Emma Sleep, a mattress company that is part of the wider Emma Group, is under investigation by the CMA over concerns it has breached consumer law.

Specifically, the CMA will examine if Emma Sleep has misled its customers by using countdown timers and claims about time limits to imply a discounted price will end soon, when this may not be the case. 

This announcement marks the start of a new programme of consumer enforcement work focused on so-called Online Choice Architecture. 

Aimed at tracking potentially harmful online selling tactics, the programme will examine practices including urgency tactics and eye-catching discount offers that do not match the actual price reduction. 

Earlier in the year, the CMA identified 21 potentially harmful practices which are used across the online economy to present information and choices to influence purchasing decisions. 

The Online Rip-Off Tip-Off campaign earlier this year revealed that 71% of people shopping online had encountered misleading selling tactics. 

In response, the CMA offered tips to help consumers identify and avoid tactics that could result in them being ripped off. 

The CMA also promises to use its full range of powers to ensure that misleading selling practices are tackled from all angles, and this investigation appears to be the start. 

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Sarah Cardell, interim CMA Chief Executive, said: “The CMA is today reminding businesses they should not use urgency claims to mislead consumers and, if they do, they face the risk of CMA action.”

The investigations into the Emma Group are at the initial stages, so it should not be assumed the company has broken any consumer protections laws. 

“This investigation into Emma Sleep is just the start of our work into potentially misleading online claims and all sectors are under scrutiny,” Cardell said.  

“Companies should take note: look at your own practices and ensure they’re in line with the law.”

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