ACCC warns major retailers to not mislead or deceive consumers during Boxing Day sales
The national consumer regulator is warning big retailers not to mislead shoppers as Boxing Day sales ramp up across Australia. The ACCC has urged businesses to ensure their discounts and promotions are genuine and clearly advertised, not tricks that confuse or deceive customers.
ACCC warns retailers
The Australian Competition and Consumer Commission has written to a number of major retailers ahead of Boxing Day, reminding them of their obligations under the Australian Consumer Law when advertising sales and promotions. Deputy Chair Catriona Lowe said all sales and discount claims must be “accurate, clear and not likely to mislead or deceive consumers.”
These letters follow a recent Black Friday sales sweep, where the ACCC reviewed retailers’ online advertising to identify potentially misleading practices. Initial findings suggest some businesses are still using questionable tactics during major sales events.
Misleading tactics under scrutiny
The ACCC’s initial review found retailers using misleading time representations, such as countdown timers or phrases like “3 days only” that do not match the real duration of the sale. It also identified promotions that may misrepresent how big or widespread discounts actually are.
Among the tactics of concern are:
- Claims of “store-wide” or “site-wide” sales when significant exclusions apply.
- Fine print or disclaimers that quietly limit headline offers, including member-only deals or excluding popular product ranges.
- “Up to X% off” promotions where the “up to” is not prominent, or only a small number of products are discounted at the maximum rate.
- Misleading “was/now” or strikethrough pricing that does not reflect genuine previous prices.
Enforcement and retailer obligations
The ACCC has made misleading pricing practices in retail a compliance and enforcement priority. Lowe said the regulator will “continue to closely monitor any sales or discount claims made, particularly by large retailers,” and warned that enforcement action will be taken if businesses are found to be in breach of the law.
Retailers are being urged to review ACCC guidance on advertising and promotions to ensure their Boxing Day campaigns comply with the Australian Consumer Law. The regulator emphasises that sales and discounts are powerful marketing tools and must not be used in ways that create a false impression of savings.
Advice for consumers
With sales periods becoming longer and more frequent, the ACCC wants shoppers to be confident that discounts are genuine rather than inflated or misleading. Consumers are encouraged to:
- Be wary of broad claims about discounts or “huge savings” and always look for conditions or exclusions.
- Check fine print and disclaimers, particularly for member-only deals or heavily advertised offers.
- Track prices before major sales if planning a significant purchase and focus on the final price, not just the advertised percentage off.
Lowe said consumers should “shop around, compare, and keep an eye on prices before big sales events like Boxing Day” to make sure they are getting a real bargain, not just clever marketing.
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