Watch out for ‘dark pattern’ ads over Black Friday

With Black Friday fast approaching, expect your inboxes and social feeds to be saturated with deals over the next couple of weeks.

But while it's easy to be lured in by promotions around this time of the year, be warned that online ads for Black Friday deals don't always tell the full story.

A number of well-known brands have come under fire for misleading ads in recent years, particularly around the busy festive shopping period.

Some have even had ads 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, read up on what dark patterns are, how to avoid dud deals and how to report misleading ads.

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 one example of a dark pattern tactic. This is where businesses present an upfront price – perhaps in a promotional ad or on a product listing – but then add on sneaky fees 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 T&Cs about subscriptions or clear information about which products are excluded from a promotion upfront.

Retailers that don't make it clear when a promotion begins or ends (or that use pressure selling to panic shoppers into clicking through and buying) might also be engaging in misleading practices.

Similarly, retailers that fail to label paid-for or sponsored ads on social media are in breach of the ASA's rules.

• Find out more: fake reviews and sneaky fees banned under new laws

Nike, Sky and PrettyLittleThing ads banned

Adverts for Nike and Sky, circulating last December, were banned by the ASA for using tactics that could mislead consumers.

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

Sky's advert was for a free Now TV trial. But the ad didn't make it clear that the trial would automatically renew with a fee unless cancelled.

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

The regulator found a number of misleading ads on its X account, with discounts ranging from 30-99% off. These posts often included varying deadlines, or no deadlines at all, and didn't specify that some lines were excluded from promotions.

• Read more: top 15 shopping tips for Black Friday

How to avoid being duped by Black Friday ads

• Shop around Black Friday deals aren't always what they seem. When we investigated Black Friday deals in 2023, we found that 93% of products in the previous Black Friday 'sales' had already been available for the same price or less in the six months before. To make sure you really are getting a good deal, try using price comparison sites to see how the item you're after has been priced throughout the year.
• Watch out for sneaky fees at the checkout Drip pricing (where retailers add on sneaky fees during the customer journey) can land you with a nasty surprise at the checkout. This practice is now banned, but it was particularly rife in the travel industry. It's worth double-checking the final price of your basket to make sure it aligns with the price you initially saw advertised.
• Don't be rushed into placing your purchase Beware of retailers that use pressure-selling tactics (such as countdown timers or alerts that products are 'selling fast'). It's important not to be rushed into making an online order – take a minute to assess whether you really want the item or could find it even cheaper elsewhere.
• Make sure you're clear on subscription T&Cs Before signing up to any free trials or subscription deals, make sure you've checked whether the service will auto renew at the end of the free period, and how to cancel if you want to stop the service.
• Double-check what you're buying is eligible for the promoted discount Retailers don't always make it clear whether all product lines are included in their promotions. Always double-check that the discount you saw advertised has been applied before entering your card details.

How to report misleading Black Friday ads

If you do come across any ads that you think are misleading, you can report them to the ASA.

We're also keen to see any examples of retailers engaging in dark pattern tactics during the Black Friday shopping period. Send your screenshots to yourstory@which.co.uk.