Excerpt
Emma Matratzen GmbH is being accused for misleading consumers by creating an impression that their sale was time-limited with a countdown clock, despite starting another sale for new customers immediately after the "flash sale" ended.
Our analysis
The case involves a complaint against Emma Matratzen GmbH for creating impression that the sale was time-limited. The ad featured a countdown clock suggesting a "flash sale" and "up to 50% off" their products for a limited time period, but it was found that another sale for new customers started immediately after the "flash sale" ended, making the offer not actually time-limited. The use of the countdown clock was likely to pressurize consumers into making a hasty purchase decision, so the ASA ruled that the ad was misleading and must not appear again in its current form.
Outcome
The CMA has initiated an investigation into the Emma Group and will be working with them to gather evidence. The purpose of this investigation is to determine whether any of the companies within the group have violated consumer protection laws.
Parties
Competition and Markets Authority (CMA) and Emma Sleep GmbH
Case number
G22-1141037
Decision
Related deceptive patterns
When a user is placed under time pressure, they are less able to critically evaluate the information shown to them because they have less time and may experience anxiety or stress. Providers can use this to their advantage, to push them into completing an action that may not entirely be in the user's interest.
Related laws
Sets standards for advertising, sales promotion, and direct marketing practices in the UK.