How Purchase Probability Scales Can Shed Light on Consumer Purchase Intentions

AuthorRene Befurt - Alvin J. Silk
PositionRene Befurt is an expert in applying marketing research methodologies to both litigation and strategy case work. He has experience with matters related to false advertising, consumer packaged goods, and communications technology, among others. He can be reached at rene. befurt@analysisgroup.com. Alvin J. Silk is Lincoln Filene Professor of ...
Pages53-56
Published in Landslide® magazine, Volume 12, Number 1, a publication of the ABA Section of Intellectual Property Law (ABA-IPL), ©2019 by the American Bar Association. Reproduced with permission. All rights reserved.
This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
How
PURCHASE
PROBABILITY SCALES
Can Shed Light on
CONSUMER PURCHASE
INTENTIONS
By Rene Befurt and Alvin J. Silk
Market researchers generally, and survey
experts specically, study consumers to
learn about their behavior: What are con-
sumers’ opinions, attitudes, thoughts, and
actions at the various stages of the buy-
ing process? Especially in litigation cases, these and other
product purchase-related questions arise in the context of mat-
ters related to topics such as intellectual property, trademark
infringement, false advertising, and antitrust and competition.
Carefully crafted surveys are a powerful tool for assessing con-
sumer behavior, preferences, and purchase intent, especially if
real-life observations or purchase data are not readily available.
Assessing Consumer Purchase Intent
In many cases, in contrast to asking consumers what they think
of a product, we may want to know whether they are actu-
ally willing to put money on the table and make a purchase.
A frequently posed question in litigations involving consumer
behavior asks whether or not consumers will purchase a good
or service in the but-for world, i.e., a world that has never been
observed, and which describes what would have happened in
a difference circumstance. Such questions explore consumers’
“purchase intent” using purchase probability scales, such as the
Juster scale discussed later in this article.
Marketing, economics, and public opinion researchers have
adapted scaling theories and methods from the elds of psy-
chometrics and statistics. All these disciplines share a mode of
observation: collecting and analyzing human responses elic-
ited through interviews and/or self-administered surveys, in
which scales are often used. Scales are not novel concepts to
consumers, as we encounter them in everyday life. For exam-
ple, in many brick and mortar stores, restaurants, and other
service venues, consumers have the opportunity to rate their
experience on a scale from one to ve. Some scales we may
use regularly, and almost unbeknownst to us—we provide rat-
ings for ride services, online shopping experiences, or shows
broadcasted through online streaming services.
Scales are also frequently used in market research. For
example, surveys often rely on purchase intent scales to
determine whether or not consumers are inclined to buy a
product or service. While it may be tempting to ask directly
whether a respondent expects to buy a product during the
next six months, research has shown that these types of direct
questions are limited in their reliability.1 Instead, survey
experts have developed methods to elicit a probability-based
measure of purchase intent, or “purchase probability scales.
Purchase probability scales can be used to answer a variety of
question types. Does a certain advertising message make consum-
ers more likely to purchase the product? How does the presence
of a particular trademark affect consumers’ choices? How would
consumers react to potentially different prices or to product or
service options after a merger of two companies? Do consumers
consider fewer products, and are their choices ultimately affected?
In an ideal world, we would be able to answer these ques-
tions by following consumers in real life as they make decisions
and purchases, or track their purchases across various databases.
However, these data are not always readily available, or are impos-
sible to track in the case of products that are described in a but-for
world. In such situations, purchase probability scales in carefully
crafted surveys are a proven method for assessing purchase intent.

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