Reference prices: the rule that avoids Procon fines
Photo: Avila Ops Tecnologia
A reference price is the crossed-out price in an ad, “was R$ 200, now R$ 140.” There is one rule: the store must actually have charged it for a reasonable period immediately before the promotion. Raising prices in October to “lower” them in November is misleading advertising under Article 37 of Brazil’s Consumer Protection Code and a frequent Black Friday enforcement target.
Federal law specifies no exact number of days the “was” price must have applied. It requires truthful information, and Procon agencies request price histories after complaints. Some states have their own promotional advertising laws, such as displaying previous prices beside sale prices; check local rules if selling into other states. Recorded histories provide a defense. Without them, stores face fines.
What does Procon consider a false discount?
A “was” price never charged: always selling at R$ 140 while advertising “was R$ 200, now R$ 140.” A price inflated before the campaign: selling at R$ 140, raising it to R$ 200 on October 15, and “lowering” it to R$ 140 on November 27. Or supplier or competitor prices presented as your own previous price.
Customers discover this through price-history sites, October screenshots, or last month’s purchases. Complaints reach Procon or become social posts with screenshots. Either way, the store must prove the crossed-out price existed.
How do you record actual prices?
Keep a table by product, date, and price outside your store platform. A spreadsheet works. Ideally, the store system automatically saves dated price changes and allows export.
In October:
- Export products with current prices and today’s date.
- Do not alter campaign-product prices until Black Friday. If costs require increases, do it now and document why. In November, calculate discounts from prices applied before the increase, not newly increased amounts.
- Save dated product-page screenshots with visible prices in product-named folders.
- Use exactly the recorded reference prices in the campaign. Not one real more.
- Afterward, restore recorded prices or genuinely begin charging a new price.
A clothing store selling a dress at R$ 189 since July advertises “was R$ 189, now R$ 139” on November 27. It has October screenshots, exported history, and three R$ 189 sales invoices. If reported, its defense is ready. Had it raised the price to R$ 249 in October, the same complaint would result in a fine.
What if you have no history?
Do not use crossed-out prices. Advertise campaign prices without comparison: “R$ 139 through November 27.” Or compare something verifiable, such as “10% off with Pix” or “free shipping over R$ 150.” The offer stays attractive and nobody must prove a reference price.
This also applies to products launched in November: no previous price means no “was.” The Black Friday pricing guide explains building offers from margin without crossed-out prices. The guide what the Consumer Protection Code requires covers other campaign obligations.
What to do now
Export and save your product list with prices and dates today. Freeze campaign-product prices until November. If your platform lacks price history, that is one point we examine in a conversation assessing exposure: avilaops.com/contato or contact us on WhatsApp: wa.me/5517997811471.
Frequently asked questions
How long must the “was” price have applied?
Federal law sets no number of days; some states have their own rules, so check destination-state requirements. The criterion is genuine, continuous application immediately before the promotion. More time and evidence mean greater safety.
Can I use the manufacturer’s suggested price as the “was” price?
Only if you actually sold at that price. If your store always charged less, using the suggested price is a false discount.
What is the fine for false Black Friday discounts?
It varies by Procon agency, company size, and repeat offenses. Beyond fines, stores may be required to honor offers and face class actions. Reputation costs usually exceed fines.
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