Dodgy discounts: ACCC warns retailers ahead of Boxing Day sales

Regulator flags misleading discount tactics as enforcement focus sharpens on major retailers.

The Australian Competition and Consumer Commission has warned major retailers to ensure Boxing Day sales advertising does not mislead or deceive consumers, writing to a number of large retailers ahead of the peak sales period.

The warning follows a recent ACCC sweep of Black Friday sales, which identified ongoing concerns with how some discounts and promotions are being presented to shoppers.

Initial findings suggest some retailers are still using potentially misleading tactics, including countdown timers that do not reflect the true duration of a sale and promotions that overstate the breadth or size of discounts available.

Example of an ‘Up to’ X% off claim, where ‘up to’ text is easily missed by consumers.

Example of an ‘Up to’ X% off claim, where ‘up to’ text is easily missed by consumers.

Catriona Lowe, Deputy Chair of the ACCC, said retailers must ensure any sales or discount claims made during Boxing Day are accurate, clear and not likely to mislead consumers.

“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,” Lowe said.

The regulator said misleading pricing practices remain a compliance and enforcement priority, with the ACCC continuing to closely monitor sales claims, particularly from large retailers.

Example of the use of a countdown time which, if not accurate, can create a false sense of urgency.

Example of the use of a countdown time which, if not accurate, can create a false sense of urgency.

Retailers have been urged to review the ACCC’s guidance on advertising and promotions to ensure they comply with the Australian Consumer Law. Lowe warned the commission would not hesitate to take enforcement action where breaches are identified.

The ACCC also issued advice to consumers, encouraging shoppers to be cautious of broad discount claims and to look closely at exclusions, conditions and disclaimers.

“Focus on the final price, not the advertised discount, to assess whether you are getting a good deal,” Lowe said, particularly for higher-value purchases during major sales events.

Example of a retailer that advertises a ‘sitewide’ sale when in fact there are a range of products which are excluded from the sale.

Example of a retailer that advertises a ‘sitewide’ sale when in fact there are a range of products which are excluded from the sale.

Common practices flagged by the ACCC as potentially misleading include claims of site-wide sales with exclusions, ‘up to’ discounts that apply to only a small number of products, and ‘was/now’ pricing that does not reflect genuine previous prices.

In 2024, a similar ACCC sweep during the Black Friday and Boxing Day period led to investigations into several retailers. In June 2025, Michael Hill, MyHouse and Hairhouse Online paid penalties over alleged false and misleading Black Friday sales claims.

The ACCC encouraged consumers to report potentially misleading sales representations via its website, where images and detailed information can be submitted.

Keep on top of the most important media, marketing and agency news each day with the Mediaweek Morning Report – delivered free to your inbox.

To Top