On 14 October 2026, the Competition and Markets Authority (CMA) fined w Wayfair, Appliances Direct and Golds Gym a combined £6m for misleading sales and pricing practices. In addition to the significant fines. In two out of the three cases the CMA also ordered the businesses to refund affected consumers directly. These decisions show how the CMA is using its new consumer enforcement powers, and that businesses need to be aware of the risks in order to avoid enforcement action.
At a glance:
- Three investigations, £6 million in fines. The fines were for false urgency claims, pre-ticked paid extras and hidden fees.
- Direct refunds to customers. Appliances Direct and Gold’s Gym must also compensate affected customers.
- Settlement pays. All three businesses received a 40% discount for settling early.
- Size is no defence. A four-site gym operator was investigated alongside a major online retailer.
- The trend is clear. Since gaining direct enforcement powers, the CMA has reportedly issued £12 million in fines and secured over £2 million in refunds.
| Business | What went wrong | Fine (after 40% settlement discount) | Customer redress |
| Wayfair | Wayfair Countdown timers and “limited time” deals that were not genuinely time-limited £4.8 million None | £4.8 million | None |
| Appliances Direct | Pre-ticked paid extras at checkout and false urgency pop-ups | £1.2 million | Over £400,000, an average of about £25 per customer |
| Gold's Gym | Joining fees left out of advertised membership prices | £45,000 | £50 or £10 each to 726 customers |
Wayfair: False Urgency
Appliances Direct: Keep your Options Open
Gold's Gym: Transparency Triumphs
These decisions highlight a number of key trends in consumer law:
- The Benefit of Early Settlement: All three fines included a 40% discount for early settlement and constructive engagement. Many of the practices now targeted by the CMA are banned outright, so some investigations will be clear-cut. Businesses under investigation should consider settlement early, both to secure the maximum discount and to avoid the cost of defending a weak position.
- Fines are only part of the story: The CMA is keen to show that its regime delivers money back to consumers. Where customers have lost out, it is ordering direct refunds. The business must identify eligible customers and administer the payments itself, which can be time-consuming and expensive. The headline fine is rarely the whole bill.
- No de minimis threshold: Whilst the CMA has taken a number of notable actions against large businesses, there is no minimum size for CMA enforcement. Gold’s Gym, a four-site franchisee, faced an investigation, a fine and an order to compensate customers. Whilst investigations are stressful and expensive for any business, this is particularly true for smaller businesses with less resource to handle the time and financial commitments of an investigation, and prevention is always better than cure.
What should businesses do now?
The CMA is clearly targeting practices that have become commonplace but breach consumer law. We recommend that businesses selling to consumers review the full customer journey, from first advertisement to the end of the relationship, and in particular:
- Urgency claims: check that every countdown timer, “limited time” banner and flash sale is genuine and ends when stated.
- Checkout flows: remove any pre-ticked boxes for paid extras.
- Pricing displays: make sure headline prices include all unavoidable fees.
- Promotions history: check whether “limited” offers have been repeated or extended in ways that undermine the original claim.
How we can help
Our team has extensive experience advising on all aspects of consumer law compliance and defending businesses in CMA investigations. We can audit your customer journey, review promotional and pricing practices, and support you through any CMA engagement. For more information, please contact our Competition and Consumer Team.