Fake discounts bring fines and destroy your brand
Photo: Avila Ops Tecnologia
A fake discount means raising a price in October to “lower” it in November, or advertising “was R$ 200, now R$ 120” when the product never sold for R$ 200. Brazil’s Consumer Protection Code prohibits misleading advertising (article 37), Procon can impose fines, and customers find out in two clicks. A fine hurts once. Distrust lasts years.
How do customers and Procon discover it?
Customers use websites and extensions that save each product’s price history. They see the bottle now priced “was R$ 200, now R$ 120” cost R$ 120 in September. They take a photo, post it on Instagram tagging the store, and the campaign becomes a bad example before Friday.
Procon agencies do the same systematically: they commonly monitor prices in preceding weeks and compare them with ads. When a “was” price does not match a previously charged price, they can open administrative proceedings. The store’s CNPJ is responsible; blaming an agency or platform does not absolve the advertiser. Advertisers must prove their information is true (CDC, article 38).
There is also a subtle version: “up to 70% off” when only one product has 70% off and the rest have 10%. If the 70%-off product exists, that is not inherently illegal, but it creates the same expectation, and customers who cannot find the 70% deal leave feeling deceived.
What counts as a real discount?
Federal law does not set a number of days; the “was” price must genuinely have been charged immediately before the promotion. As a house rule, use the price at which the product was continuously offered for at least the previous 30 days. If you raised the price on October 20, that is not the reference price; the earlier one is.
| Situation | Can you advertise it as a discount? |
|---|---|
| Product sold at R$ 200 since August, now R$ 120 | Yes, “was R$ 200, now R$ 120” |
| Product launched in November, never sold before | No. Advertise its price without “was” |
| Price rose from R$ 120 to R$ 200 in October, then returned to R$ 120 | No. That is the normal price |
| Product costs R$ 200 online and R$ 150 in the physical store | Use the lower reference |
Keep evidence. A weekly screenshot of the product page, starting at least 30 days before the campaign, with a visible date, is what you show if questioned. A system with price history already provides that evidence.
I already advertised it incorrectly. Now what?
Correct it today, before selling more. Replace “was” with the actual previous price, or remove it and show only the current price. If the real discount is small, a small honest discount beats a large false one. Messaging those who already purchased under the incorrect “was” price, acknowledging the error and offering free cancellation, costs little and prevents public complaints.
Do not delete the post and pretend it never existed. Someone already took a screenshot. Owning and fixing the mistake separates a store that made an error from one that deceives.
How do you keep the campaign honest to the end?
Before publishing any offer, someone checks the “was” price against the history. A daily report shows each product’s current discount so no one changes it midway without a record. Every timed offer (“today only”) ends on time, without silent extensions.
Honest discounts sell less on the day and more over the year. The guide to measuring the campaign shows how to see this in the numbers, and turning deal shoppers into customers explains why trust drives second purchases.
What to do now
Open the five products with your campaign’s largest discounts and compare their “was” prices with prices charged in the 30 days before the campaign. Correct any mismatch before the day ends. If you do not know what else is exposed in your store, from pricing to exchange policies, Avila Ops assesses it in a conversation: avilaops.com/contato or contact us on WhatsApp: wa.me/5517997811471.
Frequently asked questions
Is raising prices before Black Friday prohibited?
No. You are free to raise prices. What is prohibited is using the inflated price as the discount reference. If prices rose, “was” remains the price before the increase.
How much is a Procon fine for a fake discount?
It varies with company size, severity, and repeat offenses, and is determined in administrative proceedings. There is no fixed amount. Reputation is usually the greater cost.
Can I advertise “lowest price of the year” without proof?
Only if it is true and you can show it. An unproven superiority claim has the same problem as a false reference: it promises something the history does not confirm.
Turn what you learned into your next step.
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