Fake countdown timers, pre-ticked extras and hidden fees: what's illegal this Black Friday
The CMA has just fined Wayfair £4.8 million over 'Flash Deals' that didn't end. Here's what the law says about fake deadlines, pre-ticked extras and hidden fees, and how to get your money back.
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What's happened
Countdown clocks, "today only" banners and extras that sneak into your basket will be everywhere in the run-up to Black Friday. The regulator has just shown how seriously it takes them. On 14 October the Competition and Markets Authority (CMA) fined three firms a total of £6 million.
Wayfair was fined £4.8 million for "Daily Deals" and 24-hour "Flash Deals" with countdown timers, when many products stayed at the same or a lower price after the deadline. Appliances Direct was fined £1.2 million for automatically adding paid extras, such as removing your old appliance and installing the new one, and for pop-up countdowns offering £10 to £25 off "for a limited time" when the same codes kept coming back. Gold's Gym, a franchise running four London gyms, was fined £45,000 for leaving its joining fee out of the price. All three admitted breaking the law, and customers will get about £440,000 back.
What the rules say
These rules apply across the UK, in England, Scotland, Wales and Northern Ireland.
- Fake deadlines are banned outright. Under the Digital Markets, Competition and Consumers Act 2024 (DMCC Act), Schedule 20, paragraph 7, it's always unfair to falsely say a product will only be available for a limited time to get you to decide straight away. A genuine deadline is fine; one that resets or rolls over is not.
- The price you see must include compulsory fees. Section 230 of the DMCC Act, in force since 6 April 2025, says the total price must include any fees or charges you'll necessarily pay, such as a joining fee or booking fee. Hiding them, or showing them unclearly or too late, counts as leaving them out. Delivery charges not in the price must also be shown.
- No paid extras without your clear say-so. Under regulation 40 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, a trader can't charge for anything beyond the main item unless you gave your express consent before buying. A pre-ticked box doesn't count. If you were charged anyway, the law treats the contract as requiring the trader to refund you.
Since April 2025 the CMA can fine firms directly, up to 10% of their global turnover or £300,000, whichever is higher.
What it means in pounds: a worked example
This is an illustration, not a real case.
Amira orders a £399 washing machine in a "deal ends in 00:14:59" sale. She doesn't notice that "remove and recycle my old machine" (£20) and "installation" (£30) were already ticked, and pays £449. When the clock hits zero, the deal is still there the next day.
The £50 of extras was added without her express consent, so under regulation 40 she's entitled to that money back. She writes to the retailer, quoting the regulation, and asks for £50. The fake countdown is a breach too, which she can report.
If she'd joined a gym advertised at "£30 a month" and then found a compulsory £50 joining fee at the checkout, that fee should have been in the headline price. She could complain to the gym and report it to Trading Standards through the consumer helpline.
What to do now
- Check your basket before you pay. Untick anything you didn't choose, and look at the final total, not just the headline price.
- Ignore the clock. If a countdown is pushing you, take a screenshot and come back later. If the deal's still there, it wasn't a real deadline.
- Ask for a refund in writing for any extra you didn't agree to, quoting regulation 40 of the Consumer Contracts Regulations 2013. Keep screenshots of the checkout and your order confirmation.
- Go to your card provider if the trader won't pay. You can ask for a chargeback, and if you paid by credit card for something costing over £100, you may be able to claim under section 75 of the Consumer Credit Act.
- Report it. In England and Wales, call the Citizens Advice consumer helpline on 0808 223 1133, which passes reports to Trading Standards. In Scotland, contact Advice Direct Scotland on 0808 800 9060. In Northern Ireland, call Consumerline on 0300 123 6262.
Your questions answered
Do I need to do anything if I shopped with Appliances Direct or Gold's Gym?
No. The CMA says both firms will contact affected customers, and refunds will normally go back to the original payment method. Appliances Direct's refunds average £25.
Are all countdown timers illegal?
No. A timer for a sale that genuinely ends at that moment is allowed. What's banned is claiming an offer is time-limited when it isn't, for example when the clock resets or the same price carries on afterwards.
Is a delivery charge a hidden fee?
Not if it's shown before you buy. Section 230 says delivery charges that aren't in the price must be made clear, and fees you can't avoid, such as a compulsory booking fee, must be in the total price.
Sources: CMA: fines of £6 million for misleading sales tactics, DMCC Act 2024, Schedule 20, DMCC Act 2024, section 230, Consumer Contracts Regulations 2013, regulation 40, Consumer Credit Act 1974, section 75, Citizens Advice consumer service, GOV.UK: consumer advice
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