THE ‘DM FOR PRICE’ PRACTICE
- koko talks
- 26 minutes ago
- 5 min read
The price of goods and services have for long been displayed on the goods and services for sale. From price tags to catalogues, physical stores always had to display their prices to intended customers, but since the invention of social media, vendors have taken to marketing their products online. While an amazing innovation, it has come with considerable problems, significantly the lack of control in marketing measures. One of such problems which we would discuss further is the “Dm for price” practice which has now taken over the Nigerian fashion retail industry.
The “DM for price” practice is where a fashion retail vendor markets their products on social media without a display of the price. This happens mostly on Instagram and other media intensive social media apps. One of the drivers of this practice is the need to create engagement, the room to inflame or deflate prices depending on the perceived economic capability of a customer, and the perceived exclusivity it signals to the general public.
While this has become commonplace in Nigeria’s fashion retail space, it is not as legal as we think it is. Individuals in society are free to transact business however they please, but the law tries as much as possible to set parameters to make these transactions go as smoothly as possible. One of such laws is the Federal Competition and Consumer Protection Act (FCCPA).
THE LEGAL PERSPECTIVE
The primary purpose of the FCCPA in Nigeria is to promote fair business practices and safeguard the interest of consumers. It dictates rules for consumer protection and prescribes sanctions for breach of its specified rules. One of such rules is the rule against non-disclosure of price of goods or services. In section 115 of the Act, it stipulates that “An undertaking shall not display any goods or services for sale without adequately displaying to the consumer a price of those goods or services”. The Act further goes ahead to state that a price is adequately displayed to a consumer if a written indication of the price expressed in naira, is affixed to, written, printed or stamped to the good or service, or on the shelf, package, or any other thing used in connection with the good.
While the FCCPA does not contain a specific definition of "display of goods" exclusively for online platforms, the broader Nigerian Advertising Code provides crucial interpretive guidance. This code dictates that all advertisements targeting the Nigerian market must be "legal, decent, honest, truthful, respectful," and must actively avoid "misinformation or disinformation".More specifically, Article 30 of the Advertising Code stipulates that "advertisements indicating the cost of or charges for products or services shall disclose all information relating to the cost of or charges for the products or services in such a manner that consumers will not be required to incur extra costs or charges for the products". The "DM for price" practice, by compelling a consumer to take an additional step and expend effort to obtain basic pricing information, directly contravenes this principle of upfront, comprehensive disclosure. In the instance of the fashion retail industry, this means that all goods displayed for sale on online retail platforms like Instagram and other social media must have their prices attached. Online fashion retail businesses cannot bypass Section 115 by claiming social media posts are not "displays" in a traditional sense. A failure of this is fines for organizations, imprisonment for directors, cease and desist orders, compulsory corrective advertising, and liability for damages incurred by consumers.
The FCCPC has conducted checks and temporarily sealed the premises of Fast-Moving Consumer Goods (FMCG) stores found displaying lower prices on shelves but charging higher prices at checkout, explicitly citing contravention of Section 115 of the FCCPA. These actions, while in physical retail, underscore the FCCPC's commitment to upholding the principle of price transparency and preventing deceptive practices, regardless of the transaction medium. This signals that fashion businesses operating online should not assume immunity from FCCPC scrutiny.
THE IMPORTANCE OF PRICE TRANSPARENCY
Asides the legal consequences, there are other negative effects this practice can cause on a fashion retail business. It indicates a major lack of transparency and can lead to distrust from customers. Due to the current state of the Nigerian economy, consumers have become more price sensitive and are easily put off by this practice.
In the Nigerian e-commerce landscape, building trust is particularly vital due to the prevalence of fraudulent practices. The lack of transparency, especially through undisclosed prices, directly erodes consumer trust and leads to dissatisfaction. It conveys an impression that the business is "shady and not professional", actively undermining brand credibility. Hiding prices therefore makes it harder for brands to overcome inherent market scepticism, convert leads, and establish long term customer relationships. This in turn leads to loss of sales and a negative brand impression which impacts the overall growth of the business.
WHAT FASHION BRANDS SHOULD DO INSTEAD
The perceived competitive advantage of hiding prices, often cited as the reason for this practice is illusory. A much better practice for fashion businesses is transparency. Transparency, especially in pricing, by complying with the provisions of section 115 of the FCCPA, 2018. Fashion businesses must clearly state product prices in their social media post captions, product descriptions, or on dedicated e-commerce platforms. Direct messages can be utilized for personalized follow up or addressing specific customer queries, but they should not serve as the primary method for price disclosure. Some fashion businesses with transparent pricing are Andrea Iyamah and D’iyanu.
CONCLUSION
The “DM for price” practice is illegal, and detrimental to fashion businesses, undermining trust, creating friction, and harming sales. It is important for online fashion retail businesses to display clear and transparent pricing on all products, in compliance with consumer protection laws. This not only fosters trust with customers but also improves the shopping experience, reduces barriers to purchase, and ultimately drives sustainable growth for online fashion retail businesses.
PROFILE OF GRACE EFIONG
Grace Efiong is a qualified Nigerian fashion lawyer passionate about protecting creatives in Africa’s fashion industry. She advises models, designers, and other fashion industry entrepreneurs on Contracts, Intellectual Property protection, and Fashion business strategy.
A member of the Fashion Law Institute Africa, Grace also speaks at industry masterclasses, where she educates fashion creatives on legal awareness and representation. Her mission is simple: to empower fashion creatives with the knowledge and legal protection they need to thrive.
REFERENCES
Federal Competition and Consumer Protection Act, 2018.
Ibid
Supra note 1.
Section 115 (2) of FCCPA, 2028.
Nigerian Code of Advertising, 6th Edition
Advertising and Marketing 2024 - Nigeria - Global Practice Guides - Chambers and Partners, accessed August 10, 2025, https://practiceguides.chambers.com/practice-guides/advertising-and-marketing-2024/nigeria/trends-and-developments
Ibid
FCCPC Acts On Deceptive Pricing At Fast-Moving Consumer Goods Store, accessed August 11, 2025, https://fccpc.gov.ng/fccpc-acts-on-deceptive-pricing-at-fast-moving-consumer-goods-store
Ibid
Trust as a Mediator in Nigerian E-Commerce: Impacts on Consumer Behavior, Product Quality, and Convenience - ResearchGate, accessed August 13, 2025, https://www.researchgate.net/publication/387858631_Trust_as_a_Mediator_in_Nigerian_E-Commerce_Impacts_on_Consumer_Behavior_Product_Quality_and_Convenience
Why You Should Avoid DM for Price on Instagram - TikTok, accessed August 13, 2025, https://www.tiktok.com/@naijabrandchick/video/7274248041182416133
DM for price is killing small businesses on Instagram - Mashup Marketing, accessed August 13, 2025, https://mashupmarketing.co.za/dm-for-price-is-killing-small-businesses-on-instagram/