- Wowcher to change its sales practices to avoid potentially misleading or unfairly pressuring consumers into making quick purchases
- Over £4 million in total refunded to 870,000 customers who were signed up to Wowcher's 'VIP membership' via a pre-ticked box, in credit with the option to convert to cash
- CMA CEO: "Our action will make a real difference for the millions of people who use Wowcher"
The Competition and Markets Authority (CMA) has secured undertakings from Wowcher to change its online selling practices - meaning millions of people can expect to see clear and accurate claims about the availability of products and services on Wowcher's website.
The move comes after the CMA launched an investigation last year over concerns that Wowcher's countdown timers and marketing claims - such as 'Running out!' and 'In high demand!' - may create a false sense of urgency and influence people's purchasing decisions.
The CMA is concerned that such 'urgency' claims risk giving the misleading impression that products shortly won't be available, when this is often not the case. These claims, particularly when used with countdown timers, may pressure shoppers to buy quickly for fear they'll 'miss out' - potentially leading to rushed purchases or people spending more than they planned to bag a perceived bargain.
In particular, the CMA was concerned that the overwhelming majority of products on Wowcher's site continued to be available at a similar price once the daily countdown timer has ended.
The CMA was also concerned about Wowcher's use of pre-ticked boxes to sign thousands of customers up to its paid-for 'VIP membership', which risks customers being signed up without their full understanding.
In November last year, the CMA wrote to Wowcher setting out its concerns and calling on the firm to change its practices - or else risk possible court action. As a result, Wowcher has signed formal commitments - known as 'undertakings' - meaning it will:
- only use clear and accurate countdown timers: Timers must not mislead consumers or give a false impression that they have to act quickly to avoid missing out on a deal. Wowcher will also remove its permanent countdown timer at the top of its homepage which states 'Deals refresh in*: XX:XX:XX:XX' [see Figure 1] and counts down to midnight, suggesting those deals may then change or end.
Figure 1: Illustrative example of a homepage countdown timer
- make sure all marketing claims are clear and accurate: Claims about the scarcity of a deal - e.g. 'Almost gone - only 2 remaining!' [see Figure 2] - must accurately reflect Wowcher's remaining stock levels, among other things. Claims about the popularity of a deal - e.g. 'In high demand!' [see Figure 3] - must accurately reflect Wowcher's sales figures, as well as how popular a deal is compared to other similar deals.
Figure 2: Illustrative example of a scarcity claim
Figure 3: Illustrative example of a popularity claim
- refund customers who were signed up to 'VIP membership' via a pre-ticked box: Wowcher will provide a credit refund - with the option to exchange to cash - to over 870,000 customers and will stop the use of pre-ticked boxes for VIP sign-ups, to ensure customers are fully aware of what they are agreeing to. Based on information provided by Wowcher, the CMA expects refunds for those affected will total over £4 million.
Sarah Cardell, Chief Executive at the CMA, said:
Pressure selling tactics - such as countdown timers and urgency claims that may create a false impression people must 'Buy now!' or miss out - can push shoppers into making snap decisions or spending more than they planned.
Our action will make a real difference for the millions of people who use Wowcher. Consumers who shop on the site can now have more confidence in the claims they see before parting with their hard-earned cash - and hundreds of thousands will soon see refunds, totalling a hefty £4 million.
We encourage all Wowcher customers to check their emails and texts from the company to keep an eye out for a credit alert - which they can exchange to cash should they wish.
To ensure Wowcher is complying with the commitments it signed, the firm must regularly report back to the CMA over the coming year.
The investigation into Wowcher forms part of the CMA's programme of consumer enforcement action focused on 'Online Choice Architecture', which is aimed at tackling potentially harmful online selling practices - including pressure selling tactics such as urgency claims. The CMA's ongoing investigations into Emma Sleep and Simba Sleep are also part of this programme.
