Emma Sleep faces CMA probe into online sales practices

// Emma Sleep under CMA probe over concerns that it is misleading shoppers with sales tactics
// The CMA will look at whether the retailer’s online sales strategies are breaching consumer law

Emma Sleep is facing a CMA investigation over concerns that some of its online sales strategies may breach consumer law.

The CMA is investigating whether the mattress retailer has misled shoppers with urgency tactics such as countdown timers in an effort to pressure them into buying.

As part of its consumer enforcement programme, The CMA will look into online sales practices including:

• Countdown clocks, where sellers put pressure on shoppers to buy quickly

• ‘50% off’ discounts, when the original price reduction may not be as much


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“Nearly all of us shop online and it’s easier than ever to buy something at the click of a button,” CMA interim chief executive, Sarah Cardell said.

“With the rising cost of living, genuine deals are worth shouting about – but companies using misleading ‘sale’ prices or fake countdown clocks can put unfair pressure on people to buy and could break consumer law.

“The CMA is today reminding businesses they should not use urgency claims to mislead consumers and, if they do, they face the risk of CMA action.

“This investigation into Emma Sleep is just the start of our work into potentially misleading online claims and all sectors are under scrutiny. Companies should take note: look at your own practices and ensure they’re in line with the law.”

In a similar situation, Argos came under scrutiny by the ASA in October over claims it was “misleading” shoppers with an online Xbox advert.

The retailer‘s website showed two Xbox consoles in September and October 2021 with captions such as “Going Fast! Last purchased 1 minute ago” and “Selling Fast! Purchased 24 times since your last visit”.

Two complainants challenged statements such as “last purchased one minute ago” and “selling fast! purchased 24 times since your last visit”. ASA found that because Argos had not been able to substantiate the claims about recent purchases stated in the ad, the ad was “misleading and breached the Code”.

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