Fake 'was' prices this Black Friday: what the law says and how to get your money back

What's happened

With Black Friday on 27 November, a High Court ruling on "was" prices is a timely reminder that a struck-through price isn't always what it seems.

On 30 July 2026 the High Court ruled in the Competition and Markets Authority's (CMA) case against the online mattress seller Emma Sleep. Emma admitted several breaches of consumer law, including showing a struck-through "was" price for a new product that had never been sold at that price, and using a reference price that wasn't the price charged just before the promotion. In a settlement approved in May, it also admitted using misleading countdown timers and false "high demand" messages.

The CMA lost on its bigger argument. It wanted a fixed rule that, roughly, at least one product had to sell at the higher price for every two sold at the discount, or the "was" claim would have to go. Mr Justice Richards refused, saying a blanket ratio risked "drawing the line in the wrong place". The final order is still being worked out.

For shoppers, there's no magic number that makes a discount genuine, but a "was" price that was never really charged is still unlawful. If one fooled you into buying, you may be able to get money back.

What the law says

Under the Digital Markets, Competition and Consumers Act 2024 (DMCC Act), which took over from the old unfair trading rules on 6 April 2025, a business carries out a "misleading action" if it gives false or misleading information about a product or anything else relevant to your decision to buy (section 226). Schedule 20 also bans outright some practices, including falsely saying a product will only be available for a limited time to rush you into a decision, and fake consumer reviews.

Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 gives you "rights to redress" if a trader's misleading action or aggressive practice was "a significant factor" in your decision to buy. The DMCC Act revoked those regulations, but Part 4A has been kept in force until the government makes new rules under section 233 of the Act. Your rights are:

• The right to unwind. You can reject the product and get a refund, as long as you do so within 90 days, counted from the later of when you made the contract and when the goods were delivered, and the goods haven't been fully used up.
• The right to a discount. If you keep the item, or it's too late to unwind, you can claim part of the price back: 25% if the practice was "more than minor", 50% if "significant", 75% if "serious" and 100% if "very serious".

Separately, if you bought online, the Consumer Contracts Regulations 2013 let you cancel for any reason within 14 days of the goods arriving. The seller must refund you within 14 days of getting the goods back or receiving evidence that you've sent them.

A worked example

Which? tracked 208 products on offer on Black Friday 2022 and found only five were at their cheapest on the day. One example: Apple AirPods (2nd generation) were cut from £139 to £119 at Argos and Currys, but had sold for £99 to £109 between May and September. That isn't necessarily unlawful, as £139 may have been the price just before the sale, but buyers paid at least £10 more than earlier in the year.

Now take a hypothetical £200 coffee machine advertised as "was £300, now £200", where the £300 price was never actually charged. If the false saving was a significant factor in your decision:

• Within 90 days you could unwind the contract: return it and get the full £200 back.
• If you'd rather keep it, a discount of 25% would be £50, 50% would be £100, and 75% would be £150.
• If you're still within 14 days of delivery, the simplest route is just to cancel and get £200 back, no questions asked.

What to do now

1. Screenshot the deal. Before you buy anything on Black Friday, capture the "was" and "now" prices, any countdown timer or "only 2 left" message, and the date.
2. Check the price history. If the item has been at the "now" price for months, the saving isn't real.
3. Use your 14 days first. For online orders, cancelling under the Consumer Contracts Regulations is quicker than arguing about whether a price was misleading.
4. Write to the trader. If you're outside 14 days but within 90, say clearly that you are rejecting the product, or claim a discount. Wording such as: "On [date] I bought [item] for £[x], advertised as reduced from £[y]. I have evidence that it was never sold at £[y]. This misleading action was a significant factor in my decision. Under Part 4A of the Consumer Protection from Unfair Trading Regulations 2008, I am exercising my right to unwind the contract and ask for a full refund within 14 days."
5. Report it. Call the Citizens Advice consumer helpline on 0808 223 1133 (Monday to Friday, 9am to 5pm). Advisers can pass complaints on to Trading Standards.
6. Escalate if needed. If the trader refuses, you can take your claim to the small claims court.

Your questions answered

Does the Emma Sleep ruling mean retailers can now show any "was" price they like?

No. The court refused to set a fixed sales ratio, but Emma still admitted breaking the law by using "was" prices it hadn't charged. Each case depends on the circumstances.

Can I use these rights if I bought in a shop, not online?

Yes. The rights to unwind and to a discount apply whether you bought online or in store. The 14-day no-reason cancellation right only applies to online, phone and other distance purchases.

What if the countdown timer just reset when it reached zero?

Falsely saying a product is only available for a limited time to hurry you into buying is one of the practices banned outright under Schedule 20 of the DMCC Act. Take screenshots and report it.

Can the CMA fine retailers for fake discounts?

Yes. Since April 2025 it can decide for itself whether consumer law has been broken and fine businesses up to £300,000 or 10% of global turnover, whichever is higher.

Sources: CMA: Emma Group case, High Court judgment [2026] EWHC 1995 (Ch), DMCC Act 2024, Part 4 Chapter 1, DMCC Act 2024, Schedule 20, Consumer Protection from Unfair Trading Regulations 2008, Part 4A, Consumer Contracts Regulations 2013, CMA online pricing drive, Which?, Citizens Advice