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17 July 2026 / Harry Hatwell
Issue: 8170 / Categories: Features , Consumer , Commercial , Marketing , Competition
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‘Don’t delay, buy today!’

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© Getty images

Harry Hatwell reports on the enforcement action awaiting companies indulging in nudge, sludge & other aggressive sales practices

  • Retailers should take note when telling customers that a page or product is popular. Even where such urgency messaging expressly relates to the number of views a product page has received, retailers will be misleading consumers where increased views have not resulted in increased sales or decreased stock.

In 2022, the Competition and Markets Authority (CMA) opened an investigation into mattress seller Emma Group’s compliance with consumer law and, in particular, its use of ‘online urgency claims’. Having engaged and gathered evidence, in 2023, the CMA issued a consultation letter detailing possible breaches by the company of consumer protection law through its online sales activities. In May 2024, the CMA sought undertakings from Emma Group to adapt its online sales practices, otherwise it would pursue enforcement action through the courts.

By July 2024, it seems, Emma Group had not agreed undertakings sufficient to assuage the CMA and so the CMA

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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