The Illusion of Savings
Every November, the U.S. retail industry stages its biggest performance of the year. Black Friday is marketed as the ultimate shopping event — a once-a-year opportunity to buy what you need at prices you'll never see again. Stores open before dawn. Countdown timers flash on every screen. "SAVE 50%!" banners stretch across every homepage. The urgency is manufactured, but the psychological effect is real: American consumers spend because they believe they're getting an extraordinary deal.
And they spend. According to Adobe Analytics, U.S. online spending on Black Friday 2025 hit a record $11.8 billion — up 9.1% year-over-year. The National Retail Federation counted a record 202.9 million U.S. shoppers over the five-day Thanksgiving-through-Cyber-Monday weekend, with average spending of $337.86 per person. But the story those numbers hide is a simple one: most of the "deals" behind that record spend weren't deals at all.
Wirecutter: "Most Black Friday Sales Are Bogus"
The New York Times-owned product-review site Wirecutter, which independently tests the products it recommends, reviews thousands of so-called Black Friday deals each year. Its conclusion, published in the Wirecutter Show's 2024 Black Friday episode "Don't Get Swindled on Black Friday": "Most Black Friday sales are bogus." Only a small fraction of the deals Wirecutter examines each year actually represent meaningful savings on a recommended product. Everything else is marketing noise.
This isn't a one-off assessment. Consumer Reports has run annual Black Friday shopping guides for over a decade reaching the same conclusion. U.S. state attorneys general have filed cases proving systematic fake-discount schemes in court. And U.S. price-tracking services — CamelCamelCamel, Keepa, and Honey among them — have years of archived data on Amazon and other major retailers showing that Black Friday "was/now" prices are routinely no better (and often worse) than what the same products sold for in September or January.
How the Scam Works: Anchor Pricing
The technique at the heart of fake Black Friday deals has a name in behavioral economics: anchoring. First described by psychologists Daniel Kahneman and Amos Tversky in 1974, the anchoring heuristic shows that people rely heavily on the first piece of information they encounter when making decisions. In retail, that "anchor" is the original price.
Here's how it works in practice. A retailer wants to sell a TV for $599 on Black Friday and make it look like a 25% discount. The playbook is simple: raise the price to $799 in September, leave it there for 60 days to establish a new "regular" price, then slash it back to $599 with a giant "WAS $799" label. The consumer sees a $200 savings. In reality, they paid the same price the product was selling for all summer.
The Anchor Pricing Timeline
July–August: Product sells at normal market price ($599)
September: Price quietly raised to $799
October: Price stays inflated, establishing new "regular" price
Black Friday: "SALE! Was $799, Now $599!" — 25% OFF!
Reality: You paid the same price it was in summer
The "Was/Now" Price Game
Retailers use reference prices — the "was" price displayed next to the sale price — to create the perception of value. In many cases, the reference price was never a genuine selling price for any meaningful period. Manufacturers cooperate through MAP (Minimum Advertised Price) manipulation, temporarily raising MAP before promotional periods so that the subsequent "discount" appears larger against an artificially elevated baseline.
The Hard Data: What Studies Actually Show
The evidence against Black Friday pricing isn't anecdotal. Major U.S. consumer advocacy organizations, price-tracking services, and government enforcement agencies have independently examined the same question — are Black Friday "discounts" real? — and reached the same answer: most aren't.
The spending keeps climbing — but the discount depth doesn't. Americans spent $11.8 billion online on Black Friday 2025 (Adobe Analytics) and a record $257.8 billion across the full holiday season, yet the individual "deals" driving those dollars show a very different pattern when you look at them against actual price history. Amazon price-tracking tools like CamelCamelCamel (tracking since 2008) and Keepa routinely show that Black Friday "sale" prices on Amazon match or exceed prices the same items sold for weeks earlier.
The Amazon "List Price" Problem
Amazon's crossed-out "List Price" — the reference number used to calculate displayed discounts on millions of products — has been the subject of multiple U.S. class-action lawsuits since 2015. In Fagerstrom v. Amazon.com, Inc., the plaintiffs documented that Amazon displayed a $329 "list price" for a Vitamix blender that the manufacturer itself and Target sold for $299 — the same price Amazon was charging. The case was forced into arbitration on procedural grounds, but the underlying allegation — inflated reference prices to manufacture the appearance of a discount — has resurfaced in newer 2025 class actions targeting Amazon Prime Day pricing.
