Australian regulator launches Black Friday advertising sweep targeting retail pricing tactics

The Australian Competition and Consumer Commission announced on November 10, 2025, a comprehensive enforcement sweep targeting misleading advertising practices during the Black Friday sales period. The regulator will focus on pricing tactics that create false urgency or deceive consumers about actual savings opportunities.

ACCC Deputy Chair Catriona Lowe warned retailers to review their advertising practices before the promotional period begins. "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 stated in the announcement.

The enforcement action follows investigations from the commission's 2024 Black Friday sweep, which identified a range of concerning practices across Australian retail. In June 2025, Michael Hill, My House, and Hairhouse paid penalties for allegedly making false and misleading representations about their Black Friday sales. Several investigations from the 2024 sweep remain ongoing.

The sweep will examine four primary categories of potentially misleading conduct. Time-based representations that create false urgency top the enforcement priorities. Retailers using phrases such as "3 days only" or countdown timers that do not align with the actual duration of sales will face scrutiny. These devices manipulate consumer behavior by suggesting scarcity that may not exist.

Claims of store-wide or site-wide sales represent another focus area. The ACCC identified numerous instances where retailers advertised blanket sales coverage while excluding significant product categories or brands. Fine print disclosures that contradict headline claims about sales scope create confusion about what products actually qualify for promotional pricing.

Member-only deals add complexity to discount representations. Retailers advertising sales that require membership or subscription enrollment without prominent disclosure of these requirements may violate consumer law. The practice obscures the true availability of advertised pricing to general consumers.

The commission will examine "up to X% off" claims where the "up to" text appears in small or inconspicuous formatting. Enforcement will focus on situations where few products receive discounts at the maximum percentage advertised, misleading consumers about the magnitude of savings available across product ranges.

Strikethrough or "was/now" pricing representations require particular attention. According to the ACCC's guidance on false or misleading claims, businesses must have actually sold products at the higher price point for a reasonable period before advertising comparative savings. Products sold in limited quantities immediately before sales, or never sold at the higher price, generate misleading savings claims.

The enforcement sweep builds on regulatory frameworks established under the Australian Consumer Law. Section 18 prohibits misleading or deceptive conduct, while Section 29 specifically addresses false representations about prices. The law makes no distinction based on business intent. Information must be accurate and truthful regardless of whether a business intends to mislead.

According to the ACCC's published guidance, any statement creating a false impression about goods and services can breach consumer protection laws. This applies to all communication channels including advertising, product packaging, quotations, staff statements, social media, testimonials, and websites. Silence can constitute misleading conduct when businesses provide some information while omitting important details relevant to consumer decisions.

The commission emphasizes that businesses must back up claims with facts and evidence. Retailers should give current and correct information, use easy to understand language, and note important limitations or exemptions on promotional offers. Claims should be specific to avoid misunderstandings. Businesses must keep consumers updated if circumstances change, such as when supply constraints prevent delivery within advertised timeframes.

Price represents an important factor in consumer decision-making. The ACCC notes that misleading price claims may occur when products are offered "free" with undisclosed conditions, promoted at "sale" prices that are not temporary reductions, or advertised at particular prices without including GST or other costs in the displayed amount.

Businesses face substantial penalties for misleading consumers. Samsung Electronics Australia paid $14 million in June 2022 after admitting to misleading water resistance claims about mobile phones. The company published nine advertisements showing Galaxy phones used in pools and seawater despite knowing that pool and sea water could damage the devices by corroding charging ports.

For the marketing community, misleading pricing practices create unfair competitive advantages while eroding consumer trust. Retailers operating honestly face disadvantages when competitors use deceptive tactics to inflate apparent value propositions. The ACCC's enforcement priorities for 2025-26 specifically target consumer and fair-trading concerns in the supermarket and retail sectors, with particular focus on misleading pricing practices.

The sweep methodology involves both online and physical store monitoring. The ACCC encourages consumers to report promotions or advertisements that raise concerns, including images of potential misconduct. Reports submitted through the ACCC website allow consumers to provide detailed information and documentation supporting enforcement investigations.

