Retailers warned as misleading sitewide discount claims draw ACCC focus
The Australian Competition and Consumer Commission (ACCC) has recently cracked down on several well-known of retailers for making false and misleading claims during their Black Friday sales. These businesses were fined for misrepresenting the nature of their online sales, specifically advertising discounts as applying ‘sitewide’, when in reality, significant exclusions were applicable.
Your legal obligations under the Australian Consumer Law
Under the Australian Consumer Law (ACL), businesses must not engage in conduct that is misleading or deceptive, or likely to mislead or deceive. The ACL also prohibits false or misleading representations about the price or the existence of a discount.
These are core consumer protection provisions. When assessing conduct, the focus is on the overall impression given to the consumer, meaning that the disclaimers or ‘fine print’ won’t protect a business if the overall impression is misleading.
The ACCC has stressed that businesses have a legal obligation to accurately describe their sale offers.
Why this matters for your business
The ACCC’s review of Black Friday and post-Christmas sales advertisements uncovered widespread concerns about the accuracy of promotional claims. This signals a broader crackdown on deceptive marketing tactics, especially during high-volume sales periods.
It also reflects the ACCC’s 2025–26 priorities, which include keeping a close eye on misleading pricing in the retail sector. As online shopping grows and consumers turn to sales for savings, clear and honest advertising has never been more important.
Key takeaways for retailers
Be clear and accurate: Promotional language must reflect the true scope of the offer.
Avoid blanket terms: Phrases like ‘sitewide’ or ‘storewide’ should only be used if they apply to all products.
Disclose exclusions prominently: If exclusions apply, make sure they’re clear and not buried in fine print.
Review marketing materials: Ensure all advertising complies with the ACL and doesn’t offer a misleading overall impression.
The ACCC’s recent action is a timely reminder that misleading pricing practices carry real risk and will be monitored. As the retail sector gears up for the End of Financial Year sales and future promotional periods, now is the time to ensure advertising is transparent, accurate, and compliant with consumer law or risk facing regulatory penalties.
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