Real Examples That Got Caught
The fake discount problem in U.S. retail isn't theoretical. Household-name American retailers have been investigated, sued, and ordered to pay multi-million-dollar penalties over deceptive pricing. Here are the biggest documented U.S. cases, with links to primary sources and court records.
Overstock.com — $6.8 Million Penalty (Affirmed 2017)
The largest price-advertising penalty in U.S. history was levied against Overstock.com. Eight California county district attorneys sued in 2010 alleging that Overstock "routinely and systematically" made false claims about its reference prices. In court, evidence showed that Overstock employees were directed to "select the highest price they could find" as the "Compare At" reference, or to apply an arbitrary multiplier to wholesale cost to construct one. In a ruling by the California Attorney General's office, a trial court imposed $6.8 million in civil penalties. A California Court of Appeal affirmed the judgment on June 2, 2017. Overstock's "Compare At" prices, the court ruled, were not real market prices — they were manufactured to make the sale price look larger.
JCPenney, Sears, Macy's, and Kohl's — Simultaneous Lawsuit
In December 2016, the Los Angeles City Attorney's office sued four of America's best-known department stores in a single coordinated action alleging systematic false reference pricing. The complaints cited specific examples: JCPenney advertised a maternity swim top at "$31.99, 30% off an 'original' price of $46" — but the item had never actually sold at $46. Sears listed a Kenmore washer at "$999.99, was $1,179.99" — records showed it had been selling for as low as $649.99. Kohl's and Macy's faced similar allegations on dozens of products. The case, reported by legal trade press, exemplifies how anchor pricing is a coordinated practice across U.S. department retail, not a one-off mistake by a single company.
Amazon — Fagerstrom v. Amazon.com (2015) and Successor Cases
Fagerstrom et al v. Amazon.com, Inc. alleged that Amazon's crossed-out "List Price" was artificially inflated to make discounts appear larger than they actually were. The named plaintiff documented buying a Vitamix blender that Amazon listed with a $329 "list price" and $299 "Amazon price" — but Target, Amazon, and Vitamix's own website all sold the same blender for $299 regularly. Amazon pushed the case into arbitration in October 2015. The issue didn't go away: a 2025 Washington federal class action again alleges that Amazon is using fake reference prices during Prime Day to inflate perceived discounts.
Ross Stores — $4.9 Million Deceptive Price Tag Settlement (2018)
The discount retailer Ross Stores agreed to pay $4.9 million to settle a lawsuit brought by California prosecutors alleging that its "Compare At" reference prices were not real prices at which any identical item had sold in the market. Ross joined a growing list of U.S. off-price retailers — including TJ Maxx, Marshall's, and Nordstrom Rack — to face similar allegations over the "Compare At" pricing model common to the discount channel.
JCPenney — The Honest Pricing Experiment That Failed
In 2012, JCPenney CEO Ron Johnson (formerly of Apple Retail) tried something radical: eliminate fake markups entirely and offer honest everyday prices. No more "Was $50, Now $20!" tags. Just fair prices, every day. The result? Sales plummeted 25% in a single quarter. Customers didn't believe the prices were good because there was no inflated "original" price to compare against. JCPenney lost nearly $1 billion in revenue. Ron Johnson was fired in April 2013. The episode is the most-cited proof in U.S. retail that fake discounts are profitable precisely because shoppers rely on the inflated "was" number as their benchmark, not on the actual dollar cost of the item.
Consumers preferred the illusion of a discount over genuinely low prices — proving that fake sales aren't just a retailer problem, they're a psychological one.
Behavioral Economics Case StudyThe Black Friday TV Trap
TVs are the marquee product of every U.S. Black Friday promotion. The doorbuster deals — "$199 for a 55-inch 4K TV!" — are designed to drive foot traffic and create a feeding frenzy. But Consumer Reports has been warning American shoppers about this same trap for over a decade. The trick has a name in the industry: derivative models — TVs manufactured exclusively for Black Friday, with inferior specs, that cannot be directly compared to the year-round lineup because they don't exist anywhere else.
