Misleading reference pricing
Permanent sale uses an invented “was” price
A fictional store shows “Was €180, now €79” even though the jacket has never been offered for €180 and sells at €79 throughout the season.
Individual HTML example · Interface interference
Member discount compares with unavailable tier
A fictional booking service calls €90 a “40% member saving” by comparing it with a €150 flexible fare that is not offered for the same dates or conditions.
This is an original fictional comparison. It depicts no real company and is not a legal finding or safe harbour.
Member discount compares with unavailable tier
A fictional booking service calls €90 a “40% member saving” by comparing it with a €150 flexible fare that is not offered for the same dates or conditions.
Members save 40%. The comparator has different dates and conditions and is not purchasable in this search.. Displayed amount: €90: €90 vs €150. Member €90 · public €105
Like-for-like price comparison. The member and public fares share the same dates, room and cancellation terms.. Displayed amount: €90: Member €90 · public €105. €90 vs €150. Price, period and commitment, expanded: The price and material terms associated with “Member €90 · public €105” remain beside this choice.
Why the first version can mislead: The presentation changes what the user can notice or predict at the pricing decision. The problematic state shows: “The comparator has different dates and conditions and is not purchasable in this search.” Its influence should be tested by comparing the consequence and usability of “€90 vs €150” with “Member €90 · public €105”. Travellers may overvalue membership because the compared offers are not meaningfully equivalent.
What a fairer design does: Compare like-for-like offers and state the fare conditions, date and audience behind any saving.
Show annotated differences (2)
Potentially problematic version
- Member €90 · public €105In “Member discount compares with unavailable tier”, this element shows how misleading reference pricing can shape the decision.
Neutral alternative
- Price, period and commitment, expanded: The price and material terms associated with “Member €90 · public €105” remain beside this choice.In “Member discount compares with unavailable tier”, this element keeps the clearer alternative visible at the same decision point.
Review questions (3)
- Do “€90 vs €150” and “Member €90 · public €105” receive comparable prominence and explain their consequences before activation?
- Place the compared prices, billing periods and material terms on one evidence sheet; where does it support “Arithmetic, comparison basis or external history is inconsistent, inaccurate or unverified”?
- What neutral rendering or comprehension result would falsify the classification, particularly in light of “mere display of two genuinely different product prices”?
Complete pattern context
How this example relates to Misleading reference pricing
A comparison or prior price creates an inaccurate or insufficiently explained impression of savings. The label describes a recurring design mechanism; whether a particular implementation is harmful or unlawful depends on the complete journey, audience, evidence and rules within scope.
The full guide explains inclusion and exclusion criteria, harms, fair design principles, evidence questions and the relevant EU legal information layers. The example page isolates one scenario so it can be shared and discussed without reproducing the complete library on one page.
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Sources and provenance for this example
Evidence base
Sources
- Dark commercial patternsOrganisation for Economic Co-operation and Development · Secondary · checked 2026-09-14 · OECD Digital Economy Papers No. 336
- Unfair Commercial Practices DirectiveEuropean Parliament and Council of the European Union · Primary · checked 2026-08-09 · Directive 2005/29/EC; CELEX 02005L0029-20220528