Retailers identified as having problematic sales practices during the 2024 sweep will receive particular scrutiny. Deputy Chair Lowe indicated the commission expects to see improved compliance across the retail sector following last year's enforcement actions.

The timing of the announcement, coming just weeks before major promotional periods begin, provides retailers with advance notice to audit advertising practices. Businesses should verify that countdown timers reflect actual sale durations, ensure store-wide claims accurately describe product coverage, display membership requirements prominently, and confirm that maximum discount percentages apply to reasonable product selections.

Fine print qualifications must not conflict with the overall message of advertisements. Information provided in small text cannot contradict headline claims without creating misleading impressions. According to the ACCC's guidance, if an advertisement states a product is "free" while fine print mentions additional payments, the advertisement likely misleads consumers. Similarly, advertisements claiming "storewide" discounts with excluded products or brands noted only in fine print may violate consumer protection laws.

Comparative advertising requires particular attention during promotional periods. Comparisons about price, quality, range, or volume must be accurate and fair. The digital advertising industry has faced increasing scrutiny regarding transparency in pricing disclosures and auction practices. Retailers should ensure comparisons reflect genuine differences rather than artificially constructed advantages.

Bait advertising represents a prohibited practice under Australian consumer law. Promoting sale prices on products that are not available or available only in very limited quantities violates regulations unless businesses clearly disclose short supply or limited-time availability upfront. The practice draws consumers into stores or onto websites under false pretenses about product availability.

For the growing number of retailers using AI-generated advertising content, the ACCC's principles apply equally to automated and manually created promotional materials. Businesses remain responsible for ensuring accuracy regardless of content generation methods. Platform-level enforcement gaps identified in other jurisdictions do not absolve retailers of compliance obligations under Australian consumer law.

The enforcement sweep reflects broader regulatory attention to digital marketplace practices. The ACCC's Digital Platform Services Inquiry published findings in March 2025 showing 72% of Australian consumers encountered potentially unfair practices across digital marketplaces. Subscription traps, misleading pricing, and deceptive design patterns represent persistent consumer harms that enforcement actions seek to address.

International coordination on consumer protection has intensified. Microsoft faces Federal Court proceedings over allegations the company misled 2.7 million Microsoft 365 subscribers about pricing and plan options. The case demonstrates regulatory willingness to pursue major technology platforms over pricing transparency issues affecting Australian consumers.

Retailers operating across multiple jurisdictions must navigate varying regulatory frameworks. The ACCC's approach emphasizes substantive compliance over technical adherence to disclosure requirements. Businesses cannot rely on fine print qualifications to cure misleading headline claims. The overall impression created by advertising materials determines whether conduct misleads or deceives consumers.

Consumer education represents an important component of the ACCC's strategy. The commission encourages shoppers to check prices before Black Friday sales begin, enabling price comparisons that reveal whether promotions deliver genuine savings. Consumers should scrutinize broad claims about discounts and examine disclaimers or conditions in sales advertisements.

The sweep will generate data informing future enforcement priorities and policy development. Patterns identified across retail sectors provide insights into industry-wide practices that may require regulatory intervention beyond individual enforcement actions. The ACCC's systematic approach to seasonal promotions enables comparison of compliance trends across multiple promotional periods.

Documentation requirements for advertising claims place compliance burdens on retailers. Businesses must maintain records supporting all representations about products and services. These records become essential when regulatory investigations require proof that advertised prices reflected actual prior selling prices or that sale durations matched advertised timeframes.

Staff training represents a critical compliance element. According to the ACCC's guidance, statements by staff members, whether verbal or written, fall within the scope of conduct that can mislead consumers. Retailers must ensure employees understand policies regarding price representations and promotional claims to avoid inadvertent violations during customer interactions.

Digital platforms hosting retail advertising may face questions about their role in facilitating misleading conduct. While the ACCC's enforcement focus remains on retailers making false claims, platforms enabling distribution of deceptive advertising face reputational and potential legal risks. Industry self-regulation initiatives, including transparency standards for digital advertising auctions, address some concerns about platform governance.