"Derivative" Black Friday TV Models
As explained in NBC News coverage citing Consumer Reports' testing, derivative TVs are "one-off" models with unfamiliar model numbers, designed to be sold for a limited time through mass merchants (Walmart, Target) or warehouse clubs. The strategy, a CR analyst explained, "makes it harder for shoppers to do direct price comparisons because you're not going to see that exact same model anywhere else." Sometimes the manufacturer simply gives an existing product a new model number; in other cases, they make real hardware changes — fewer HDMI inputs, lower-quality panels, cheaper processors, reduced color accuracy — to hit a lower price point. Consumer Reports' rule of thumb: if you search the model number and the only results are Black Friday ads with no independent reviews, it's almost certainly a derivative.
Here's the irony, one U.S. shoppers can actually use: certified refurbished versions of the real premium TV models — the ones with proper panels, full HDMI suites, and premium processing — often cost less than the fake-deal derivative Black Friday models. You get a better TV for less money, available year-round, with a manufacturer warranty. The "Black Friday deal" gives you a worse product at a price that only looks cheap because it's being compared against a standard-lineup model that doesn't share the same internals.
Governments Are Cracking Down
U.S. regulators have known about fake reference pricing for more than half a century. The Federal Trade Commission's Guides Against Deceptive Pricing (16 CFR Part 233) have been on the books since 1964. The rule is plain: if a retailer advertises a "former price," that price must be a genuine, actual price at which the retailer offered the product for a reasonable period of time — not a fictional benchmark. The problem: FTC Guides are interpretive, not mandatory law, and the FTC itself rarely brings reference-price enforcement actions. The heavy lifting in the U.S. falls to state attorneys general, city attorneys, and class-action plaintiffs — on a case-by-case basis.
Here's the bad news for U.S. shoppers: you have weaker federal protection from fake Black Friday discounts than consumers in California do, and dramatically weaker protection than consumers in Europe do. California's Business & Professions Code § 17501 is the statute the state used to win the $6.8M Overstock judgment — it requires that any "former price" in an ad must have been a genuine selling price within the previous three months. The EU's Omnibus Directive, in force since May 2022, goes further still: every EU retailer must display the lowest price from the preceding 30 days right next to any "sale" price. One regulation, zero anchor pricing playbook. The U.S. has nothing equivalent at the federal level — which is exactly why independent price tracking matters so much more for American shoppers than for European ones.
Why We Fall For It Every Year
If Black Friday deals are demonstrably fake, why do billions of dollars still change hands every November? The answer is that the retail industry has reverse-engineered human cognitive biases with surgical precision. These aren't accidents — they're strategies rooted in decades of behavioral economics research.
MIT Sloan: Fake Anchors Increase Purchases 20–30%
A 2018 study from MIT Sloan School of Management examined the effect of inflated reference prices on consumer purchasing behavior. The researchers found that displaying a higher "original" price alongside a sale price increased purchase rates by 20–30%, even when consumers had access to the same product at the same price without the anchor. The mere presence of a crossed-out number was enough to alter buying decisions.
Richard Thaler's concept of "transaction utility" explains the rest. Thaler showed that consumers derive pleasure not just from the product itself, but from the feeling of getting a deal. When you see "Was $799, Now $599," the $200 gap produces a dopamine hit — a sense of winning — regardless of whether the product was ever worth $799. The retailer isn't just selling you a product; they're selling you the emotional experience of a bargain.
- Anchoring bias: The first price you see becomes your reference point, even if it's completely fabricated
- Transaction utility: You get pleasure from the "deal" regardless of actual value saved
- Scarcity pressure: "Limited time!" messaging kills rational comparison shopping and triggers impulse behavior
- Social proof: "Everyone is buying" validates impulse purchases and overrides individual judgment
How Price Tracking Exposes the Truth
The most effective weapon against fake discounts is price history data. When you can see what a product actually sold for over the past 30, 90, or 365 days, the anchor pricing illusion collapses instantly. That's exactly what the Refurbished Deals price tracker does — and it runs every single day, not just during promotional periods.
How the Price Tracker Works
Daily at 5 PM PST: Our system queries eBay for every tracked product across 1,000+ listings
Price data recorded: Lowest price, average price, and active listing count are logged
History built: 30-day, 90-day, and 12-month price trend charts are generated automatically
Truth revealed: See if a "sale" price is actually below the year-round average — or just theater
During Black Friday, this data becomes critical. Instead of trusting a retailer's "Was/Now" label, you can pull up any product on Refurbished Deals, look at the 12-month price chart, and see with your own eyes whether today's "deal" price is genuinely lower than last month, last quarter, or last year. In most cases, it isn't.
