Rubix StudiosRubix Studios
Vincent is the founder and director of Rubix Studios, with over 20 years of experience in branding, marketing, film, photography, and web development. He is a certified partner with industry leaders including Google, Microsoft, AWS, and HubSpot. Vincent also serves as a member of the Maribyrnong City Council Business and Innovation Board and is undertaking an Executive MBA at RMIT University.
The Australian Competition and Consumer Commission (ACCC) has issued a strong directive to retailers ahead of Black Friday 2025, advising that promotional conduct will be subject to heightened scrutiny. This notice forms part of the regulator’s broader enforcement agenda to ensure advertising accuracy, fair pricing, and truthful representation across retail channels.
The 2024 ACCC sweep into online and in-store discount advertising revealed pervasive non-compliance with Australian Consumer Law (ACL). Misleading claims surrounding discount depth, sale duration, and promotion scope were identified as common breaches.
In June 2025, enforcement actions were formalised, resulting in infringement penalties of $19,800 each against:
These cases confirmed the ACCC’s position that exaggerated or ambiguous sale representations constitute misleading conduct under sections 18 and 29 of the ACL.
Retailers have been advised to review advertising practices across the following areas of concern.
Countdowns and "3 days only" claims must match the actual sale window. Extending a sale after a countdown ends, or resetting timers, creates artificial urgency and invites action under ACL section 18. Implement a master promo calendar, lock end-times in CMS, and alert legal on any mid-campaign extension for revised copy.
"Storewide" or "sitewide" must mean genuinely broad coverage. If core categories are excluded, the headline is inaccurate. Use an exclusions matrix signed off at campaign approval, publish exclusions with equal prominence, and prohibit creative that pairs "sitewide" with material carve-outs.
"Up to X% off" must reflect a meaningful portion of range and display the "up to" qualifier clearly near the discount figure. Maintain a SKU-level mapping of the maximum-discount cohort and ensure the creative hierarchy does not bury qualifiers.
Disclaimers cannot contradict the headline. Member-only deals, category exclusions, or spend thresholds must be clear upfront, not relegated to footers. Require a prominence check (font size, contrast, proximity) and ban conditions that materially narrow the headline without equal-weight disclosure.
"Was/now" and strikethrough prices need a genuine, recent price history for a reasonable period. Maintain price-history logs per SKU and avoid short-term "yo-yo" pricing before claiming savings. Align to ACCC guidance on advertising and claims substantiation.
The ACCC expects clear, evidenced, consistent, and accessible promotions. In practice this means claims must be true and based on reasonable grounds, with businesses able to prove them upon request.
Retain substantiation files for all campaign claims, including price histories, range coverage, and creative approvals. Position material information where consumers naturally look and test for comprehension across mobile and desktop.
Retailers are encouraged to maintain substantiation records for all sale claims, including historical pricing evidence and approval sign-offs for promotional material.
This section translates expectations into operational checks Rubix Studios can implement across retail clients. Build these into a pre-flight and in-flight protocol owned jointly by marketing, eCommerce, and legal.
Evidence
For every promoted SKU, export a 90-day price timeline, show the pre-promotion reference price, and store proof of sales at that price. Use automated reports from your PIM/ERP and lock the dataset at campaign go-live.
Claims
Introduce a claims register covering "sitewide", "up to", "save X", and "was/now". Map each claim to the applicable SKU set and discount logic. Require legal sign-off for any headline that could be read broadly.
Testing
Run an A/B-style prominence check before launch. Validate that qualifiers and exclusions meet minimum font size, contrast ratio, and proximity to the headline on mobile hero banners, PLPs, and cart. Capture screenshots for the file.
Control
Centralise countdown timers via a single service that cannot be extended without generating a legal ticket. If an extension is unavoidable, update copy across banners, emails, PDP badges, and meta assets before the old end-time lapses.
Monitor
During the sale window, sample live PDPs and checkout flows daily to confirm discount application, exclusions logic, and final prices. Use a test matrix: top sellers, edge-case SKUs, excluded brands, and member-only items. Archive evidence.
The ACCC urges shoppers to check disclaimers, verify pre-sale prices, and report concerns. Retailers should assume consumers will benchmark pricing and screenshot ads. Clear primary messaging reduces disputes, returns, and post-campaign inquiries, and preserves trust under cost-of-living pressure.
The ACCC’s 2025–2026 enforcement program places deceptive retail pricing among its highest priorities. Repeated non-compliance may attract formal proceedings and significant reputational consequences.
For retailers, maintaining transparent, verifiable promotions supports not only compliance but also long-term consumer trust. Aligning campaign approvals with documented substantiation standards is now an operational necessity rather than an optional safeguard.
Vincent is the founder and director of Rubix Studios, with over 20 years of experience in branding, marketing, film, photography, and web development. He is a certified partner with industry leaders including Google, Microsoft, AWS, and HubSpot. Vincent also serves as a member of the Maribyrnong City Council Business and Innovation Board and is undertaking an Executive MBA at RMIT University.