Source: Australian Ministers for Regional Development
The ACCC is investigating several retailers for making potentially misleading claims to consumers during last year’s Black Friday sales, following a sweep which found that around half of the 50 retailers reviewed made concerning claims in their advertising of Black Friday sales.
“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.
“Sales tactics that create a false sense of urgency can mean that consumers are unable to make an informed purchasing decision as the fear of missing out can stop them from shopping around to ensure they are securing a genuine deal or the best deal available.”
The ACCC’s Black Friday sales sweep found that some of the retailers reviewed were using potentially misleading countdown timers in their Black Friday sales online advertising. These timers claimed the end of the sale was imminent, when the sale actually extended beyond the time indicated.
“As sales periods become longer and more frequent, retailers must ensure they do not mislead consumers about the true duration of a sale and the extent of discounts,” Ms Lowe said.
Above: Examples of the use of countdown timers which, if not accurate, can create a false sense of urgency.
“We have commenced several investigations as a result of our Black Friday sales sweep, after seeing multiple instances of retailers engaging in concerning conduct. If we find evidence that this conduct was in breach of the Australian Consumer Law, then we will take appropriate enforcement action,” Ms Lowe said.
The ACCC also identified that many retailers continued to make large, headline claims of ‘sitewide’ or ‘storewide’ sales alongside significantly less prominent disclaimers about exclusions to the sale.
“Fine print disclaimers and exclusions buried in terms and conditions disguise the true extent of sales and can falsely lure consumers into a sale without them realising the product they want to buy is not included in the sale,” Ms Lowe said.
Above: Example of a retailer advertising a ‘sitewide’ discount. Claims of this nature may be misleading if there are undisclosed or inadequately disclosed exclusions.
“We took enforcement action against this type of conduct last year following our 2024 Black Friday sales sweep, with Michael Hill, MyHouse and Hairhouse Online paying penalties for making misleading ‘sitewide’ sales claims.”
The 2025 sweep included retailers across a range of sectors, including bedding, homewares, sports and leisure, and clothing and accessories. It also included retailers that were identified as engaging in potentially misleading conduct in the 2024 sweep.
The ACCC found compliance varied among the retailers that were investigated or contacted after the 2024 sweep. While many of these retailers had improved their advertising practices in the 2025 Black Friday sales, some continued to make sales claims that raised concerns.
“As part of our investigations following the Black Friday sales sweep, we are considering retailers’ earlier conduct, including those that have seemingly failed to learn from our previous warnings and enforcement action,” Ms Lowe said.
“We know that many consumers wait for sales events like the Black Friday sales to secure what they rightly expect to be a genuine deal on a product or service that they may have had their eye on for a while.”
The ACCC encourages consumers to be wary about claims made about discounts or savings during key sale periods, and to check carefully for any disclaimers or qualifications in advertised promotions. Consumers may also wish to check prices in advance of sales events, to better assess if they are getting a legitimate discount.
“Retailers have an obligation under the Australian Consumer Law to not mislead consumers. We will continue to prioritise taking action against unlawful conduct that seeks to take advantage of consumers during sales events,” Ms Lowe said.
The ACCC strongly recommends that all retailers review ACCC guidance on advertising and promotions and ensure they understand their responsibilities.
Background
In November 2025, the ACCC conducted a Black Friday sales sweep to identify misleading or deceptive sales advertising used by retailers. This sweep focussed on a range of conduct, including:
- Misleading time representations, including, the use of phrases such as ‘3 days only’ and devices such as countdown timers that don’t align with the true duration of the sale.
- Claims of store-wide or site-wide sales, when in fact the sales involve exclusions
- Fine print or disclaimers that seek to limit headline claims about the sale, including member-only deals or excluding a range of products.
- ‘Up to X% off’, where the ‘up to’ text is not prominently displayed, or where few or very few products are on sale at X% off.
- Misleading ‘was/now’ or ‘strikethrough’ pricing representations
In 2024, the ACCC conducted a similar sweep of sales advertising by Australian retailers to target the Black Friday and Boxing Day sale periods. The 2024 sweep uncovered a range of concerning practices, including those listed above.
Following the 2024 sweep, the ACCC launched a number of investigations into specific retailers and wrote to those retailers where the most concerning conduct was identified and asked them to justify their claims.
In June 2025, Michael Hill, My House and Hairhouse Online paid penalties for allegedly making false or misleading representations about their Black Friday sales.
There are ongoing investigations as a result of the sweep conducted in 2024.