The Brown Thomas Arnotts Group has admitted some products it advertised as discounted over the Black Friday sales period in 2024 breached sale pricing laws.
However, the retailer told Dublin District Court that the pricing anomalies were due to miscommunication between it and concessions selling in its stores and on its website, and it was unaware they had occurred for several months after the sale period concluded.
At a hearing on Monday, the Brown Thomas Arnotts group pleaded guilty to breaching legislation aimed at protecting consumers from misleading prices during sales periods following an investigation the Competition and Consumer Protection Commission (CCPC).
That law requires traders to base any discount on the lowest price in at least the previous 30 days, and to display that price clearly on any price tag or advertisement.
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The CCPC investigators identified a total of 18 breaches on the Brown Thomas and Arnotts websites during the 2023/24 winter sales season, a period which covered the Black Friday and Cyber Monday sales windows.
Among the products wrongly priced were a Samsung Galaxy watch which the retailer advertised as being on sale at €379.95. It said it had been marked down from €459.95. However, CCPC investigators had found it selling on the retailer’s website for €369.95 less than 30 days before the sales period began.
A Sony Bravia television which was advertised as being on sale at €2339.95, down from €2599, had previously been selling for €1799.95.
Alison Fynes BL, representing the Brown Thomas Arnotts group, said the retailer operated a mixed business model selling some of its own products and allowing concessions to sell in its stores and on its online platforms.
She said thatwhile the retailer “fully accepted responsibility” for the pricing mistakes, they had arisen as a result of miscommunication between the retailer and the concessions selling the products, and it had not been aware any breaches had occurred until it was contacted by the CCPC in April of last year.
The charges were struck out by Judge Michael Ramsey on condition thatthe retailer pays €1,000 to the Little Flower Penny Dinners charity within 30 days.
Brown Thomas joins a list of other retailers including Boots, Lifestyle Sports and DID Electrical that have fallen foul of sales-pricing legislation introduced in 2022.
They all pleaded guilty to similar breaches at District Court hearings last year, following an online pricing sweep conducted by the CCPC.
Under Irish law, retailers are free to set prices without any interference from third parties but must display whatever those prices are clearly, and in a way that is not misleading.
Pricing rules were toughened up in 2022 amid concerns that some retailers were loosely interpreting the existing system to create the impression in consumers’ minds that some discounts were bigger than they actually were.
The maximum fine that can be imposed on a retailer found to have breached the law is €5,000.
“Today marks another important outcome for the CCPC in ensuring consumers can shop with confidence, and that retailers can compete fairly on a level playing field,” said CCPC spokesman Patrick Kenny.
“It is crucial that businesses are transparent on pricing, and the CCPC will not allow traders to mislead consumers into thinking they are getting a better deal than they actually are.
“Consumers have a legal right to clear, transparent pricing, knowing that the price they see is the price they’ll pay. This is particularly important during time-pressured sales periods, when consumers are making quick purchasing decisions, trusting that the price displayed is accurate and the stated discount represents a genuine reduction on the prior price.”
