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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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NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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