Kemp Little
  • Looking for someone?
  • Email us
  • Search
MENU MENU
Insights overview

Commercial technology · 24 October 2018 · Gemma Lockyer

The price is right: new guidance ahead of Black Friday promotions

Black might be the hardest colour in the world to get right according to Diana Vreeland but make sure you get your Black Friday promotions… Read more

more content below

Notice: Undefined variable: people_info_class in /home/kemplittle/test.kemplittle.com/wp-content/themes/kemplittle/single.php on line 210

Black might be the hardest colour in the world to get right according to Diana Vreeland but make sure you get your Black Friday promotions right with the latest guidance from the Advertising Standards Agency (the “ASA”).

The ASA has recently published new guidance ahead of a key date in the UK retail calendar, Black Friday. Black Friday is seen as a key indicator of a retailer’s sales performance over the whole Christmas period and with consumers keen to spend during this time many retailers will be planning their promotional activity.

The ASA have highlighted four key things to keep in mind to ensure those promotions comply with the relevant advertising codes.

1. Misleading claims

“10% off everything in store *

*subject to terms and conditions”

If an offer doesn’t apply to everything then don’t claim that it does. Even with restrictions in footnotes or a note that certain items are excluded, if the headline message is that the promotion applies to all items then that headline claim is likely to be misleading to customers if it’s not true.

2. Savings claims

“Was £100, now £50”

Any promotions which suggest amounts that can be saved must be genuine, accurate and must not exaggerate the saving that could be made. It is important that pricing history and sales data are considered when deciding how to market a savings claim and the basis of the comparison must be clear. The “was” price should be the normal selling price and the higher price should have been consistently charged over a reasonable period.

3. “From” and “Up to” pricing claims

“Up to 70% off”

The Guidance for Traders of Pricing Practices issued by the Chartered Trading Standards Institute in 2016 states that when using “from” or “up to” to advertise a saving, a significant proportion of sale items must be discounted at the maximum saving. The claims must represent the true overall picture of the price promotion. The ASA will also consider the distribution of sale items across different pricing ranges. If a significant proportion of sale items with the maximum saving band had a disproportionately lower starting price, then this is likely to mislead customers.

4. Availability claims

“Subject to availability”

If the promotion is pitched correctly the products will be in high demand. The likely demand for the promotion must be estimated to avoid disappointing customers and if, during a promotion, the estimated demand can no longer be met, this must be communicated in a timely manner. Phrases such as “Subject to availability” are not always sufficient, if an offer has been promoted through a website or social media the ASA has suggested that that channel should be used to inform customers that stock has become limited.

The four areas highlighted above are just examples of the types of things retailers should consider when preparing any promotional advertising. The ASA can require that advertisements are amended or withdrawn if they breach to the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) and so, at a high level, all advertisements should:

  1. be legal, decent, honest and truthful;
  2. be prepared with a sense of responsibility towards consumers and society; and
  3. adhere to the principles of fair competition.
  • Share this blog

