Emma Sleep has agreed to stop using certain ‘illegal’ sales practices following a court settlement, the Competition and Markets Authority said on Thursday.
Emma Sleep admitted it broke consumer law by using misleading countdown timers, false ‘high demand’ messages and ‘discount’ claims on its website to pressure customers into making rushed purchases.
Earlier this month, a High Court order confirmed the CMA’s stance that Emma Sleep’s ‘pressure selling tactics’ were illegal.
Emma Sleep has now given binding undertakings to stop using unlawful selling practices and make sure any future claims on its website are clear, accurate and do not create a false impression that people need to act quickly.
The CMA first launched an investigation into Emma Sleep in 2022 over concerns that its use of discounts, countdown clocks and other urgency claims could mislead shoppers and pressure them into making rushed purchases. Initial court action ensued in 2024.
The High Court was scheduled to hear the CMA’s full case against Emma Sleep next month, but the case will potentially be trimmed down following the partial settlement being reached.
Pressure selling: Emma Sleep has agreed to stop using certain ‘illegal’ sales practices following a court settlement
The company can now no longer use ‘limited time’ sales or discounts where substantially similar deals continue after the deadline passes.
Emma Sleep must also put ‘robust’ compliance measures in place across its business, including monitoring compliance, reporting to the CMA and taking rapid action to address any potential breaches.
The changes Emma Sleep has to make are legally binding. This means any failure to comply could result in contempt of court proceedings, potentially leading to significant penalties.
Hayley Fletcher, senior director of consumer protection at the CMA, said: ‘Businesses should be clear on what the law says: using fake countdown clocks or misleading “discounts” to push people into spending is illegal.
‘We’ve taken action to put a stop to Emma Sleep using these tactics – and with our strengthened powers, any company that seeks to take advantage of consumers could now face hefty fines and be ordered to repay their customers.
‘Our message to businesses is simple – get your house in order or deal with the consequences.’
The remaining aspect of the CMA’s case against Emma Sleep, focused on reference pricing, more commonly known as ‘was/now’ pricing, will be determined at a trial due to start in early June.
This is Money contacted Emma Sleep for comment.
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