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Beware of “dark pattern” ads during Black Friday
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Beware of “dark pattern” ads during Black Friday

As Black Friday approaches, expect your inboxes and social feeds to be saturated with deals over the coming weeks.

But while it’s easy to get lured by promotions this time of year, be aware that online ads for Black Friday deals don’t always tell the whole story.

A number of well-known brands have been criticized for misleading advertising in recent years, particularly around the busy festive shopping period.

Some have even had their adverts banned by the Advertising Standards Agency (ASA) for using ‘dark pattern’ tactics, which can be used to trick online shoppers into clicking on promotions.

Before you start your Christmas shopping, find out what dark patterns are, how to avoid missed deals and how to report misleading adverts.

What are dark pattern tactics?

Dark patterns are tactics used by retailers to trick consumers into clicking on ads, only for key information to be displayed at a later point in the customer journey.

Drip pricing is an example of a dark pattern tactic. This is where companies present an upfront price – perhaps in a promotional ad or on a product listing – but then add a sneaky fee later in the checkout process.

This practice was made illegal earlier this year under the Digital Markets, Competition and Consumers (DMCC) Act.

Other examples might be ads that don’t include key terms and conditions regarding subscriptions or clear information about products that are excluded from a promotion outright.

Retailers who do not clearly indicate when a promotion begins or ends (or who use pressure to entice shoppers to click and buy) may also engage in deceptive practices.

Likewise, retailers who fail to label paid or sponsored adverts on social media are breaking ASA rules.

Nike, Sky and PrettyLittleThing ads banned

Advertisements for Nike and Sky, circulating last December, were banned by the ASA for using tactics likely to mislead consumers.

Nike had advertised a pair of trainers for £26 on The Sole Supplier’s (formerly Twitter) X account, but failed to disclose that the promotion was only for children’s sizes.

Sky’s advert was for a free trial of Now TV. But the announcement didn’t specify that the trial would automatically renew for a fee unless canceled.

PrettyLittleThing was also reprimanded – for the eighth time in four years – for breaking ASA rules last Black Friday.

The regulator found a number of misleading advertisements on its X account, with discounts ranging from 30% to 99%. These publications often included varying deadlines or no deadlines at all and did not specify that certain lines were excluded from promotions.

How to avoid being fooled by Black Friday ads

  • Compare prices Black Friday deals aren’t always what they seem. When we investigated Black Friday deals in 2023, we found that 93% of products from previous Black Friday “sales” were already available at the same price or less in the previous six months. To make sure you’re really getting a good deal, try using price comparison sites to see how the item you’re looking for has been priced throughout the year.
  • Beware of sneaky fees at checkout Drip pricing (where retailers add sneaky fees during the customer journey) can give you a nasty surprise at checkout. This practice is now banned, but it was particularly widespread in the travel industry. It’s worth checking the final price of your basket to make sure it matches the originally advertised price.
  • Don’t rush to make your purchase Be wary of retailers who use high-pressure sales tactics (such as countdown timers or alerts that products are “selling out fast”). It’s important not to rush into placing an order online – take a minute to assess whether you really have the item or whether you could find it even cheaper elsewhere.
  • Make sure you are clear about the subscription terms and conditions Before signing up for free trials or subscription offers, make sure you have checked whether the service will automatically renew at the end of the free period and how to cancel it if you want to stop the service.
  • Check that what you are purchasing is eligible for the promotional discount. Retailers do not always clearly indicate whether all product lines are included in their promotions. Always check that the advertised discount has been applied before entering your card details.

How to report misleading Black Friday ads

If you come across advertisements that you believe are misleading, you can report them to the ASA.

We also look forward to seeing examples of retailers engaging in dark pattern tactics during the Black Friday shopping period. Send your screenshots to [email protected].