After Black Friday, Cyber Monday is one of the most anticipated dates for consumers to make purchases of products with attractive discounts. Always occurring on the first Monday after the U.S. Thanksgiving holiday, the event is a good opportunity to save on year-end shopping.
However, unlike Black Friday, Cyber Monday is mainly focused on discounts and offers for digital commerce.
Created in 2005 by the National Retail Federation of the United States, the date arose to contemplate the advancement of e-commerce, allowing consumers to also buy products at a lower price without leaving their homes, since, at the time, Black Friday discounts were limited to physical stores only.
The main distinction between these two dates is therefore in the sales channel: while Black Friday encompasses both physical and digital retail, Cyber Monday focuses on e-commerce.
Since its inception, Cyber Monday has proven to be a great success among Americans, raising nearly 500 million dollars in its first edition. In 2010, the date was considered the biggest online shopping day in the United States, reaching the milestone of 1 (one) billion dollars in sales, and since then, records have been broken annually, currently surpassing 12 (twelve) billion dollars.[1].
Although it was created in the United States, the event has become global and is currently adopted in more than 28 (twenty-eight) nations, including Brazil, having become a true landmark for the country's trade.
However, the date, despite representing a great opportunity for product and service suppliers, can also bring challenges for consumers.
For suppliers, the difference between Black Friday and Cyber Monday events means they need to create distinct marketing and sales strategies for each event, catering to customers' purchasing behavior, which can be even more challenging on the digital platform.
It is therefore necessary to avoid the temptation of repeating the same offers on both dates, especially because today's consumers are increasingly attentive and demanding, looking for real and differentiated discounts at each event.
Therefore, strategies based solely on repeated offers can be harmful to the company's reputation. Similarly, deceptive marketing, such as raising prices before commemorative dates and offering fictitious discounts, is one of the main causes of consumer dissatisfaction.
Therefore, by mixing offers between Black Friday and Cyber Monday, stating that the promotion would be unprecedented, or by engaging in misleading advertising, suppliers expose themselves to significant legal risk.
As is known, Brazilian legislation, especially the Consumer Protection Code (CDC), is clear regarding the obligations of suppliers and the protection of consumers against abusive practices.
Moreover, the duty of information and transparency is one of the pillars of the standard. According to the CDC, it is the supplier's responsibility to ensure that all information provided to the consumer is clear, accurate, and appropriate regarding the products or services offered. This duty covers essential aspects of the product or service, such as the correct description of what is offered, the indication of prices and payment conditions, as well as information about any restrictions or limitations of the offers.
In promotions such as Black Friday and Cyber Monday, the duty of transparency becomes even more relevant, as, amid so many promotions, it is common for consumers to face doubts about the veracity of the discounts and the authenticity of the offers advertised.
And improper practices in this regard, on the part of suppliers, can generate administrative sanctions by bodies such as PROCON, in addition to legal actions brought by consumers themselves, seeking compensation for material and even moral damages.
To minimize these risks, it is essential that suppliers review their promotional campaigns in detail, ensuring that the prices offered correspond to real discounts and that the offers between Black Friday and Cyber Monday are clearly differentiated.
This adopts a stance of transparency and compliance with consumer protection standards, which is important not only to maintain market confidence, but also to reduce the risk of disputes in the legal sphere.
Therefore, Cyber Monday is a valuable moment for market suppliers, especially in the e-commerce sector, but it also requires careful strategic planning. In this regard, differentiating the event offers and ensuring that the discounts are effective are essential practices to maintain consumer trust, also avoiding possible litigation and sanctions.
Luíza Pattero Foffano is a specialist in Civil Procedure with experience in contentious and advisory work in the field of business law. Lawyer at Finocchio & Ustra Sociedade de Advogados.
Carolina Laubi Debes is a specialist lawyer in the civil area of the firmFinocchio & Ustra Law Firm.
*Mariana Gabrielloni Powderis a lawyer specializing in the civil area of the firmFinocchio & Ustra Law Firm.
