Beyond the Sales: ACCC escalates action on misleading Black Friday advertising

Your Black Friday purchases may already feel like old news…perhaps the shine has dulled on that new toaster, or the interest on your credit card has become an unwelcome but familiar companion.

While the big-ticket sales may feel firmly in the rear-view mirror, the Australian Competition and Consumer Commission (ACCC) has made it clear that it is not done looking back. 

Following on from our article published in November 2025 – where we examined the ACCC’s proposed “Black Friday sweep” targeting bogus discounts and exaggerated storewide sales – the ACCC has now commenced multiple investigations. This development marks a clear shift in the ACCC’s approach from compliance-focused messaging to active enforcement. 

ACCC’s investigations

The ACCC’s concerns centre on sales tactics that risked the distortion of consumer decision-making, particularly where shoppers are encouraged to purchase quickly because a deal is about to end, especially when that is not accurate.  

The ACCC is particularly focused on: 

“We are concerned that retailers appear to be increasingly relying on tactics that manipulate consumers by creating a false sense of urgency that they will miss out on a discount if they don’t buy the product now,” ACCC Deputy Chair Catriona Lowe said.

One notable feature of this round of investigations is the ACCC’s willingness to consider retailers’ prior conduct, including whether businesses that attracted attention in earlier sales periods have truly improved their advertising practices or “failed to learn from our previous warnings and enforcement action”. 

With sales periods becoming longer and  frequent, the ACCC has emphasised that retailers must ensure their promotional claims comply with Australian Consumer Law. In particular, businesses need to be able to substantiate representations about the duration of sales and the authenticity of any discounts offered. 

Impending law reform 

We also note the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 is currently progressing through parliament, and once passed, will introduce new provisions to the Australian Consumer Law addressing ‘unfair trading practices’. 

These amendments reflect a growing focus on protecting consumers from conduct that distorts their decision-making or exploits vulnerabilities. We will explore the implications for businesses in our next article. For now, retailers should remain vigilant in ensuring their advertising practices align with the evolving legal landscape. 

Key takeaways 

Although our next Black Friday splurge may be months away, we encourage retailers to take this lead time to consider the nature and appearance of their upcoming sales or promotions. Retailers planning future campaigns should ensure that discount claims are accurate, defensible and properly substantiated, and that any limitations or exclusions are given prominence equal to the headline promise. 

These investigations reinforce that: 

• sales advertising may be reviewed well after a promotion ends; 
• urgency-based claims require thorough review before a promotion goes live; and 
• recurring issues can heighten enforcement risks.

Jackson McDonald’s commercial and consumer law experts can assist your business with ACL compliance, marketing reviews and responding to ACCC investigations. 

To discuss your approach to sales advertising or regulatory risk, please contact Ariel Bastian or Elizabeth Tylich.