Verified Refurbished by eBay · From brands & certified sellers · Save up to 50-75%
Home Blog Black Friday Investigation
Investigation April 23, 2026

The Black Friday Price Lie. Most U.S. deals are fake.

Americans spent $11.8 billion online on Black Friday 2025 — a record — but U.S. regulators, consumer advocates, and major retailers' own court records show that most of those "deals" aren't actually the lowest price. Here's what the data shows, what the FTC and state attorneys general have proven, and how price tracking exposes the truth.

$11.8B
BLACK FRIDAY 2025 ONLINE
Adobe Analytics: record U.S. online spend, up 9.1% year-over-year. NRF counted 203 million shoppers.
$6.8M
OVERSTOCK PENALTY
Largest U.S. price-advertising penalty ever. California proved Overstock used formulas, not real prices, for "Compare At" labels.
4
U.S. RETAILERS SUED
The Los Angeles City Attorney sued JCPenney, Sears, Macy's, and Kohl's in one filing — all over fake "original" prices.
This U.S.-focused investigation draws on Adobe Analytics holiday spending data, National Retail Federation (NRF) shopper surveys, Consumer Reports and Wirecutter product testing, FTC guidance (16 CFR Part 233), and court records from California, the Los Angeles City Attorney's office, and federal class actions. Price data spans 2010–2025. Every statistic is linked to its primary source at the bottom of this article.
Section 01

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.

KEY FINDING

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.

Section 02

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

RETAILER TACTIC

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.

Section 03

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.

U.S. BLACK FRIDAY SPENDING SETS RECORDS EVERY YEAR
Americans Are Spending More. Are They Saving More?
Adobe Analytics U.S. online spending on Black Friday — every year a new record, regardless of the actual discount depth.
Black Friday 2020 (Adobe)
$9.0B
Black Friday 2022 (Adobe)
$9.1B
Black Friday 2023 (Adobe)
$9.8B
Black Friday 2024 (Adobe)
$10.8B
Black Friday 2025 (Adobe)
$11.8B

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.

U.S. DATA POINT

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.

Section 04

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.

LEGAL ACTION · CALIFORNIA

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.

LEGAL ACTION · LOS ANGELES CITY ATTORNEY

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.

CLASS ACTION · FEDERAL COURT

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.

SETTLEMENT · CALIFORNIA

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.

CASE STUDY

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 Study
Section 05

The 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.

CONSUMER REPORTS · NBC NEWS

"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.

Section 06

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.

United States
Rule 16 CFR Part 233 (FTC)
Requirement "Former price" must be genuine — no fixed window defined
Enforcement Case-by-case by state AGs, not FTC
Status GUIDELINES (advisory)
California (state)
Rule Bus. & Prof. Code § 17501
Requirement Former price must have been genuine within 3 months before the ad
Enforcement Penalties up to $2,500 per violation
Status LAW (binding in CA)
European Union
Rule Omnibus Directive (2022)
Requirement Must display lowest price from past 30 days next to any sale
Enforcement Per-country, automatic on every product
Status LAW (EU-wide)

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.

Section 07

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.

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.

Section 08

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.

HOW TO USE IT

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.

Section 09

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.

Black Friday "Deal"
Price $749 (25% off)
Condition New (maybe BF-specific model)
Warranty 30-day return
Price Verified UNVERIFIABLE
Regular Retail
Price $999 MSRP
Condition New
Warranty 1 year
Price Verified FULL PRICE
Certified Refurbished
Price $549 year-round
Condition Certified by manufacturer
Warranty 1-2 year warranty
Price Verified PRICE TRACKED DAILY

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.

Section 10

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:

Section 11

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.

U.S. Government & Legal
FTC Guides Against Deceptive Pricing (16 CFR Part 233) — federal guidance on reference-price advertising
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"
U.S. Price Tracking Tools
CamelCamelCamel — free Amazon price history, tracking continuously since 2008
Keepa — Amazon price tracker with browser extension
Refurbished.Deals price tracker — daily tracking across 950+ refurbished products from U.S. eBay sellers
Academic & Research
Kahneman & Tversky, "Judgment Under Uncertainty: Heuristics and Biases" (Science, 1974) — anchoring heuristic
Richard Thaler, "Mental Accounting and Consumer Choice" (Marketing Science, 1985) — transaction utility theory
Dan Ariely, Predictably Irrational (2008) — behavioral economics of pricing perception
This article is for informational purposes only. Statistics cited are from published reports and legal records. Refurbished Deals is a participant in the eBay Partner Network. We may earn a commission when you purchase through our affiliate links at no additional cost to you.

Stop Guessing. Start Tracking.

Use Refurbished Deals' daily price tracker to verify any deal — Black Friday or otherwise.

Browse Tracked Prices