Were You Misled by Coles 'Down Down' Pricing?

The class action was filed in the Federal Court of Australia (Victorian Registry) on 14 November 2024. A Statement of Claim, Defence, and Reply to Defence have all been filed. A two-week joint liability trial is scheduled to commence on 16 February 2026.

The ACCC commenced separate penalty proceedings against Coles in September 2024, focusing on imposing penalties for breaching Australian Consumer Law. This class action, brought by Gerard Malouf and Partners, focuses on securing financial compensation for consumers who were affected by the misleading pricing.

Yes. The Federal Court approved opt-out notice was sent to potential group members in October 2025. The deadline to opt out was 4:00 pm AEDT on 21 November 2025. If you missed the deadline, contact ColesClassAction@gmp.net.au to discuss the impact.

Helpful evidence includes: (1) Coles FlyBuys rewards program data showing purchase history, dates, prices, and discounts applied; (2) Receipts for products purchased during the relevant period that show 'Down Down' pricing.

The lead applicant is Benjamin Glenn Demery. The proceedings are formally known as 'Benjamin Glenn Demery v Coles Supermarkets Australia Pty Ltd' (VID1247/2024).

The class action covers 255 commonly purchased products at Coles that were subject to temporary price increases followed by 'Down Down' promotions at the same or higher prices between February 2022 and May 2023.

Yes. Coles confirmed that historical Coles Credit Card holder data was affected by the Latitude Financial cyber incident. Latitude was a former service provider to Coles Financial Services.

Based on public information, the incident should be described as a Latitude Financial cyber incident affecting historical Coles Credit Card holder data, rather than a confirmed breach of Coles' own supermarket or Flybuys systems.

People who held historical Coles-branded credit cards may have been affected. Latitude was responsible for contacting impacted customers directly where it had relevant contact details.

Coles stated that Latitude had not advised it of the number of impacted Coles customers at the time of its public statement. Any specific number should be verified against later Latitude or regulator updates before publication.

The broader Latitude breach involved personal information including identity document details and customer records. For Coles-branded credit card holders, the exact information affected may vary and should be checked against Latitude's direct notification to the individual.

Public reports stated that personal information used to issue historical Coles-branded credit cards was affected. Customers should check any notice received from Latitude to confirm the exact information involved in their case.

The public Coles statement concerned historical Coles Credit Card holder data affected through Latitude. It did not state that Flybuys was affected.

The public Coles statement concerned historical Coles Credit Card holder data affected through Latitude. It did not state that Coles Online accounts or supermarket shopping accounts were affected.

Affected customers should follow the instructions in any notice from Latitude. They may also contact Latitude's support channels, their bank or card provider, IDCARE, Scamwatch, or the OAIC depending on the issue.

Customers should read any Latitude breach notice carefully, monitor bank and credit accounts, watch for scam calls or texts, avoid clicking suspicious links, and keep records of any identity misuse, scam attempts, replacement ID costs or financial loss.

Yes. Personal information exposed in a data breach can be used for phishing, impersonation, identity checks, fake refund messages, fake debt notices, or scam calls claiming to be from Coles, Latitude, a bank or a government agency.

That depends on what information was exposed. Customers should follow Latitude's notification and the advice of the relevant state, territory or national identity document authority. They should keep receipts for any replacement costs.

The Coles-related issue forms part of the wider Latitude Financial data breach context. Gordon Legal and Hayden Stephens have publicly linked legal activity to the Latitude data breach, including an OAIC representative complaint. Any statement about a standalone Coles class action should be independently verified before publication.

Potentially, if their historical Coles Credit Card information was affected through Latitude. Eligibility would depend on the scope of the legal process, the person's relationship with Latitude, and the information exposed.

The OAIC and New Zealand privacy regulator commenced a joint investigation into Latitude's personal information handling practices. Affected Coles credit card customers may fall within the broader Latitude breach group if their data was held by Latitude.

Potential compensation would depend on the legal pathway and evidence. Relevant impacts may include replacement identity document costs, financial loss, time spent dealing with the breach, distress, scam attempts, identity misuse or loss of control over personal information.

Customers should keep Latitude or Coles notification emails, screenshots of scam messages, call logs, identity document replacement receipts, bank records, credit reports, Scamwatch or IDCARE reports, and notes of time spent dealing with the breach.

