CMA trial about ‘urgency claims’ confirmed for June 2026

Back in November 2022, the Competition and Markets (CMA) opened an investigation into a large mattress retailer in respect of the company’s use of ‘urgency claims’ (e.g. “act quickly or miss out”) on its product offers to consumers.

The CMA initially asked the company to take steps to address its concerns of the company’s online sales practices including whether it’s ‘urgency claims’ such as countdown timers, ‘high demand’ claims, and ‘discounts’ were misleading consumers. The company did not agree to formal undertakings with the CMA and so the CMA commenced court action in 2024, and a trial date with a three day estimate has now been set for June 2026.

Despite the trial being over 18 months away from now, and the fact it will be over four years since the start of the CMA’s initial investigation, this is a timely reminder to businesses to carefully consider its consumer law obligations for all sales practices to reduce the chances of any regulatory investigation. The trial will determine whether the practices were unfair, however the time, cost and resources expensed for both parties will be considerable.