Black Friday and holiday sale rules for US online stores: a 2026 checklist

A good holiday sale is honest: the discount is real, the price shown is the price paid, orders ship when you said, and the reviews are genuine. That's also what most of the rules below ask for. You don't need a countdown timer or a "last chance" banner that isn't true. This checklist covers federal rules that apply across the US, plus California's honest-pricing law because so many online shoppers are there. It is general information, not legal advice.

1. "Was $80, now $49": make the former price real

The FTC's Guides Against Deceptive Pricing say a former-price comparison is fine when the former price is the actual, bona fide price you offered the item at, openly and actively, for a reasonably substantial period, in the recent, regular course of business (16 CFR 233.1). The classic trap is raising a price for a few days so you can "cut" it back to normal on Black Friday. The Guides use exactly that example and call it a false bargain.

• Don't inflate before the sale. If the "was" price only existed for a week in November, don't use it.
• "Formerly sold at" means you actually sold at that price. The Guides say to avoid implying a price was a selling price, not just an asking price, unless substantial sales were made at it.
• Make the discount meaningful. "Reduced to $9.99" from $10 is the Guides' own example of a misleading reduction.
• "Compare at" and MSRP need evidence. A comparison with other sellers' prices or a manufacturer's list price shouldn't appreciably exceed the price at which substantial sales are actually made in your trade area (16 CFR 233.2 and 233.3).
• Buy one, get one free. Don't raise the regular price or cut quantity or quality of the item customers must buy, and make all the terms clear at the outset (16 CFR 233.4).
• "Limited" must mean limited. The Guides say not to make a "limited" offer which, in fact, is not limited (16 CFR 233.5). The same goes for any deadline you advertise.

California's Consumers Legal Remedies Act separately lists "making false or misleading statements of fact concerning reasons for, existence of, or amounts of, price reductions" as an unlawful practice (Cal. Civ. Code § 1770(a)(13)). Keep a simple price history for each sale item, such as dated screenshots or a platform export, so you can show where the "was" price came from.

2. Selling to California? Show the all-in price

Since 1 July 2024, California's honest pricing law (SB 478) has made it unlawful to advertise, display or offer a price that doesn't include all mandatory fees or charges, other than taxes or fees imposed by a government and postage or carriage charges reasonably and actually incurred to ship a physical good (Cal. Civ. Code § 1770(a)(29)). The California Attorney General's FAQ puts it simply: the price a Californian sees should be the price they pay (California AG). From that FAQ:

• You can leave out real shipping charges, but not handling charges. A mandatory handling fee belongs in the product price.
• Fees for genuinely optional extras, such as gift wrap or express delivery, don't need to be in the advertised price.
• Disclosing a mandatory fee later at checkout, or saying "fees apply", doesn't comply.
• A card surcharge generally isn't mandatory if customers can avoid it by paying another way; if card is the only way to pay, it is mandatory and must be included.
• The law doesn't cap what you charge. It's about showing the full price up front.

The AG says the law covers goods and services for personal use, not purchases for commercial use. Check every place a price appears: product pages, collection pages, sale banners, ads and emails.

3. Shipping promises and holiday delays

The FTC's Mail, Internet, or Telephone Order Merchandise Rule applies to orders placed online (16 CFR Part 435). The key points:

• Have a reasonable basis for any shipping time you state. If you don't state one, you must have a reasonable basis to expect to ship within 30 days of receiving a properly completed order (50 days if the buyer applies to you for credit to pay) (§ 435.2(a)).
• "Ship" means handing it to the carrier. The Rule defines shipment as physically placing the goods in the carrier's possession (§ 435.1(e)). If you also promise delivery "by Christmas", allow for carrier holiday cut-offs and say clearly what you're promising.
• If you can't ship on time, tell the customer before the deadline. Offer the choice to agree to the delay or cancel for a prompt refund. The notice needs a definite revised shipping date, or must say you can't estimate the delay (§ 435.2(b)).
• Longer delays need the customer's yes. If the new date is more than 30 days past your original time, or you can't give one, the order is treated as cancelled unless you ship within those 30 days or the customer expressly agrees to the delay (§ 435.2(b)(1)(iii) and (c)).
• Refund quickly when an order is cancelled. For most payment methods that means within 7 working days; where you are the creditor yourself, within one billing cycle (§ 435.1(b)).
• Keep records. In an FTC action, a seller without records of systems that make sure orders ship on time faces a presumption that it lacked a reasonable basis (§ 435.2(a)(4)).

Pre-orders and print-on-demand items are where holiday problems usually start, so give honest production times on those product pages.

4. Reviews: real customers, no strings on sentiment

The FTC's Rule on the Use of Consumer Reviews and Testimonials took effect on 21 October 2024 (Federal Register, 89 FR 68034). Among other things it prohibits (16 CFR Part 465):

• writing, creating or selling reviews or testimonials that misrepresent that the reviewer exists, used the product, or what their experience was;
• offering anything of value in exchange for reviews that express a particular sentiment, positive or negative. "Get 20% off for a 5-star review" is the problem case;
• reviews by your owners or managers without a clear and conspicuous disclosure of their relationship to the business;
• suppressing negative reviews while implying that the reviews you show are most or all of the reviews submitted (the Rule lists neutral exceptions, such as abusive content or reviews you reasonably believe are fake);
• buying or selling fake followers, likes or views to misrepresent influence, and passing off a site you control as independent reviews.

Asking every customer for an honest review is fine. If you offer an incentive for leaving any review, don't make it depend on the review being positive. The FTC's Endorsement Guides say a clear disclosure of that connection would then be appropriate (16 CFR 255.2, Example 9).

