is that they disclose information.
The other interesting aspect of this story has to do with the persuasive force of law. According to Warren, “much of the industry has gone further than the law requires in curbing repricing and overlimit fees.” In other words, this may be a case in which the law not only prescribed a certain set of behaviours, but also set the tone for the industry. I think this aspect of law is too often overlooked. This suggests that even when we are skeptical about a new law because, for instance, we are skeptical about the potential for strict enforcement, we ought to consider the possibility that an industry will take the passage of a law as sending a signal about the overall tenor of society’s perspective on their business. We also ought to consider also the possibility that the law will give those subject to it an excuse to do what they thought they ought to be doing in the first place.
Certifying Virtue
Filed under: accountability, brands, certification, consumers, labelling, standards, virtue |
Comments (2) 
Two weeks ago I was at Duke University’s Kenan Institute for Ethics, in part to participate in a panel discussion called “Certifying Virtue.” The panel was basically about the challenges faced by various attempts to certify particular consumer goods as having been ethically produced.
My excellent co-panelists were Greg Dees (director of Duke’s Center for the Advancement of Social Entrepreneurship) and Tim Büthe (Assistant Professor in Duke’s Political Science department). The panel was organized and moderated by Kenan’s Lou Brown.
My own comments focused on:
- The large number of value-dimensions along which different consumers might want assurances about the things they buy.
- The epistemic problems involved in figuring out how to measure the things you might want to certify (e.g., measuring “environmental impact”).
- The moral problem that arises when 2 or more desirable characteristics conflict (e.g., “wild” vs “organic” salmon — you might want both, but no one fish can be both wild and organic.)
- The role of brands and certification schemes as “value-alignment” mechanisms, helping consumers find producers with whom they want to do business.
The panel was videorecorded, and the resulting 90-minute video is here, on YouTube: Certifying Virtue
Ethics of Inefficiency
Filed under: consumers, corporations, energy, productivity, quality, sustainability, technology |
Comments (13) 
The current way of thinking seems to imply that small-scale production is the way to go. Of course, for much of the 20th century, small-scale production was a sign of affluence: only the wealthy could afford to have a craftsman dedicate hours, perhaps days, to the task of custom-making an item just for them. Today, everyone from yuppies to hippies is clamoring for just that, in their rush to grab for things perceived as local and green and anti-commercial. We don’t want multinationals to get between us and the skilled hands that make our loafers, and we want no agrifood giants mediating our relationship with the farmer who lovingly raised the goats that gave the milk that made the cheese. We want our business small, and indie. We want our consumer goods “bespoke,” and “artisanal.”
And the reason for this seems to be some vague impression that those kinds of businesses, and those kinds of products, are somehow more ethical. And in some cases, along some ethical dimensions, that may be true. But if anyone thinks that products produced by a small, local artisan are likely to be environmentally superior, well excuse me for being just a tiny bit skeptical.
This vague association of the small with the ethical misses the fundamental truth that, when it comes to production methods, size brings efficiency. Mass production tends to be efficient in its use of energy, materials, and labour. There are of course tradeoffs and exceptions: it’s entirely possible for a factory mass-producing something to be highly efficient in the use of labour, but to be highly inefficient in the use of, say, water — especially if water is had at no cost. But generally, mass production is efficient; that’s its raison d’etre. Consider: a local tailor spending an entire day hand-stitching a jacket has to use, to begin with, an entire day’s worth of energy to light and heat his workshop. Alternatively, the same jacket could be made in a garment factory in a matter of minutes, using a few minutes’ worth, rather than an entire day’s worth, of energy.
Now that’s not a blanket endorsement of all mass production. It’s entirely possible for production processes to be set up so that they are highly efficient in their use of whatever resource is particularly costly, and highly inefficient in its use of whatever happens to be cheap, regardless of the ethics of doing so. Note also that mass-produced goods tend to cater to the lowest common denominator. It should also be noted that assembly lines may tend to result in repetitive strain injuries among workers — and, if you believe some critics, in feelings of alienation as the worker whose job is reduced to some trivial aspect of production is effectively cut off from any connection with the product as a whole.
