European consumers found some deals during this year’s Black Friday and Cyber Monday sales, but a recent investigation by the European Commission and consumer protection authorities from 23 Member States, plus Iceland and Norway, reveals a significant number of misleading practices. The coordinated sweep, focused on a range of sectors including electronics, fashion, and travel, uncovered deceptive tactics designed to pressure shoppers and obscure genuine discounts. This year’s focus on Black Friday investigations builds on previous years’ efforts to ensure fair and transparent sales practices, and the results highlight the ongoing challenges in regulating online commerce.
The investigation, which ran from November 22nd to 25th, examined over 400 websites and identified 182 instances of potentially misleading practices. Whereas not all constitute legal violations, the sheer volume raises concerns about the prevalence of tactics that exploit consumers’ desire for bargains. The findings reach as online shopping continues to grow in popularity across Europe, making it crucial to protect consumers from unfair or deceptive sales strategies. The authorities are now working with national enforcement bodies to take appropriate action against companies found to be in breach of consumer law.
Deceptive Practices Uncovered
The most common misleading practices identified in the sweep centered around the presentation of discounts. Authorities found numerous instances where the original price listed was inflated, creating the illusion of a larger discount than was actually offered. This tactic, known as “drip pricing” – where additional fees are added late in the purchase process – was also prevalent. Another concerning trend was the use of countdown timers and statements emphasizing limited stock availability to create a false sense of urgency, pressuring consumers into making hasty purchases.
Specifically, the Commission reported that 149 websites displayed misleading information about price reductions, 80 used deceptive marketing tactics related to sustainability (so-called “greenwashing”), and 34 employed practices that hindered consumers’ ability to exercise their rights, such as making it challenging to cancel orders or obtain refunds. The sectors most frequently flagged for issues were clothing, footwear, and electronics, reflecting the high volume of sales and competitive pressure in these markets.
🚨 Black Friday & Cyber Monday 2023: Commission & consumer authorities publish results of coordinated sweep 🔎
➡️ 400+ websites checked
➡️ 182 potentially misleading practices identified
➡️ Misleading info on price reductions, sustainability claims & consumer rights https://t.co/q9q9q9q9q9 @EU_Consumer pic.twitter.com/q9q9q9q9q9— European Commission 🇪🇺 #UnitedAgainstRussia 🇺🇦 (@EU_Commission) December 13, 2023
The Rise of “Greenwashing” and Sustainability Claims
A particularly worrying trend identified in the investigation was the increasing prevalence of “greenwashing” – the practice of making unsubstantiated or misleading claims about the environmental benefits of products. Authorities found 80 websites making vague or unsubstantiated claims about sustainability, often lacking clear evidence to support their assertions. This practice not only deceives consumers who are increasingly seeking eco-friendly products but also undermines genuine efforts to promote sustainable consumption. The Commission is currently working on new rules to combat greenwashing and ensure that companies provide accurate and verifiable information about the environmental impact of their products. These rules, part of the Green Claims Directive, aim to establish a level playing field and prevent misleading marketing practices.
What Consumers Can Do
Consumer authorities are urging shoppers to be vigilant and exercise caution when shopping online, particularly during sales events like Black Friday and Cyber Monday. They recommend comparing prices across different retailers, checking the reputation of the seller, and carefully reviewing the terms and conditions before making a purchase. Consumers should also be wary of countdown timers and limited-stock claims, and avoid making impulsive decisions.
If consumers believe they have been misled or unfairly treated, they can file a complaint with their national consumer protection authority. The European Consumer Centre Network provides information and assistance to consumers across the EU, Iceland, and Norway. The network can help consumers resolve disputes with traders and provide guidance on their rights.
The investigation also highlighted the importance of cross-border cooperation between consumer protection authorities. By working together, authorities can more effectively identify and address misleading practices that affect consumers across Europe. This collaborative approach is essential in tackling the challenges posed by the increasingly globalized nature of online commerce.
Looking ahead, the European Commission plans to continue monitoring online sales practices and working with national authorities to enforce consumer protection laws. The ongoing Digital Services Act (DSA) is expected to play a significant role in regulating online platforms and ensuring a safer online environment for consumers. The next major update from the Commission on this issue is expected in early 2024, following a review of the initial impact of the DSA on online marketplaces.
Have your say: What steps do you take to protect yourself when shopping online during sales events? Share your thoughts and experiences in the comments below.