5. Holiday influencer and gift-guide promos

If you send creators free products, pay them, or give affiliate commission for gift-guide posts, the FTC's Endorsement Guides apply (16 CFR Part 255). A connection that might affect how much weight people give the endorsement, and that the audience wouldn't expect, must be disclosed clearly and conspicuously. That includes payment and free or discounted products, even if you didn't require a post in return, and benefits such as early access (§ 255.5).

• Clear and conspicuous means hard to miss. On social media the disclosure should be unavoidable. A note only on the creator's profile, or behind a "more" link, isn't enough (§ 255.0(f) and Example 9).
• A platform's built-in label may not be enough on its own if it's small, low-contrast or quickly gone (same example).
• You're responsible too. The Guides say advertisers should give endorsers guidance on truthful claims and disclosures, monitor what they post, and act on problems (§ 255.1(d)).

Our FTC influencer and reviews guide goes into more detail.

6. Promo emails: CAN-SPAM basics

Every Black Friday email is a commercial email under the CAN-SPAM Act. The statute requires (15 U.S.C. § 7704):

• accurate header and "From" information, and no subject line likely to mislead about the email's content;
• clear identification that the message is an advertisement (this part doesn't apply where the recipient has given affirmative consent);
• a clear, working way to opt out, which must keep working for at least 30 days after you send;
• honoring opt-outs within 10 business days, and not selling or transferring opted-out addresses;
• a valid physical postal address of the sender.

The FTC's CAN-SPAM Rule adds that you can't charge a fee, ask for more than an email address and opt-out preferences, or require more than a reply email or a visit to a single web page to opt out (16 CFR 316.5). A subject line like "Final hours!" should be true when it arrives.

7. An accessible checkout

The Department of Justice says Title III of the ADA covers businesses open to the public, and that its position is that the ADA's requirements apply to the goods and services they offer on the web. It has no regulation setting out detailed technical standards for business websites, and points to WCAG and the Section 508 Standards as helpful guidance (ADA.gov). That page is guidance, not a binding rule, but the barriers it lists are the ones that lose holiday sales:

• checkout and sign-up fields without labels a screen reader can announce, or with no clear error messages;
• steps that only work with a mouse. Make sure a discount pop-up can be closed, and the whole checkout completed, with a keyboard;
• sale prices or required fields shown by color alone, and low-contrast text on sale banners;
• image-only "40% off" banners with no text alternative, and promo videos without captions;
• pages that break when zoomed.

DOJ says automated checkers can help but a "clean" report doesn't necessarily mean everything is accessible, and suggests pairing them with a manual check and giving people a way to report problems (ADA.gov). W3C says the same about tools (W3C). See our ADA website accessibility guide for more.

What we check

Our US Website Compliance Check is a technical review of your public website, run by a scanner and reviewed by a person. For a holiday sale, it helps with sections 4 to 7 above:

• Accessibility: automated WCAG 2.1 A and AA rules on your homepage, whether you publish an accessibility statement, and whether an overlay widget is loaded;
• FTC claims: affiliate links, reviews and testimonials, and "Made in USA" wording;
• Email sign-ups: your sign-up forms, plus a checklist for your marketing emails (sender, physical address, opt-out);
• Privacy and tracking: your privacy policy, opt-out links, Global Privacy Control and the tracking tags we find.

It doesn't audit your price history, your fee display or your shipping operations. Use sections 1 to 3 of this checklist for those. The report arrives within 2 working days, and the Fix Pack within 4 working days, so allow for that if you want fixes in place before your sale.

FAQ

Can I show a “compare at” price?

Only if it is a genuine figure. Your own former price must be one you actually offered openly for a reasonably substantial period, and a comparison with other sellers or a list price shouldn't appreciably exceed prices at which substantial sales are made in your area (16 CFR Part 233).

Does California's all-in price have to include shipping?

No. Postage or carriage charges reasonably and actually incurred to ship a physical good can be shown separately, but handling charges can't (California AG).

What if holiday orders are going to ship late?

Before your stated shipping time (or 30 days if you didn't state one) runs out, offer the customer the choice to accept the delay or cancel for a prompt refund, with a revised shipping date or a statement that you can't estimate it (16 CFR Part 435).

Can I offer a discount for leaving a review?

Not in exchange for a positive (or negative) review (16 CFR 465.4). If the incentive is for any honest review, the FTC's Endorsement Guides say disclosing the connection would be appropriate.

Will your check make my Black Friday sale compliant?

No. It is a technical review of your public website that shows what we found and how to fix it. It doesn't review your pricing history or shipping, it isn't a full WCAG audit, it isn't legal advice, and no check can guarantee you won't receive a complaint or lawsuit.

Official sources

• eCFR: 16 CFR Part 233, Guides Against Deceptive Pricing
• California Civil Code § 1770 (Consumers Legal Remedies Act), incl. (a)(13) and (a)(29)
• California Attorney General: SB 478 Hidden Fees FAQ
• eCFR: 16 CFR Part 435, Mail, Internet, or Telephone Order Merchandise Rule
• eCFR: 16 CFR Part 465, Rule on the Use of Consumer Reviews and Testimonials
• Federal Register: Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (89 FR 68034, effective 21 October 2024)
• eCFR: 16 CFR Part 255, Guides Concerning Use of Endorsements and Testimonials in Advertising
• 15 U.S.C. § 7704, CAN-SPAM Act requirements (via Cornell LII)
• eCFR: 16 CFR Part 316, CAN-SPAM Rule
• ADA.gov: Guidance on Web Accessibility and the ADA
• W3C: Selecting Web Accessibility Evaluation Tools

Laws and guidance change. Check the sources above for the latest position. General information, not legal advice. For advice on your own situation, talk to a US-licensed attorney. Our check is a technical review, not a full WCAG audit, and can't guarantee you won't receive a complaint, demand letter or lawsuit.