But (generally) efficiency is good. Certainly no one is in favour of inefficiency, with the possible exception of those of us who revel in a well-earned “inefficient” weekend. At any rate, the very reason we engage in mass production is that it is efficient: it produces the most output per unit of input. And that’s a good thing. So while there may be reason to value the small, the local, the artisanal, we ought at least to be aware that such goods are liable, at least in general, to be the product of highly inefficient — and hence environmentally unfriendly — production methods.
Madoff, Accomplices, and Complicity
Filed under: accountability, excuses, finance, fraud, investing, white collar crime |
Comments (1) It takes two to tango. How many does it take to sustain a ponzi scheme?
See this tantalizing piece by Diana B. Henriques, for the NY Times: From Prison, Madoff Says Banks ‘Had to Know’ of Fraud
In many ways…Mr. Madoff seemed unchanged. He spoke with great intensity and fluency about his dealings with various banks and hedge funds, pointing to their “willful blindness” and their failure to examine discrepancies between his regulatory filings and other information available to them.
“They had to know,” Mr. Madoff said. “But the attitude was sort of, ‘If you’re doing something wrong, we don’t want to know….’”
Of course, as Henriques notes, “Mr. Madoff’s claims must be weighed against his tenuous credibility.”
But Madoff’s claims that others, including financial institutions and sophisticated investors, “had to know” something was wrong will ring true to anyone who knows the Enron story in detail. For a wonderful, if exhausting, tour through the Enron scandal, see Bethany McLean and Peter Elkind’s Enron: The Smartest Guys in the Room. As McLean and Elkind make clear, Enron’s shenanigans only went on as long as they did because a lot of people, at a lot of financial institutions (and accounting firms and law firms) spent years and years with their eyebrows raised but kept their mouths shut.
Employment, Smokers, and Fundamental Ethical Conflicts
Filed under: employees, health, productivity, risk, values, workplace safety |
Comments (2) 
I’ve seen two interesting stories recently about smokers — of various kinds — facing trouble with their employers. Both stories raise difficult, perhaps intractable, ethical difficulties, because in both cases the objectives sought by employers are, on the face of things, entirely reasonable; and yet the freedoms sought by employees in these cases are also, I think, very reasonable ones to seek.
First, this piece by A.G. Sulzberger for the NY Times: Hospitals Shift Smoking Bans to Smoker Ban
…More hospitals and medical businesses in many states are adopting strict policies that make smoking a reason to turn away job applicants, saying they want to increase worker productivity, reduce health care costs and encourage healthier living….
I’ve blogged about this issue before. (See: “Smokers Need Not Apply”, from January of 2009.) My conclusion back then was that an employer, no matter how well-intentioned, has no right to tell employees what to do on their own time. They have a right to demand a certain level of performance on the job, and that might have implications for what employees do at home. But what employers have a right to is performance, rather than to a particular lifestyle in pursuit of that performance. Besides, there are lots (and lots and lots) of things employees can do at home that will limit their performance at work. I don’t see smoking as being unique among those, and letting employers screen for (and monitor?) all such behaviours would obviously constitute a massive invasion of privacy.
And then there’s this Reuters piece, reported by Clare Baldwin: Wal-Mart employee fired for medical pot loses case
A federal judge in Michigan on Friday upheld Wal-Mart Stores Inc’s dismissal of an employee for testing positive for marijuana, even though he was using the drug under the state’s medical marijuana law.
…
Former Wal-Mart employee Joseph Casias said he was using the marijuana to treat pain from an inoperable brain tumor and sinus cancer, and was doing so legally, with a medical marijuana registry card…
This one is trickier because the implications of marijuana — cannabis — for workplace performance are much clearer. Pot (even pot prescribed for very good reasons by a physician) is very likely to affect judgment. And the effects of smoking it can last 2-3 hours — so smoking just before work, or during a break, could reasonably be expected to have a negative impact on performance. But in the case above, the employee involved had what sound like very good reasons, if ever there were any. Wal-Mart is a company that is trying hard to polish its image, and firing people for trying to deal with the pain from their inoperable brain tumor seems inconsistent with that objective.