The intersection of retail sales practices and programmatic advertising creates additional complexity. Automated bidding systems that optimize for conversion may incentivize misleading messaging when insufficient guardrails exist. Retailers using programmatic platforms for Black Friday promotions must verify that automated creative optimization maintains compliance with consumer protection requirements.

Small and medium-sized retailers face particular challenges navigating compliance requirements during high-volume promotional periods. Resource constraints may limit legal review capacity for advertising materials. The ACCC's published guidance provides accessible frameworks that smaller operators can apply without extensive legal consultation.

Consumer shopping behavior during promotional periods exhibits distinct characteristics that deceptive practices exploit. Time pressure, deal-seeking psychology, and comparison shopping across multiple retailers create vulnerabilities that misleading advertising manipulates. The ACCC's enforcement priorities directly address tactics designed to exploit these behavioral patterns.

Penalties assessed in previous enforcement actions establish benchmarks for potential consequences. The $14 million Samsung penalty demonstrates that the ACCC pursues substantial financial sanctions for significant misleading conduct. Businesses must weigh short-term sales gains from aggressive promotional tactics against potential enforcement costs including penalties, legal fees, and reputational damage.

The ACCC's compliance and enforcement policy emphasizes graduated responses matched to violation severity. Minor or inadvertent breaches may receive warnings or compliance guidance. Serious or repeated violations trigger formal investigations and court proceedings seeking penalties and other remedies. The commission considers factors including harm to consumers, extent of non-compliance, and business cooperation when determining appropriate responses.

Retailers should document their compliance processes as evidence of good faith efforts to meet legal obligations. When investigations occur, businesses that can demonstrate reasonable grounds for claims and systematic compliance procedures may receive more favorable treatment than those showing disregard for consumer protection requirements.

The sweep methodology combines proactive monitoring with consumer complaint analysis. Regulators examine retailer websites and physical advertisements while evaluating reports submitted by consumers and competitors. This multi-source approach identifies patterns that individual complaints might not reveal.

Competitive dynamics during Black Friday create pressure for retailers to match aggressive promotional tactics used by rivals. However, the presence of misleading advertising in a market segment does not justify additional businesses adopting similar practices. The ACCC's enforcement aims to establish compliance norms that prevent races to the bottom in advertising standards.

The relationship between digital advertising platforms and consumer protection enforcement continues evolving. Google has implemented stricter policies regarding advertiser verification and misleading claims in response to regulatory pressure. Platform-level interventions complement regulator enforcement but do not substitute for direct legal obligations businesses face under consumer protection laws.

International retailers selling to Australian consumers through e-commerce channels must comply with Australian consumer law regardless of their physical location. The ACCC has pursued overseas-based businesses including JustAnswer over alleged misleading conduct affecting Australian consumers. Cross-border enforcement presents jurisdictional challenges but does not exempt foreign retailers from compliance obligations.

For marketers developing Black Friday campaigns, the ACCC's priorities highlight specific claim types requiring verification before launch. Countdown timers should reflect actual sale durations with appropriate technical implementation. Store-wide or site-wide claims should accurately describe product coverage without relying on fine print exclusions. Percentage discount claims should apply to reasonable product selections rather than token items.

The commission's emphasis on overall impression rather than literal truth of individual statements means that technically accurate claims can still mislead when presented in deceptive contexts. Retailers must evaluate how reasonable consumers would interpret advertising materials rather than relying on narrow parsing of specific words or phrases.

Premium claims about product quality, benefits, or origins face heightened scrutiny during promotional periods. Statements suggesting products are "free-range," "cruelty-free," "environmentally friendly," or similar attributes must have reasonable evidentiary basis. Vague language provides limited value to consumers and may mislead when terms lack clear definitions or industry standards.

The ACCC encourages businesses to correct any misunderstandings promptly when consumers express confusion about promotional terms or conditions. Proactive clarification demonstrates good faith and may prevent complaints that lead to regulatory investigations. Retailers should monitor customer service interactions for recurring questions suggesting advertising creates systematic confusion.

