After Black Friday, Cyber Monday is one of the most anticipated dates for consumers to purchase products with attractive discounts. Always occurring on the first Monday after the American Thanksgiving holiday, the event is a good opportunity to save on year-end shopping
However, different from Black Friday, Cyber Monday is mainly focused on discounts and offers for online commerce
Created in 2005 by the National Retail Federation of the United States, the date emerged 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, the Black Friday discounts were limited only to physical stores
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 beginning,Cyber Monday proved to be a great success among Americans, raising almost 500 (five hundred) million dollars in its first edition. In 2010, the date was considered the biggest online shopping day in the United States, reaching the mark of 1 (one) billion dollars sold and, since then, records are broken annually, currently surpassing the mark of 12 (twelve) billion dollars[1].
Although it was created in the United States, the event became global and, currently, is adopted in more than 28 (twenty-eight) nations, inclusive in Brazil, having become a true landmark for the country's trade
However, the data, despite representing a great opportunity for suppliers of products and services, it can also bring challenges to consumers
For the suppliers, the difference between Black Friday and Cyber Monday events implies the need to create distinct marketing and sales strategies for each event, meeting the purchasing behavior of customers, what can be even more challenging on the digital platform
It is necessary, thus, avoid the temptation to repeat the same offers on both dates, especially because the current consumer is increasingly attentive and demanding, looking for real and differentiated discounts at each event
Therefore, strategies based on mere repetitions of offers can be harmful to the company's reputation. In the same way, deceptive marketing, how the practice of raising prices before the holiday and offering fictitious discounts, it is one of the main causes of consumer dissatisfaction
In this way, by mixing the offers between Black Friday and Cyber Monday, stating that the promotion would be unprecedented, or by practicing false advertising, suppliers expose themselves to significant legal risk
As it is known, Brazilian legislation, especially the Consumer Protection Code (CPC), is clear regarding the forecast of duties for suppliers and the protection of consumers against abusive practices
By the way, 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 about the products or services offered. This duty encompasses essential aspects of the product or service, how to correctly describe what is being offered, the indication of prices and payment conditions, in addition to information about any restrictions or limitations of the offers
In promotions like those of Black Friday and Cyber Monday, the duty of transparency becomes even more relevant, because, amid so many promotions, it is common for consumers to have doubts about the veracity of discounts and the authenticity of advertised offers
And improper practices in this regard, by the suppliers, they can impose administrative sanctions by agencies such as PROCON, in addition to lawsuits filed by the consumers themselves, seeking compensation for material and even moral damages
To minimize these risks, it is essential that suppliers thoroughly review their promotional campaigns, ensuring that the offered prices correspond to real discounts and that the offers between Black Friday and Cyber Monday are clearly differentiated
With that, a posture of transparency and compliance with consumer protection regulations is adopted, important not only to maintain market confidence, but also to reduce the risks of disputes in the judicial sphere
Therefore, Cyber Monday is a valuable moment for market suppliers, especially in the field of e-commerce, but also requires careful strategic planning. In this aspect, differentiating the event offers and ensuring that the discounts are effective are essential practices to maintain consumer trust, avoiding, yet, possible litigation and sanctions
Luíza Pattero Foffano is a specialist in Civil Procedure with experience in contentious and consultative practice in the field of business law. Lawyer at the Finocchio & Ustra Law Firm
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
