The ACCC is continuing its crackdown on promotional and advertising practices that could mislead consumers, launching another sweep across multiple retail sectors during the Black Friday and Cyber Monday sales period.
The third sweep of its kind will look at potentially misleading conduct, including the use of:
- ‘Sitewide’ or ‘storewide’ claims, when actually a large number of products are excluded from the sale,
- Time-limited offers and countdown timers, when the offers continue beyond the stated end date,
- Promotional tactics to pressure shoppers to make purchases, including misleading testimonials and scarcity messaging, such as false claims that stock levels are low.
- Advertisements comparing sale prices to a misleading reference price, when those items were never, or not recently, sold at those reference prices.
For the first time, this year’s sweep will examine retailers’ advertising practices across multiple channels, including websites, emails, and social media. This reflects the growing range of ways consumers now engage with companies and are reached by their advertising.
The sweep will also assess how promotional practices have changed over time, including emerging tactics, and will consider whether retailer compliance with the Australian Consumer Law has improved in the past three years.
“Consumers continue to look for the best prices and may delay major purchases until Black Friday and Cyber Monday in anticipation of good value and legitimate discounts,” ACCC Deputy Chair Catriona Lowe said.
“Consumers should be able to trust that the advertised savings and discount prices are genuine, but we know some businesses use tactics to mislead consumers into thinking they are getting a bargain even when they are not.”
“Retailers risk ACCC enforcement action if they misrepresent the size, scope or duration of their sales. Retailers should not be relying on fine print disclaimers or exclusions to qualify the headline message of a promotion,” Ms Lowe said.
Retailers must ensure their sales and discount claims are accurate, clear and not likely to mislead or deceive consumers. Retailers should review ACCC guidance on false or misleading claims when preparing their promotions.
Consumers are encouraged to focus on the end price of a product, not on promotional claims. This includes checking for any exclusions or conditions,and comparing prices between retailers and over time where possible. They should carefully consider the advertised price and buy only if the price and time is right for them.
“Consumers should be aware that a ‘sale’ sign doesn’t always mean it’s a good deal,” Ms Lowe said.
Examples of the type of advertising that the upcoming sweep will focus on
Example of a retailer that advertises a ‘sitewide’ sale when in fact there are a range of products which are excluded from the sale.
A fine print disclaimer is not sufficient to qualify the headline message of the promotion.
Example of the use of a countdown timer
Countdown timers, if not accurate, can create a false sense of urgency.
Example of a misleading price comparison, where the ‘strikethrough’ price is not a price that the product had been recently sold at
Background
The 2024 and 2025 Black Friday sweeps uncovered concerning sales advertising practices in Australian retail.
Following these sweeps, Michael Hill, My House and Hairhouse Warehouse Online paid penalties in June 2025, and digiDirect, James Lane and Vuly paid penalties in September 2026, for allegedly making false and misleading representations about their Black Friday Sales.
During Black Friday and Cyber Monday sales, consumers should also check they are buying from a legitimate seller and be especially alert to fake online shop fronts. These often use large discounts and “limited time” sales to encourage people to buy quickly and without confirming they are buying from a genuine online shop.
In the first nine months of 2026, 58.7 per cent of Scamwatch reports that included a financial loss were about buying and selling scams.
Media Release: Australian Consumer & Competition Commission (ACCC)