Individuals can generally complain to the OAIC about privacy issues after first raising the matter with the organisation involved. Customers should check OAIC guidance and any existing representative complaint process before lodging a separate complaint.

A cautious description is: 'Historical Coles Credit Card holder data was affected through the Latitude Financial cyber incident. Latitude was a former service provider to Coles Financial Services and contacted affected customers directly.'

Customers should avoid clicking links in unexpected messages, giving out passwords or one-time codes, installing remote access software, or moving money to a so-called safe account. They should verify contact through official websites or known phone numbers.

The Coles 'Down Down' promotion class action has been brought by Gerard Malouf & Partners on behalf of affected shoppers.

The ACCC alleged that Coles temporarily increased prices on certain products, then promoted those products under 'Down Down' as if shoppers were receiving a genuine discount, when the promoted price was sometimes the same as or higher than the earlier regular price.

On 14 May 2026, the Federal Court found that Coles made false or misleading representations about 'Down Down' discounts in ACCC proceedings. The ACCC said the proceedings related to 245 common products sold by Coles.

Coles has not admitted wrongdoing in the class action. In the ACCC proceeding, the Federal Court has made findings against Coles, but Coles may still consider appeal options and penalties or further orders may be dealt with separately.

Yes. Coles may have appeal rights depending on the final orders and procedural steps. The class action page should say the class action will proceed subject to any appeal filed by Coles on the ACCC liability findings.

The class action concerns specific affected products included in the court materials and product schedules. Customers should check the official court notice, statement of claim or law firm updates to confirm whether a particular product is included.

The ACCC said the Federal Court proceedings against Coles related to 245 common products sold by Coles.

'Down Down' was a Coles promotional campaign used to advertise price reductions. The legal issue is whether some 'Down Down' promotions gave shoppers the impression of a genuine discount when, according to the ACCC and class action allegations, the product price had first been temporarily increased.

The relevant period should be checked against the official court notice and class action materials. Public reporting and court materials refer to alleged 'Down Down' conduct occurring between 2021 and 2023, with the ACCC case focusing on conduct in that period.

Receipts can be helpful but may not be the only possible evidence. Other useful records may include Coles online order history, Flybuys purchase history, email receipts, bank statements, credit card statements, shopping apps, screenshots or other records showing purchases of affected products.

You may still have other evidence, including Flybuys history, online shopping records, bank or card statements, email confirmations, grocery delivery invoices or household records. The final claims process, if any, will determine what evidence is accepted.

The claim may include purchases made through Coles channels if they fall within the group definition and affected product list. Customers should check the official notice to confirm whether online purchases are included.

Yes, the class action is expected to cover in-store purchases of affected products if they meet the group definition and relevant period. Customers should check the official court notice for the final terms.

The Coles 'Down Down' class action concerns supermarket discount pricing claims. Liquorland, First Choice or Vintage Cellars purchases should not be assumed to be included unless the official court documents expressly include them.

The class action concerns Coles supermarket 'Down Down' promotional pricing. Coles Express or service station purchases should not be assumed to be included unless expressly stated in the court-approved materials.

Potential compensation depends on the outcome of the class action, any settlement, appeal issues, legal costs, administration costs, group member numbers and each person's purchases of affected products.

No. Eligibility is likely to depend on whether the person purchased affected products during the relevant period and meets the court-approved group definition. Not every Coles shopper will necessarily qualify.

Class action requirements can change depending on court orders. Some group members may be automatically included unless they opted out, while later settlement or distribution stages may require registration or claims. Customers should follow official court and law firm notices.

Opting out means a person chooses not to be part of the class action. A person who validly opts out is generally not bound by the result and does not share in any class action settlement or judgment, but may preserve any separate individual rights.

If you are a group member and did not opt out by the deadline, you may remain part of the class action and may be bound by the outcome, including any settlement or judgment approved by the court.

You may already be included if you meet the group definition and did not opt out. Whether any later registration is required will depend on court orders and any settlement or distribution process.

Affected shoppers should keep Coles receipts, Flybuys records, online order history, email invoices, screenshots, bank or credit card statements and any documents showing purchases of affected products during the relevant period.

Yes. Flybuys purchase history may help identify Coles purchases and could be useful evidence, especially where paper receipts are no longer available.

Bank or credit card statements may help show that purchases were made at Coles, but they may not identify the specific products purchased. They are still worth keeping alongside receipts, Flybuys records or online order histories.