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How to run an honest holiday sale

Eight checks for the week before Thanksgiving. Every rule links to the page we read it on, on October 26, 2026.

1. Mark the 2026 dates

   Thanksgiving is Thursday, November 26 (OPM). Black Friday (November 27) and Cyber Monday (November 30) are part of “the five-day shopping period that begins on Thanksgiving Day and continues through the following Monday” (NRF). Small Business Saturday falls on the Saturday after Thanksgiving, November 28 (SBA), and GivingTuesday is December 1, 2026 (GivingTuesday).

2. Make every “was” price real

   A former price should be “the actual, bona fide price at which the article was offered to the public on a regular basis, for a reasonably substantial period of time,” not a price raised just so you can cut it. Comparing with other stores? Their price shouldn’t appreciably exceed what the item really sells for in your area. And claim savings off a “list price” only if real sales happen at that price (FTC pricing guides, 16 CFR 233.1–233.3).

3. Buy one, get one free? Keep the first price regular

   The item people pay for must stay at its regular price, the one you openly sold it at for about the last 30 days, with no markup and no lower quality to cover the free one. State the conditions “clearly and conspicuously at the outset of the offer,” and the guide says no more than three such offers in the same area in any 12 months (FTC “Free” guide, 16 CFR 251.1).

4. Use only real deadlines and real stock counts

   An FTC staff report names countdown timers on offers that aren’t actually time-limited, and claims that an item is almost sold out when there is plenty, as dark patterns (FTC, Bringing Dark Patterns to Light). If your sale ends at midnight Monday, say so; if it doesn’t end, don’t count down.

5. Never post a fake review

   The FTC’s rule on consumer reviews and testimonials, in effect since October 21, 2024, bans fake reviews, buying reviews that must be positive, undisclosed insider reviews and hiding bad reviews, and courts can impose civil penalties for knowing violations (FTC).

6. Promise only the shipping you can keep

   If you sell online and say when you’ll ship, ship by then; if you say nothing, you need a reasonable basis for shipping within 30 days. If you can’t ship on time, tell the customer and offer to cancel with a full, prompt refund (FTC mail, internet or telephone order rule).

7. Selling gift cards? Know the federal rules

   Gift cards top many lists: 47% of holiday shoppers want them (NRF). The money on a store gift card can’t expire for at least five years from the day it was issued or last loaded, and an inactivity fee is allowed only after a year with no use, no more than once a month, and only if it’s disclosed (Regulation E, 12 CFR 1005.20).

8. Post before, on the day and after

   The SBA suggests sharing your deals on social media and promoting gift cards for the holiday season (SBA). Post your sale a few days ahead, again on the day, and a thank-you after. People are out: a record 202.9 million shoppers shopped from Thanksgiving Day through Cyber Monday 2025 (NRF), and the NRF expects November–December 2026 sales to grow 4.2% to $1.013 trillion (NRF).

Not legal advice; this checklist summarises the linked pages as of October 26, 2026. State laws on sales, gift cards and refunds can add more rules.

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