Black Friday and Cyber Monday are close enough that my husband can practically smell the savings I am about to make!
Yesterday, the Australian Consumer and Commission (ACCC) announced a “Black Friday sweep” targeting retailers who inflate prices before applying magical “discounts” or who claim “storewide” sales that mysteriously exclude half the store.
ACCC Deputy Chair Catriona Lowe issued a firm reminder to businesses that come 28 November, she will be making a list, checking it twice, she’s going to find out who is naughty and nice.
"We are putting retailers on notice to review their sales advertising practices to ensure that any sales or discount claims they make are accurate, clear, and not likely to mislead or deceive consumers…”
As for shoppers, Lowe says it ‘tis the season to shop wisely.
“If consumers are waiting for the Black Friday sales to make a big purchase, we encourage them to consider checking the prices now before sales start, so they can determine if they are making a legitimate saving…”
In fact, Lowe has beckoned to - o’ come all ye faithful Black Friday shoppers, and sing in exultation to the ACCC if they come across:
“Promotions or ads that raise concerns, including images of the potential misconduct…”
ACCC’s 2025 Enforcement Focus
The ACCC has confirmed that its focus this year is on misleading pricing practices and representations that could influence consumer behaviour and affect their ability to make informed purchasing decisions during the sales.
While the ACCC’s guidance on false or misleading claims explains how consumer law operates, these tactics are the ones most likely to put businesses on the naughty list for misleading or deceptive conduct:
Last year’s Enforcement Examples
In last year’s Black Friday sweep the ACCC turned in three major retailers, each being required to pay a penalty of $19,800.
In each of the above examples, the ACCC alleged that the retailers:
- promoted online “sitewide” sales, yet excluded substantial product ranges; and
- failed to clearly communicate the exclusions, leaving consumers with a false impression that all products were discounted.
These examples demonstrate that businesses cannot rely on fine print or disclaimers to correct misleading overall impressions.
Practical Steps for Compliance
To minimise the risk of breaching the ACL, retailers should deck the halls with accurate discounts and take these steps:
Retailers should take proactive steps to ensure their promotions are accurate, defensible, and aligned with consumer law obligations. By verifying all discount claims and disclosing conditions clearly, businesses will be able to sleep in heavenly peace.
Jackson McDonald’s commercial and consumer law experts are here to assist your business with ACL compliance, marketing reviews, and responding to ACCC investigations.
To discuss compliance strategies or review your Black Friday campaign, please contact Ariel Bastian or Elizabeth Tylich.