The Competition and Markets Authority has launched legal action at the High Court against Emma, claiming the mattress brand has failed to take sufficient action to prevent shoppers being mislead by its online countdown timers and high demand prompts.
The CMA began an investigation into online selling practices in November 2022, before telling Emma in July 2023 that it had concerns about the use of countdown timers for offers and claims that consumers might miss out on a deal or product because demand was high. In May it told Emma it would take legal action unless the company changed its methods.
‘Emma Group has not made formal commitments to change its online selling practices and address the CMA’s concerns, and the CMA is accordingly seeking a court order to ensure that consumers are not misled by those practices,’ says the CMA.
‘We have given Emma sufficient opportunity to alter the way it does business to address our concerns. They have failed to make all the changes that we require, which is why we’ve progressed to court action. We are concerned that when sales tactics such as discounts and countdown clocks are used in a misleading way, they can pressure shoppers into making quick purchases and spending more than they otherwise would, for fear of missing out,’ says George Lusty, CMA interim executive director for consumer protection and markets.
Emma can still agree to change its practices by consenting to an order or giving undertakings to the High Court ahead of the case being heard. It is for the court to determine a date for the hearing.
The CMA has been monitoring sales practice across the sector and in July Simba Sleep agreed to change its online selling practices.
