Emma Group: consumer protection case
The CMA is investigating the use of urgency claims by the Emma Group.
This investigation forms part of the CMA’s consumer enforcement work, tackling potentially harmful online selling practices.
Case timetable
| Date | Action |
|---|---|
| 17 October 2024 | Commencement of action |
| 29 May 2024 | Letter before claim issued |
| 4 July 2023 | Consultation letter issued |
| 28 November 2022 | Case launch |
Settlement update
22 May 2026: The CMA has secured a court-confirmed settlement with Emma Sleep in the High Court following Emma Sleep admitting it broke consumer law by using misleading countdown timers, and false ‘high demand’ messages and ‘discount’ claims that created false pressure on consumers to make purchases. As part of the settlement, Emma Sleep has given binding undertakings to stop these practices and ensure that future claims on its website are clear, accurate and do not create a misleading sense of urgency.
Under the terms of the settlement, Emma Sleep must also implement robust compliance measures across its business, including monitoring adherence to the undertakings, reporting to the CMA, and taking prompt action to address any potential breaches. The commitments are legally binding and enforceable by the Court, meaning that any failure to comply could result in contempt of court proceedings and significant penalties.
While this aspect of the case has now been resolved, a separate issue concerning Emma Sleep’s use of ‘was/now’ reference pricing remains ongoing and will be determined at a trial starting on 4 June 2026.
- Press release: Court endorses CMA action as Emma Sleep agrees to change sales practices (28.5.26)
- (22.5.26)
Trial date
On 1 August 2025, the trial was listed to be heard in the High Court in the 5-day window commencing on 3 June 2026, with a time estimate of 3 days.
Commencement of action
25 October 2024: The CMA has issued court proceedings against Emma Matratzen GmbH, Emma Sleep GmbH and Emma Sleep UK Limited (together Emma Group).
Following the CMA’s investigation into Emma Group, which forms part of the CMA’s consumer enforcement work tackling potentially harmful online selling practices, the CMA has determined that it is necessary to seek an enforcement order from the court against Emma Group requiring it to change its online selling practices. The CMA filed its claim in the High Court on Thursday 17 October 2024.
This action, taken under section 215 of the Enterprise Act 2002, comes after the CMA issued Emma Group with a letter before action in May 2024. Emma Group has not made formal commitments to change its online selling practices and address the CMA’s concerns, and the CMA is accordingly seeking a court order to ensure that consumers are not misled by those practices.
Letter before claim
29 May 2024: The CMA has notified Emma Matratzen GmbH, Emma Sleep GmbH and Emma Sleep UK Limited, and their directors (the Emma Group), that unless it commits to making changes to its practices the CMA will commence court action.
The CMA wrote to the Emma Group on 24 July 2023 setting out in detail its concerns. To avoid taking court action, the CMA sought a formal commitment from the Emma Group, by way of undertakings, to change its online sales practices.
The Emma Group has not agreed to provide undertakings that are sufficient to address the CMA’s concerns.
The CMA has now informed the Emma Group that it is preparing to take court action and will launch proceedings if it does not commit to changing its practices without unnecessary delay.
Consultation letter
4 July 2023: The CMA has issued a consultation letter to Emma Sleep GmbH, Emma Matratzen GmbH, Emma Sleep UK Limited and other firms in the same corporate group and their directors (‘the Emma Group’) in relation to possible breaches of consumer protection law. The letter details the CMA’s specific concerns about the Emma Group’s online sales practices, including whether its ‘urgency claims’ such as countdown timers and ‘high demand’ claims, and ‘discounts’ were misleading consumers. The CMA has asked the Emma Group to take steps to address these. The Emma Group now has an opportunity to respond to the CMA’s concerns.
Case opening
30 November 2022: The Competition and Markets Authority (CMA) has opened an investigation into Emma Sleep GmbH and other firms in the same corporate group (the Emma Group)’s compliance with consumer protection law.
As part of this, the CMA is investigating the Emma Group’s use of online urgency claims, such as countdown clocks.
The CMA will now engage with the Emma Group and gather evidence to consider whether the CMA thinks any of the companies in the group have broken consumer protection law. The CMA is at the initial stage of its investigation. Accordingly, it should not be assumed that any company under investigation has broken consumer protection law.
Contact
Director, Fred Houwen
Senior Responsible Officer, Hayley Fletcher
Updates to this page
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Court settlement update published.
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Trial date confirmed.
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Commencement of action.
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Letter before claim announced
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First published.