The ACCC has written to a number of major retailers ahead of the Boxing Day sales to remind them of their obligations under the Australian Consumer Law when advertising sales and promotions.
These letters follow a Black Friday Sales sweep by the ACCC to identify misleading or deceptive sales advertising by retailers.
Initial findings from the ACCC's sweep indicate that retailers are still using a range of potentially misleading strategies during promotions, including misleading time representations (such as the use of countdown timers that may not align with the full duration of the sale), and promotions that may misrepresent the true scope of discounts available to consumers.
The ACCC will continue to assess the results of its sweep and will take next steps as appropriate.
"All retailers must ensure that any sales or discount claims they make during the Boxing Day sales are accurate, clear and not likely to mislead or deceive consumers," ACCC Deputy Chair Catriona Lowe said.
"We are concerned that despite many warnings, some retailers are still using a range of tactics to misrepresent the size or scope of discounts and the duration of sales to consumers."
"Misleading pricing practices in the retail sector is a compliance and enforcement priority for the ACCC, and we will continue to closely monitor any sales or discount claims made, particularly by large retailers," Ms Lowe said.
Retailers should review the ACCC's guidance on advertising and promotions to ensure they are complying with the Australian Consumer Law.
"If a retailer is found to be in breach of the law, we will not hesitate to take enforcement action," Ms Lowe said.
Sales and discounts are persuasive techniques used by retailers to influence consumer purchasing decisions.
"As sales periods become longer and more frequent, we want to ensure that the discounts being advertised to consumers are genuine," Ms Lowe said.
The ACCC encourages consumers to be wary of broad claims about discounts or savings during sales periods and to check for any disclaimers or conditions in sales advertisements.
"We encourage consumers to shop around, compare, and keep an eye on prices before big sales events like Boxing Day, particularly if you have been waiting to make a significant purchase. Focus on the final price, not the advertised discount or promotion, to assess whether you are getting a good deal," Ms Lowe said.
The best way for consumers to report any potentially misleading or deceiving sales representations is by the ACCC website, where images and specific detail can be provided.
Background
The ACCC expects retailers to not make the following representations in any sales promotions:
- 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 sweep of sales advertising by Australian retailers online and in store 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 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 and misleading representations about their Black Friday sales. The ACCC has a number of other investigations relating to misleading and deceptive sales practices underway.
Examples of advertising that may raise concerns
Above: Example of the use of a countdown time which, if not accurate, can create a false sense of urgency.
Above: Example of a retailer that advertises a 'sitewide' sale when in fact there are a range of products which are excluded from the sale.
Above: Example of an 'Up to' X% off claim, where 'up to' text is easily missed by consumers.
