The Australian Competition and Consumer Commission has warned shoppers to watch for misleading sales tactics as Black Friday promotions begin, including bogus countdown timers, false 'sitewide' discount claims and misleading price comparisons. The ACCC has expanded its annual sweep from retailer websites to also cover social media posts and marketing emails.
The consumer watchdog has fined six Australian retailers a collective $217,800 over the past two years for misleading advertising during the Black Friday sales period, including jewellery retailer Michael Hill and homewares retailer MyHouse.
"Consumers should be aware that a 'sale' sign doesn't always mean it's a good deal," ACCC deputy chair Catriona Lowe said. "We know some businesses use tactics to mislead consumers into thinking they are getting a bargain even when they are not."
The ACCC is highlighting four specific tactics. False 'sitewide' or 'storewide' discount claims: Michael Hill was fined $19,800 last year for advertising a Black Friday "Member Event 25% off Sitewide" sale when not all products were discounted. MyHouse was also fined $19,800 for advertising "Up to 60% Off Sitewide" that did not apply to all products, with an asterisk to terms and conditions deemed insufficiently prominent. "Retailers should not be relying on fine print disclaimers or exclusions to qualify the headline message of a promotion," Ms Lowe said.
Bogus countdown timers or 'time-limited' offers: Furniture retailer James Lane was fined $19,800 for advertising a Black Friday sale ending December 3, when the retailer had decided in advance to extend it by a week. Trampoline retailer Vuly paid penalties of $39,600 for two instances of using a bogus countdown timer. Its Click Frenzy timer reset to a new sale offer of "up to 45% off" as the original "up to 30% off" sale reached its advertised end.
False 'low stock' claims and scarcity messaging: Chandni Gupta, deputy CEO of the Consumer Policy Research Centre, said “scarcity cues” could include “10 people are looking at this product right now”. Retailers may also warn “only 1 item left!” when new stock may be arriving the next day. “There is an imbalance of power as there is no way for a consumer to confirm whether the urgency is real or not,” she said.
Misleading discounts and price comparisons: Electronics retailer digiDirect accumulated fines totalling $99,000 across five instances of misleading discounts. The ACCC found it rarely sold products at the higher "was" price. One example was a mini wireless keyboard advertised as on sale for $149, down from $229.
Meg Dalling from the Consumer Action Law Centre urged the ACCC to take strong enforcement action. "I think it is vital that the ACCC takes strong enforcement action against retailers who mislead and rip off people," she said. "There needs to be a strong signal that they can't get away with it. This is particularly important now as in the cost-of-living crisis every dollar counts."
Ms Gupta said new laws against unfair trading coming into effect next July should help protect consumers from "dark patterns" in advertising, including bogus countdown timers and low-stock notifications. Her centre's research found 83 per cent of Australians have had a negative experience with such tactics, with people losing money, feeling pressured into purchases or paying more than they otherwise would.
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ACCC fines on six Australian retailers for misleading Black Friday ads (past two years)
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Six retailers fined total $217,800; individual fines for two unnamed retailers not listed separately in source. Source: ACCC via ABC News
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Analysis
Why This Matters
With many households under cost-of-living pressure, misleading discounts can cause real financial harm by tricking shoppers into spending more than intended on items that are not genuine bargains.
The ACCC's expanded sweep signals that businesses using deceptive tactics face greater scrutiny and potential fines, potentially changing how retailers market sales.
New unfair trading laws taking effect in July 2027 could provide stronger protections, making this Black Friday one of the last where these tactics are unchecked.
Background
Australian Consumer Law prohibits misleading or deceptive conduct in trade or commerce, including false discounts and misrepresentations about the nature or duration of a sale. The ACCC conducts regular sweeps of advertising during major sales events such as Black Friday, which has become a significant retail period in Australia despite its US origins.
Key Perspectives
ACCC deputy chair Catriona Lowe: "Consumers should be aware that a 'sale' sign doesn't always mean it's a good deal." She said retailers risk enforcement action if they misrepresent the size, scope or duration of their sales.
Consumer Policy Research Centre deputy CEO Chandni Gupta: Said there is an "imbalance of power" because consumers cannot verify whether urgency messages are real, and urged shoppers to reconsider purchases not on their wish list before the sale.
