Merci Ai offers an “unlimited” service on offer.

• In reality, hidden limits or a deterioration of the experience occur (lower quality, restrictions on use after a certain threshold).

• The normal rate is crossed out to make it look like a discount, while the service offered under promotion is not equivalent to that sold at full price.

• Consumers receive a “partial” or “degraded product”, contrary to the promise of a complete service.

Why is it illegal

- In France, article 121-1 of the Consumer Code prohibits misleading commercial practices, in particular false claims or claims that are likely to mislead.

- In the United Kingdom, the Consumer Protection from Unfair Trading Regulations 2008 punishes misleading acts or omissions, including presenting an offer as limited without this being the real case.

ETC

- Crossing out a full price to simulate a discount when the “promo” service is degraded constitutes false advertising.

- Article L121-4 of the Consumer Code states that advertising must be loyal and truthful about the essential characteristics of the product or service.

- The consumer must receive clear and unambiguous information about the offer (price, characteristics, eligibility conditions).

- Hiding limitations or a drop in quality constitutes a breach of this obligation.

Concrete example

If I buy a TV on sale, I buy the full screen, its resolution, sound and all its features, not just a quarter of the screen or an HD version instead of 4K. Likewise, a pack of promotional cakes should contain the same number of cookies and the same quality, not just 3 cookies in a pack sold at the price of a pack of 12.

In this case, the site displays a barred price to make it look like a Black Friday offer, then in fact delivers a limited or lower quality service.

This is not a legitimate promotion:

It is imperative to ensure transparent communication: show the true price, clearly mention any limitations, and deliver exactly what is announced.