Have you ever been caught out by a time limited deal whilst shopping online? Not long ago, I was. If I’d waited another day, a new offer would have saved me an extra £16 but the “offer ends tonight” email hooked me in. I was fuming when I received an email the next day specifically showing the item in question at its new, lower, price.
The Competition and Markets Authority (CMA) has published an open letter to ‘help businesses understand their obligations when making urgency claims (for example countdown timers; ‘act fast’ messages) and price reduction claims online’. The CMA’s letter urges businesses to audit their own business practices and take action if they are engaged in any of the practices set out in the letter known (rather dramatically) as ‘dark patterns’. These include:
If you’re a trader selling goods, services or digital content online, it’s vital that you get to grips with your practices and ensure they are fair to consumers. This is an area the CMA is particularly interested in at present. It has yet to conclude its investigation into time limited deals practices at mattress seller Emma Sleep (which began in November 2022) but that’s not the only investigation going on. It announced an investigation into Wowcher on 31 March 2023. Watch this space for news on the outcomes but don’t delay your audit of your own practices in the meantime. For more information, including the full list of banned practices, please contact a member of our Corporate and Commercial team.
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