Cyber Monday: differences from Black Friday and legal reflexes for suppliers

After Black Friday, Cyber Monday is one of the most anticipated dates for consumers to purchase products with attractive discounts.Occurring always on the first Monday after the American Thanksgiving holiday, the event is a good opportunity to save on holiday shopping.

Unlike Black Friday, Cyber Monday is primarily focused on discounts and offers for digital commerce.

Created in 2005 by the National Retail Federation of the United States (National Retail Federation), the date came to contemplate the advance of e-commerce, allowing consumers to also buy products for a lower price without leaving their homes, since at the time, 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 inception, Cyber Monday proved a great success among Americans, raising almost 500 (five hundred) million dollars in its first edition.In 2010, the date was considered the largest day of online shopping in the United States, reaching the mark of 1 (one) billion dollars sold and since then, annually records are broken, currently exceeding twelve (12) billion dollars^[1].

Despite being 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 real milestone for the country's trade.

However, the date, despite representing a great opportunity for suppliers of products and services, can also bring challenges to consumers.

For suppliers, the difference between Black Friday and Cyber Monday events implies the need to create different marketing and sales strategies for each event, meeting the buying behavior of customers, which can be even more challenging on the digital platform.

It is necessary, therefore, to avoid the temptation to repeat the same offers on both dates, because the current consumer is increasingly attentive and demanding, seeking real and differentiated discounts in each event.

Therefore, strategies that are based on mere repetitions of offers can be detrimental to the reputation of the company. Similarly, misleading marketing, such as the practice of raising prices before the commemorative date and offering fictitious discounts, is one of the main causes of consumer dissatisfaction.

By mixing the offers between Black Friday and Cyber Monday, exposing that the promotion would be unprecedented, or by practicing misleading advertising, suppliers expose themselves to a significant legal risk.

As is well known, Brazilian legislation, especially the Consumer Protection Code (CDC), is clear about the provision of duties for suppliers and the protection of consumers against abusive practices.

In fact, the duty of information and transparency is one of the pillars of the standard. According to the CDC, it is the responsibility of the supplier to ensure that all information provided to the consumer is clear, accurate and adequate about 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 on any restrictions or limitations of the offers.

In promotions such as Black Friday and Cyber Monday, the duty of transparency becomes even more relevant, because, amid so many promotions, it is common for consumers to face doubts about the veracity of discounts and the authenticity of the offers disclosed.

And improper practices in this sense, by suppliers, can generate administrative sanctions by agencies such as PROCON, as well as lawsuits filed by consumers themselves, seeking compensation for material and even moral damage.

To minimize these risks, it is critical that vendors thoroughly review their promotional campaigns, ensuring that the prices offered match actual discounts and that the offers between Black Friday and Cyber Monday are clearly differentiated.

With this, a posture of transparency and compliance with consumer protection standards is adopted, important not only to maintain market confidence, but also to reduce the risks of discussions in the judicial sphere.

Therefore, it has been that Cyber Monday is a valuable moment for market suppliers, especially in the field of e-commerce, but also requires careful strategic planning. In this regard, differentiating the offers of the event and ensuring that discounts are effective are essential practices to maintain consumer confidence, also avoiding possible litigation and sanctions.

*Luiza Pattero Foffano is a specialist in Civil Procedure with experience in litigation and advisory activities in the scope of business law. Lawyer at Finocchio & Ustra Sociedade de Advogados.

Carolina Laubi Debes is a civil lawyer at the firm  Finocchio & Ustra Law Firm.

*Mariana Gabrielloni Powder she is a specialist lawyer in the civil area of the firm  Finocchio & Ustra Law Firm.