Consumer Action Law Centre's Meg Dalling: Said strong enforcement action is vital to send a signal that retailers "can't get away with" misleading shoppers, especially during the cost-of-living crisis.
What to Watch
Whether the ACCC issues further fines or court proceedings against retailers found in breach during this year's sweep.
The passage and implementation of the unfair trading laws due in July 2027, which may introduce penalties specifically targeting dark patterns.
Consumer reporting of deceptive tactics via the ACCC's complaint page, which could shape future enforcement priorities.
12 claims in this story checked against 1 source: 12 supported.
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SupportedThe ACCC is warning shoppers about dodgy discounts as Black Friday sales kick off.Latest business news: “Shoppers warned of dodgy discounts as Black Friday sales kick off.”
SupportedThe ACCC has expanded its annual sweep to include social media posts and marketing emails as well as retailer websites.Latest business news: “The Australian Competition and Consumer Commission (ACCC) has expanded its annual "sweep" of Black Friday advertisements from retailer websites to also include social media posts and marketing emails.”
SupportedThe ACCC is warning about bogus countdown timers, false sitewide discount claims and misleading price comparisons.Latest business news: “Bogus "countdown timers", false "storewide" discount claims and misleading price comparisons are all in the regulator's sights ahead of this year's Black Friday sales season.”
SupportedCatriona Lowe said, “Consumers should be aware that a 'sale' sign doesn't always mean it's a good deal.”Latest business news: “"Consumers should be aware that a 'sale' sign doesn't always mean it's a good deal," warns ACCC deputy chair Catriona Lowe.”
SupportedSix Australian retailers were fined a collective $217,800 over the past two years for misleading advertising during Black Friday sales.Latest business news: “Six Australian retailers, including Michael Hill and MyHouse, have been fined a collective $217,800 by the ACCC over the past two years for misleading advertising during the Black Friday sales.”
SupportedMichael Hill was fined $19,800 last year for a Black Friday “Member Event 25% off Sitewide” sale that did not include all products.Latest business news: “The ACCC fined jewellery retailer Michael Hill $19,800 last year for advertising a Black Friday "Member Event 25% off Sitewide" sale online, when, in fact, not all the products on its website were part of the sale and discounted.”
SupportedMyHouse was fined $19,800 for a misleading “Up to 60% Off Sitewide” advertisement whose terms-and-conditions asterisk was not prominent enough.Latest business news: “MyHouse was also fined $19,800 after the ACCC found the homewares retailer's Black Friday advertising of "Up to 60% Off Sitewide" was misleading as it didn't apply to all products and the asterisk referring to "terms and conditions" was not prominent enough.”
SupportedJames Lane was fined $19,800 for advertising a Black Friday sale ending December 3 despite having decided in advance to extend it by a week.Latest business news: “An ACCC investigation found the retailer had, in fact, decided in advance of launching its campaign that the sale would last beyond the advertised end date, which it did, for one week.”
SupportedVuly paid $39,600 in penalties for two instances involving a countdown timer that reset from an “up to 30% off” sale to an “up to 45% off” offer.Latest business news: “Trampoline and children's outdoor playset retailer Vuly paid penalties of $39,600 for two separate instances where it used a bogus countdown timer. Its online Click Frenzy countdown timer advertised — to the exact second — when an "up to 30% off" sale would end. At that time, however, the clock simply reset to a new and boosted sale offer of "up to 45% off".”
SupporteddigiDirect accumulated $99,000 in fines across five instances, and the ACCC found it rarely sold products at the higher advertised price.Latest business news: “Electronics retailer digiDirect recently amassed fines totalling $99,000 across five instances where it mislead consumers with the discounts it displayed across a range of products. Despite claiming "price slashed" and the use of strike-through price discounting, an ACCC investigation found digiDirect rarely sold the products at the higher price.”
SupportedMeg Dalling urged strong enforcement, saying, “I think it is vital that the ACCC takes strong enforcement action against retailers who mislead and rip off people.”Latest business news: “"I think it is vital that the ACCC takes strong enforcement action against retailers who mislead and rip off people," said Meg Dalling from the Consumer Action Law Centre.”
SupportedCPRC research found that 83 per cent of Australians had a negative experience with these sales tactics.Latest business news: “"Our research has shown 83 per cent Australians have had a negative experience with these dark pattern sales tactics," she said.”