Answer: Telling a customer that they will receive a special discount given to them alone when the price is merely the standard price certainly qualifies as a classic case of geneivas da'as. The reason is as we have discussed in previous segments on this subject, geneivas da'as includes any scenario of someone misleading others into thinking he is doing or giving him something special, where in reality he isn't.
On the other hand, telling a customer that an item is on sale when it is not, does not constitute geneivas da'as. The reason is that in this case, one does not mislead the customer about the quality or price of the product (as the price he tells him stays the same whether he tells him it is a discount or tells him it is regular) , nor does he deceive him into believing that he is receiving a special favor.
Although saying that the item is on sale when it is not, is technically permitted regarding geneivas da'as, the Aruch HaShulchan (O.C. 156) says that such practices do not qualify as nosei v'nosein be'emunah, doing business faithfully and honestly. Thus, since the Gemara states that after a person dies, the Heavenly Court will ask him if he was nosei v'nosein be'emunah (Shabbos 31a), one should not engage in this type of activities. Similarly, the Chafetz Chaim writes in his work Sefas Tamim that this would constitute an element of falsehood and should not be done (see Bava Metzia 49a), even if it does not technically violate geneivas da'as.
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