The encyclopedia · Advertising & PR · Marketing decision · 2015
Michaels framed fake discounts — regular prices no one ever paid — fined $3.5M
May 2015: Michaels of Canada paid $3.5M — frames were never sold in good faith at the 'regular' prices its big discounts claimed to beat, 2011 to 2014.
Michaels of Canada, ULC · 2015-05
What happened
Michaels of Canada ran its framing business on a discount story: substantial markdowns against stated regular prices. The Competition Bureau's investigation found the regular prices were not real — frames were not offered for sale in good faith at those prices before the promotions began. Custom framing carried the practice from January 2011 to December 2014; select ready-made frames from January 2013 to December 2014. The discount implied savings that the ordinary selling price provisions of the Competition Act do not allow.
On 6 May 2015 Michaels agreed to pay a $3.5 million administrative monetary penalty, establish a corporate compliance program, and bring all future price claims into line with the ordinary-selling-price rules, under a consent agreement binding for ten years.
Deputy Commissioner Stéphane Lamoureux stated the principle: consumers win when retailers offer aggressive discounts, but savings claims must be substantiated, because shoppers respond to the implied savings in any regular-versus-sale comparison. The case put Canada's craft aisle on the same rule as its furniture and mattress showrooms.
Why it happened
- The regular price existed to anchor the discount, not to be paid — the savings were implied, never real.
- Four years of the practice across custom framing made the inflated anchor the store's pricing language.
- A discount claim is a comparison between two prices, and the comparison was built on a price that never happened.
The lesson
Savings claims must be substantiated: a regular price must be a price actually offered in good faith before a discount can claim to beat it. Shoppers buy the implied saving.
Aftermath
The ten-year consent agreement bound Michaels of Canada to compliant price claims and a corporate compliance program. The case is cited in Canada as the Bureau's marker on ordinary-selling-price enforcement.
Sources
- Competition Bureau Canada — Michaels to pay $3.5 M penalty to settle frames and custom framing services price advertising case
- HuffPost Canada — Federal Competition Bureau fines crafts store Michaels $3.5 million
spotted an error? The club wants to know.
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