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ARTICLE · 04 JUNE 2026

Misleading Sales Practices: Don't Sleep On The CMA's Recent Settlement

Gowling WLG
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The Competition and Markets Authority has secured a High Court-backed settlement against Emma Sleep for using misleading urgency tactics, including countdown timers that reset and false high demand claims.

United KingdomConsumer Protection

The Competition and Markets Authority (CMA) has secured a High Court-backed settlement against Emma Sleep, confirming that its misleading urgency tactics, including countdown timers that re-set and false “high demand” claims, breached consumer law. This is another clear warning shot for online retailers, showcasing that pressure-selling through "dark patterns" is firmly in the regulator’s crosshairs.

What led to the investigation?

The CMA began its investigation into Emma Sleep in November 2022 as part of a wider review of online choice architecture and tactics that 'nudge' consumers into certain transactional decisions.

The CMA considered that Emma Sleep was using:

  • misleading countdown timers which would restart when the page was refreshed or when the time ran out; and

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