For me, this is one of those short news stories that immediately makes me wonder what’s really going on here. Is the employee one of “those” employees that a company looks for reasons to fire? Or was his manager an unsympathetic jerk? Or what? Because surely this is an issue that could have been sorted out among reasonable adults, without resorting to lawyers. Could the worker be moved to a position where the possible effects of at-home cannabis use would not be as problematic? Could the employee agree to limit the hours during which he would use cannabis, in return for an exemption from the company’s testing regimen? I don’t know the answer. But living and working together means that we find ways of getting along together, even when we cannot find ways of agreeing.
Most Ethically-Significant Consumer Decision?
OK, this is one where I pose a question.
What is the most ethically-significant purchasing decision a consumer can make?
Most consumer choices make very little difference in the world, taken on a purchase-by-purchase decision. In the aggregate, of course, consumer decisions are enormously important. But I’m thinking today about individual decisions.
Take the decision to buy a low-energy lightbulbs for your house. The net impact on the environment will be roughly zero. Same goes for, e.g., not eating certain kinds of tuna that are on the verge of being listed as endangered. Whether you buy tuna or not really isn’t going to make any difference to the fate of the species.
On the other hand, if you decide not to buy meat this week, the net impact is that a bunch of critters get to live (and if you think animals matter, ethically, then that’s a good thing). Of course, even that is questionable, because in most cases it’s not as if those animals were going to be killed just for you. If you don’t eat them, they’re still going to be killed, and it’s only long-term trends in consumer demand that will make a difference.
Another kind of example might include the decision to purchase, for example, a piece of art from a homeless person. In that case, a single purchase (say, for $20) might make the difference between that person eating and not eating for a couple of days — something clearly ethically significant. But those kinds of opportunities are relatively rare.
So what are the best examples of purchase decisions that individual consumers can make that will have a real, concrete impact on the world?
100 Most Influential People in Business Ethics, 2010
For the third year in a row, I’ve been honoured by Ethisphere Magazine as one of the “100 Most Influential People in Business Ethics.” I was recognized in the category of “Thought Leadership.”
Once again, I’m humbled but also encouraged that my 5 years’ worth of blogging is seen as having some impact on the world, however indirect.
MBA Ethics Education Roundup
Back in November I did a 4-part series on ethics education for MBA students. I thought it might be a good idea to collect all of them, plus a couple other relevant blog entries, on a single blog entry. So here they are:
- MBA Ethics Education: Designing the Designers (…whether we are thinking about training MBAs to make particular decisions, or training them to build the contexts in which particular decisions are to be made, business schools are in the business of designing designers….)
- MBA Ethics Education: Avoiding Excuses (…Sometimes, doing the right thing simply requires that we avoid the temptation to do the wrong thing. Positive role models are definitely a good thing, but we also need to understand why things sometimes go wrong…)
- MBA Ethics Education: All Decisions are Ethics Decisions (…there really is no clear distinction between “ethical” decisions in business and straightforward business decisions…)
- MBA Ethics Education: Speaking Up (…too often, bad things happen because good people don’t speak up….)
And see also these earlier blog entries by me:
Socially Responsible Investing & Value Alignment
Filed under: corporate citizenship, CSR, ethics, finance, investing, stakeholders, sustainability, trust |
Comments (11) Socially responsible investing (SRI) is a big topic, and a complex issue, one about which I cannot claim to know a lot. The basic concept is clear enough: when people make investments, they send their money out into the world to work for them. People engaged in SRI are trying to make sure that their money is, in addition to earning them a profit, doing some good in the world, rather than evil.
There are a number of kinds of SRI. For example, there are investment funds that use “negative screens” (to filter out harmful industries like tobacco), and there are “positive investment” (in which funds focus on investing in companies that are seen as producing positive social impact). We can also distinguish socially-responsible mutual funds from government-controlled funds, such as pension funds.
(For other examples, check out the Wikipedia page on the topic, here.)
Setting aside the kinds of distinctions mentioned above, I think we can usefully divide socially responsible investments into two categories, from an ethical point of view, rooted in 2 different kinds of objectives.
