ACCC Puts Retailers on Notice Ahead of Black Friday: What Businesses Need to Know

Published: November 2025

Source: Adapted from the ACCC media release, “ACCC puts retailers on notice ahead of Black Friday sweep” (10 November 2025).

Misleading “limited time” and “up to X% off” claims are in the ACCC’s sights this Black Friday — businesses must ensure truthful, transparent advertising.

As Australians gear up for another massive Black Friday sales period, the Australian Competition and Consumer Commission (ACCC) has announced a major compliance sweep — this time targeting misleading or deceptive sales tactics used by retailers.

The watchdog has made it clear: businesses must ensure their sales and discount advertising is truthful, transparent, and compliant with Australian Consumer Law.

What the ACCC Will Be Looking For

The 2025 Black Friday sweep will focus on identifying sales advertising that misleads consumers or creates a false sense of urgency. According to ACCC Deputy Chair Catriona Lowe, the Commission will be paying particular attention to:

• “Limited time only” claims that don’t match the true duration of a sale (for example, extended promotions that use countdown timers or “3 days only” banners).

• Misleading “sitewide” or “storewide” discount claims where exclusions apply.

• “Up to X% off” deals where few items are actually discounted at the maximum rate.

• Small print disclaimers that contradict headline offers (such as “members only” or “selected items excluded”).

• Inaccurate “was/now” or strikethrough pricing that exaggerates savings.

Why Retailers Should Take This Seriously

The ACCC’s 2024 sweep uncovered a range of misleading practices among major Australian retailers, including online and brick-and-mortar stores. As a result, several well-known brands — including Michael Hill, My House, and Hairhouse — paid penalties in mid-2025 for false and misleading Black Friday advertising.

Now, with Black Friday approaching, the ACCC is warning retailers that repeat offenders will be closely watched.

Businesses found to be engaging in deceptive sales tactics could face enforcement action under Australian Consumer Law.

Advice for Consumers

For consumers, the ACCC recommends checking prices in advance to identify genuine savings and watching for disclaimers that limit the scope of advertised discounts. Shoppers are also encouraged to report suspicious or misleading promotions — including screenshots or images — directly through the ACCC website.

The ACCC’s Ongoing Compliance Focus

Consumer and fair trading issues — especially misleading pricing and retail promotions — remain a 2025–26 Enforcement Priority for the ACCC. Retailers are encouraged to review the Commission’s guidance on advertising and promotions to ensure full compliance before launching sales campaigns.

How Bane Legal Services Can Help

While Bane Legal Services is not a law firm and does not provide legal advice, we understand the serious compliance risks that come with misleading advertising.

With over 30 years of commercial experience, Bane Legal Services connects businesses with the right commercial or consumer law specialists who can:

• Review your advertising and promotional practices for compliance

• Advise on your obligations under Australian Consumer Law

• Help you manage potential ACCC investigations or enforcement actions

Before your next big sales campaign, ensure your marketing passes both the consumer test and the regulator test.

Need help finding the right commercial lawyer?

Bane Legal Services connects you with trusted, experienced legal professionals who understand your business — and can help you stay compliant this Black Friday season.

Source: ACCC Media Release – 10 November 2025