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ACCC Puts Retailers On Notice Ahead Of Black Friday Sweep

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The ACCC will conduct a Black Friday sweep aimed at identifying misleading or deceptive advertising practices used by retailers during the peak sales period.

The regulator says it plans to examine a range of sales tactics, including claims that create a false sense of urgency, broad discount promises that do not reflect actual savings and statements such as site-wide or store-wide sales that exclude significant product categories.

ACCC Deputy Chair, Catriona Lowe, said retailers should be reviewing their sales messaging now to ensure compliance.

“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,” Lowe said.

She warned that misleading messaging has the potential to influence buying decisions in ways that harm consumers.

“Misleading advertising may influence a consumer’s behaviour and impact their ability to make an informed purchasing decision during the sales,” she said.

Lowe said the regulator will pay close attention to businesses previously identified as having problematic conduct.

“We will pay special attention to retailers who were identified as having problematic sales practices in the sweep we conducted during last year’s Black Friday and Boxing Day sales and expect to see improved compliance across the retail sector,” she said.

Retailers engaging in misleading or deceptive advertising during Black Friday could face enforcement action.

ACCC Urges Shoppers To Compare Prices Early

Lowe encouraged consumers to track current pricing so they can judge whether sales offer genuine discounts.

“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 compare the price and determine if they are making a legitimate saving,” she said.

The ACCC says consumers should be wary of broad claims about discounts or savings and should take time to review any conditions or disclaimers that could limit advertised offers.

“Consumers shopping during the Black Friday sales are encouraged to report promotions or ads that raise concerns to the ACCC, including images of the potential misconduct,” Lowe said.

Reports can be lodged through the ACCC website, where consumers can provide images and details of the conduct.

The regulator encourages retailers to review existing guidance on promotional conduct, particularly as misleading pricing remains a 2025-26 Compliance and Enforcement Priority.

Focus Areas For The 2025 Sweep

The upcoming sweep will focus on several types of conduct that have previously raised concerns:

  • Misleading time representations, such as countdown timers or claims like 3 days only that do not match the true sale duration

  • Claims of store-wide or site-wide sales that exclude multiple products or categories

  • Fine print or disclaimers that conflict with headline claims, such as member-only offers or excluded brands

  • Up to X per cent off claims where the up to qualifier is not prominent or where very few products receive the maximum discount

  • Misleading was or now pricing or strikethrough comparisons

Ongoing Investigations From The 2024 Sweep

The ACCC ran a similar sweep in 2024 across online and in-store advertising during the Black Friday and Boxing Day periods. That review found multiple concerning practices, including misleading timeframes, exclusion-heavy site-wide sales and unclear discount claims.

Following the 2024 sweep, the ACCC launched several investigations and wrote to retailers requiring them to justify their promotions.

In June 2025, Michael Hill, My House and Hairhouse paid penalties for allegedly making false and misleading representations during their Black Friday promotions.

Investigations from last year’s sweep are still underway.

Examples Highlighted For This Year’s Review

The ACCC provided examples of the types of advertising likely to be examined during the 2025 sweep:

  • Countdown timers that do not reflect the true duration of a sale, creating unwarranted urgency

  • Sitewide sale claims that exclude a substantial number of products

  • Up to X per cent off offers where the up to text is difficult to notice

The regulator says these tactics can mislead consumers into believing discounts are broader or more significant than they truly are.

Last Updated on November 11, 2025 by Nick Ross

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