Post-sale analysis provides valuable data for compliance improvement. Retailers should evaluate whether actual redemption patterns match advertised discount structures and whether consumer complaints suggest specific promotional elements generated confusion. This analysis informs refinements for future promotional campaigns while documenting compliance efforts.

Third-party advertising agencies creating promotional materials for retailers share responsibility for compliance. The ACCC's investigations may examine relationships between retailers and agencies when misleading advertising occurs. Advertising technology platforms have faced increased scrutiny regarding their role in facilitating and monitoring advertiser conduct.

The enforcement sweep represents ongoing regulatory attention to retail advertising practices rather than a one-time intervention. The ACCC's statement that investigations from the 2024 sweep remain ongoing indicates sustained focus on Black Friday compliance. Retailers should view the announcement as reinforcing permanent compliance obligations rather than temporary seasonal restrictions.

Consumer trust in promotional advertising affects market efficiency and competition. When widespread misleading practices erode confidence in discount claims, consumers become skeptical of legitimate promotions, harming honest retailers. The ACCC's enforcement aims to maintain market integrity benefiting compliant businesses and informed consumers.

Timeline

• March 2025 - ACCC Digital Platform Services Inquiry reveals 72% of Australian consumers encountered potentially unfair practices
• June 2025 - Michael Hill, My House, and Hairhouse pay penalties for allegedly misleading Black Friday representations
• September 23, 2025 - ACCC files Federal Court proceedings against JustAnswer over alleged misleading pricing and subscription practices
• October 9, 2025 - Admetrics releases 150-page Black Friday playbook following record 2024 sales of $10.8 billion
• October 27, 2025 - ACCC files Federal Court action against Microsoft over alleged Copilot subscription deception affecting 2.7 million Australians
• November 10, 2025 - ACCC announces Black Friday advertising enforcement sweep targeting misleading pricing tactics

Summary

Who: The Australian Competition and Consumer Commission, led by Deputy Chair Catriona Lowe, will conduct the enforcement sweep. The action targets Australian retailers across all market segments engaging in Black Friday promotions. Retailers identified during the 2024 sweep as having problematic practices will receive particular scrutiny. Consumers shopping during the promotional period are encouraged to report potential misconduct to the ACCC through the commission's website.

What: The ACCC will conduct a comprehensive enforcement sweep examining misleading advertising practices during the Black Friday sales period. The investigation focuses on misleading time representations including countdown timers and "3 days only" claims, store-wide or site-wide sale claims with exclusions, fine print disclaimers limiting headline claims, "up to X% off" representations where few products receive maximum discounts, and misleading was/now pricing where products were not actually sold at higher prices. Retailers using these tactics may face enforcement action including investigations, court proceedings, and penalties.

When: The ACCC announced the enforcement sweep on November 10, 2025. The sweep will focus on the Black Friday sales period, with monitoring occurring both before and during promotional events. The announcement timing provides retailers advance notice to review advertising practices before campaigns launch. Several investigations from the commission's 2024 Black Friday sweep remain ongoing, demonstrating sustained regulatory attention to seasonal promotional compliance.

Where: The enforcement action covers Australian retailers operating both online and in physical stores. The ACCC will monitor retail advertising across multiple channels including websites, social media, in-store displays, and other promotional platforms. The sweep applies to all retail sectors including fashion, electronics, homewares, and other consumer goods categories. International retailers selling to Australian consumers through e-commerce channels must comply regardless of their physical location.

Why: The enforcement sweep aims to prevent retailers from gaining unfair competitive advantages through misleading promotional claims while protecting consumers from deceptive advertising during major shopping periods. Misleading advertising influences consumer behavior and impairs the ability to make informed purchasing decisions. The ACCC's compliance and enforcement priorities for 2025-26 specifically identify consumer and fair-trading concerns in the supermarket and retail sectors, with particular focus on misleading pricing practices. The sweep addresses persistent compliance issues identified during the 2024 Black Friday period when numerous retailers engaged in concerning advertising practices.