Dual pricing and the ACCC: lessons for retailers

Dual pricing is the practice of comparing the normal sticker price of a product ("the Was price"), with a lower temporary sales price ("the Now price"). Dual pricing is a valuable tool in the retailer's arsenal because it generates a sense of urgency and reward for finding a bargain.

Another related retailer's tool is negotiable prices, where the store has a sticker price and a secret minimum price a salesperson will accept. Negotiation gives the consumer a sense of accomplishment.

Unfortunately, dual pricing practices increasingly fall foul of misleading and deceptive conduct provisions of the Australian Consumer Law, and the ACCC has been particularly active in enforcement.