On one hand, there’s the kind of investment that seeks to avoid participating in what are relatively clear-cut, ethically bad practices. For example, child slavery. Trafficking in blood diamonds might be another good example. Responsible investment in this sense means not allowing your money to be used for what are clearly bad purposes. In this sense, we all ought to engage in socially-responsible investment.
(Notice that investments avoiding all child labour do not fall into the above category, because child labour, while always unfortunate, is not always evil. There are cases in which child labour is a sad necessity for poor families.)
On the other hand, there’s what we might call “ethical alignment” investments, in which a particular investor (small or large) attempts to make sure their money is invested only in companies or categories of companies that are consistent with their own values. Imagine, for example, a hard-core pacifist refusing to invest in companies that produce weapons even for peace-keeping purposes. Or picture a labour union investing only in companies with an excellent track-record in terms of labour relations. In such cases, the point is not that the corporate behaviour in question is categorically good or bad; the point is that they align (or fail to align) with the investor’s own core values.
I’m sure someone reading this will know much more about SRI than I do. Is the above distinction one already found in that world?
HuffPo, AOL and the Ethics of Unpaid Labour
Filed under: activism, advertising, blogs, brands, employees, intellectual property, pay, profits, protest, technology |
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AOL bought the Huffington Post this week. Now, many of HuffPo’s volunteer bloggers are up in arms, accusing the left-leaning news-and-aggregation site of two related crimes: selling out to a (presumably) evil corporate media giant, and failing to share the wealth with thousands of volunteer bloggers who, over the years, have contributed probably millions of words to HuffPo’s archive of content.
But criticism was not limited to the volunteer bloggers themselves. Tim Rutton, of the LA Times, wrote:
To grasp its business model, though, you need to picture a galley rowed by slaves and commanded by pirates….
Adbusters — the slightly-past-its-best-before-date organization whose sole purpose is to bash capitalism and consumerism — put it this way:
Socialite Arianna Huffington built a blog-empire on the backs of thousands of citizen journalists. She exploited our idealism and let us labor under the illusion that the Huffington Post was different, independent and leftist. Now she’s cashed in and three thousand indie bloggers find themselves working for a megacorp….
On the face of it, this sounds like a strong criticism. Use unpaid labour to build a truly massive (and profitable) online presence. Keep that unpaid labour in the fold by espousing values they believe in. And then sell out for hundreds of millions to a corporation that almost certainly could not care less about the aforementioned values. It really does sound tantamount to slavery, with a touch of ideological treason thrown in for good measure. But to understand this better, we need to know a little more about the economics of blogging. As a good starting point, see this piece by stats guru Nate Silver: The Economics of Blogging and The Huffington Post
The fact is, however, that sentiments like [the LA Times’s] Mr. Rutten’s reflect a misunderstanding of The Huffington Post’s business model. Although The Huffington Post does not pay those who volunteer to write blogs for it, this content represents only a small share of its traffic. And, to put it bluntly, many of those blog posts aren’t worth very much….
Silver goes on to be much more specific, calculating the likely dollar value of the contribution of the average volunteer HuffPo Blogger.
The point is that for something over 99% of bloggers, blogging is a hobby. The contribution of most HuffPo bloggers to the website’s success is minimal. Those thousands of volunteer bloggers on whose “backs” HuffPo was supposedly built were likely more important as audience than as generators of content. Should the volunteer bloggers feel jilted? I’m reminded of a commercial from a few years back, in which a mom consoles her 8-year-old boy whose team just lost a game of soccer or hockey or something. “Did you try your hardest?”, asks the mom. “And did you have a good time? That’s all that really matters.”
Of course, if the volunteer bloggers are worried about the integrity of HuffPo’s editorial voice, you would think they would be somewhat consoled by the fact that Arianna Huffington is retaining the reins in that regard, and in fact will be gaining the key editorial role at AOL as a whole. But then, that’s reason why the rest of us should be deeply concerned, given Huffington’s penchant for featuring dangerously bad pieces related to things like healthcare, including some that are the intellectual equivalent of evolution denial.
The Business Ethics Blog 