Verify Any Deal in 10 Seconds
Visit any product page on Refurbished.Deals, scroll to the Price Tracker section, and check the 12-month chart. If the Black Friday "sale" price is higher than what the chart shows as the typical refurbished price — it's not a real deal. The chart doesn't lie, and it doesn't have a marketing department. It's just data, recorded daily, showing you what the product actually costs over time.
Refurbished Prices vs. Black Friday "Deals"
Here's the comparison retailers don't want you to see. When you stack a typical Black Friday "deal" on a new product against the year-round price of the same product in certified refurbished condition, the Black Friday illusion falls apart completely.
The real savings aren't in waiting for one day in November. They're in buying certified refurbished products at transparent, tracked prices available every day of the year. A certified refurbished unit of the actual premium model — not a doorbusted downgrade — costs $200 less than the Black Friday "deal" on a potentially inferior new product. And unlike the "Was $999" reference price on that Black Friday tag, the refurbished price is independently tracked and verifiable.
How to Actually Save Money on Tech
Avoiding fake U.S. Black Friday deals doesn't mean giving up on savings. It means shopping with data instead of emotion. Here's how to actually get the best price on tech purchases, using tools that are free and widely available to American shoppers:
- Check CamelCamelCamel or Keepa before any Amazon purchase — both show free 12-month price history for Amazon.com products. If the "sale" price isn't lower than the chart's typical low, it's not a real discount.
- Buy certified refurbished — 25–75% off MSRP year-round with 1–2 year warranties — no need to wait for a specific date or fight a crowd in a Best Buy parking lot
- Avoid "doorbuster" TVs — they're almost always derivative models — as Consumer Reports puts it, if you search the model number and all you find are Black Friday ads, it's a Black Friday-only build
- Use Refurbished Deals' price tracker for U.S. refurbished market data — daily tracking across 950+ products from U.S. eBay sellers, with transparent price history
- U.S. electronics are often cheapest in January–February, not November — post-holiday inventory clearance and new-model announcements out of CES (Las Vegas) drive prices down hard
- If a deal feels urgent, it's designed to stop you from thinking — real savings don't disappear in 4 hours; manufactured urgency is a red flag under the FTC's own Guides Against Deceptive Pricing
The Verdict
The Bottom Line for American Shoppers
Black Friday in the U.S. is a $11.8-billion-per-day machine engineered to make you feel like you're saving money. The legal record — Overstock's $6.8M penalty, Ross's $4.9M settlement, the LA City Attorney's case against four national chains, Amazon class actions — shows the reality: fake reference prices are a systemic practice, not an occasional mistake. And unlike Europe, which mandates a 30-day lowest-price disclosure, the U.S. has no federal rule of that kind — which is why verifying every deal with independent price data is not optional for American shoppers. It's the only defense. Use CamelCamelCamel. Use Keepa. Use Refurbished Deals. Don't let urgency override evidence.
Consumer Reports — Top 10 Black Friday Shopping Tips (2025) and HDTV deals: Watch for doorbuster specials and "derivative" models
NBC News — "Black Friday Brief: 'Derivative' TVs a Smoking Deal or a Sham?"
CBS News — "Report Concludes That Black Friday Deals Are Just A Myth"
California Business & Professions Code § 17501 — 3-month former-price rule
California Attorney General — Overstock.com $6.8M penalty ruling (affirmed by Court of Appeal, 2017)
People v. JCPenney/Sears/Macy's/Kohl's — Los Angeles City Attorney's 2016 lawsuits
Ross Stores — $4.9M settlement over deceptive "Compare At" price tags
Fagerstrom v. Amazon.com, Inc. (2015) — federal class action over inflated Amazon "List Prices"
Adobe Analytics — Cyber Monday $14.25B record and Black Friday 2025 $11.8B record
National Retail Federation — 202.9M Thanksgiving weekend shoppers (2025 record)
Keepa — Amazon price tracker with browser extension
Refurbished.Deals price tracker — daily tracking across 950+ refurbished products from U.S. eBay sellers
Richard Thaler, "Mental Accounting and Consumer Choice" (Marketing Science, 1985) — transaction utility theory
Dan Ariely, Predictably Irrational (2008) — behavioral economics of pricing perception