  • Twitter
  • Facebook
  • Linkedin

Gemma LockyerGemma Lockyer is a commercial technology senior associate

Get in touch

View the team

Sign up for our newsletters

  • Share this Blog

  • Twitter
  • Facebook
  • Linkedin

Other stuff you might like


    Notice: Undefined variable: show_default in /home/kemplittle/test.kemplittle.com/wp-content/themes/kemplittle/single.php on line 349
  1. The best way to learn from Thomas Cook and safeguard your agency | TTG media
  2. Coding and law: how coding made me a better paralegal
  3. Excite Holidays cease trading – agent’s legal obligations | TTG
The hottest topics in technology
  • Adtech & martech
  • Agile
  • Artificial intelligence
  • Brexit
  • Cloud computing
  • Complex & sensitive investigations
  • Connectivity
  • Cryptocurrencies & blockchain
  • Cybersecurity
  • Data analytics & big data
  • Data breaches
  • Data rights
  • Digital commerce
  • Digital content risk
  • Digital health
  • Digital media
  • Digital infrastructure & telecoms
  • Emerging businesses
  • Financial services
  • Fintech
  • Gambling
  • GDPR
  • KLick DPO
  • Open banking
  • Retail
  • SMCR
  • Software & services
  • Sourcing
  • Travel
close
The hottest topics in technology
  • Adtech & martech
  • Agile
  • Artificial intelligence
  • Brexit
  • Cloud computing
  • Complex & sensitive investigations
  • Connectivity
  • Cryptocurrencies & blockchain
  • Cybersecurity
  • Data analytics & big data
  • Data breaches
  • Data rights
  • Digital commerce
  • Digital content risk
  • Digital health
  • Digital media
  • Digital infrastructure & telecoms
  • Emerging businesses
  • Financial services
  • Fintech
  • Gambling
  • GDPR
  • KLick DPO
  • Open banking
  • Retail
  • SMCR
  • Software & services
  • Sourcing
  • Travel
Kemp Little

Lawyers
and thought leaders who are passionate about technology

Expand footer

Kemp Little

138 Cheapside
City of London
EC2V 6BJ

020 7600 8080

hello@kemplittle.com

Services

  • Commercial technology
  • Consulting
  • Disputes
  • Intellectual property
  • Employment
  • Immigration

 

  • Sourcing
  • Corporate
  • Data protection & privacy
  • Financial regulation
  • Private equity & venture capital
  • Tax

Sitemap

  • Our people
  • Insights
  • Events
  • About us
  • Contact us
  • Cookies
  • Privacy
  • Terms of use
  • Compliants
  • Debt recovery charges

Follow us

  • Twitter
  • LinkedIn
  • FlightDeck
  • Sign up for our newsletters

Kemp Little LLP is a limited liability partnership registered in England and Wales (registered number OC300242) and is authorised and regulated by the Solicitors Regulation Authority. Its registered office is 138 Cheapside, London EC2V 6BJ. The SRA Standards and Regulations can be accessed by clicking here.

  • Cyber Essentials logo
  • Tech Nation logo
  • LORCA logo
  • ABTA Partner+ logo
  • Make Your Ask logo
  • FT Innovative Lawyers 2019 winners logo
  • Law Society Excellence Awards shortlisted
  • Legal Business Awards = highly commended
  • Home
  • Our people
  • Services
    • Commercial technology
    • Consulting
    • Corporate
    • Data protection & privacy
    • Disputes
    • Employment
    • Financial regulation
    • Immigration
    • Innovation
    • Intellectual property
    • Private equity & venture capital
    • Sourcing
    • Tax
  • Insights
  • Quick reads
  • Events
  • About us
    • Who we are
    • Our social responsibilities
    • Our partnerships
    • Join us
  • Contact us
  • FlightDeck
  • LORCA
  • Sign up for our newsletters
  • Follow us
    • Twitter
    • LinkedIn
close
close
close

Send us a message

Fill in your details and we'll be in touch soon


Notice: Trying to get property of non-object in /home/kemplittle/test.kemplittle.com/wp-content/plugins/contact-form-7-dynamic-text-extension/contact-form-7-dynamic-text-extension.php on line 330

close

Sign up for our newsletter

I would like to receive updates and related news from Kemp Little *

Please select from the areas of interest below.

Themes

Services

Please select below any publications that you would like to receive:

Newsletters

close

Register for future event information

close
close
Looking for someone?
Generic filters
Exact matches only

Can't remember their name? View everyone

  • Home
  • Our people
  • Services
    • Commercial technology
    • Consulting
    • Corporate
    • Data protection & privacy
    • Disputes
    • Employment
    • Financial regulation
    • Immigration
    • Innovation
    • Intellectual property
    • Private equity & venture capital
    • Sourcing
    • Tax
  • Insights
  • Quick reads
  • Events
  • About us
    • Who we are
    • Our social responsibilities
    • Our partnerships
    • Join us
  • Contact us
  • FlightDeck
  • LORCA
  • Sign up for our newsletters
  • Follow us
    • Twitter
    • LinkedIn