BBB National Programs Archive

NAD Recommends MyGait Modify, Discontinue Certain Claims for Computer Promoted to Senior Citizens to Better Disclose Benefits Tied to Service Plan

New York, NY – July 13, 2016 – The National Advertising Division has recommended MyGait, LLC, discontinue certain claims for the company’s for its MyGait Elite II Computer, but found the company could support its “designed for seniors” claims.

NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.

As part of its routine monitoring practice, NAD requested the advertiser’s substantiation for claims that were featured in the American Association for Retired Persons’ (AARP) Bulletin – a monthly news publication for AARP members, or appeared at the advertiser’s website.

Claims at issue included:

  • “The failure-free, worry-free computer designed just for seniors.”
  • “Out-of-box setup in just 15 minutes.”
  • “Lifetime Unlimited Support**  **Computer includes a worry-free $19.95 monthly service program.”
  • “The MyGait Senior Computer includes a highly personal U.S.-based support network, available through the built-in HELP on MyGait or via telephone by toll-free call. You can reach a patient, friendly customer service representative who will answer all your computing questions and enrich your total experience.” [with no related disclaimer or mention of monthly charge.]
  • And if your MyGait computer ever has a technical issue, we will replace it!” [with no related disclaimer or mention of a monthly charge.]

NAD also considered whether the advertising at issue implied that unlimited lifetime support for MyGait customers is included in the $999 price.

A key issue for NAD that was the manner in which the advertiser disclosed to consumers that in order to attain most of the benefits associated with the product, they must also purchase the advertiser’s “worry-free $19.95 monthly service program.”

As NAD noted in its decision, two of the primary “senior friendly” features promoted by the company are the specially designed cloud-based software – which has a simplified user interface, prominent zoom function, and high contrast coloring – and its technical support. However, the software and tech support benefits are only available with the advertiser’s “worry-free $19.95 monthly service program.”

NAD found that the advertising reasonably conveyed the unsupported message that consumers could access the benefits with the one-time purchase of the physical MyGait computer.

Reviewing the claims in the context in which they appeared, NAD found that consumers

would not understand that the advertiser’s product benefits necessarily requires two purchases – the computer and the monthly service program.

NAD recommended the advertiser modify its product benefit claims, including its claims that its product is “failure-free” and “worry-free,” to expressly state that in order to obtain these benefits, they would need to purchase the computer and subscribe to a monthly service plan.

NAD determined that the advertiser supported its claim that the MyGait Elite II Computer was “designed for seniors.” However, NAD recommended that the advertiser modify its “out-of-box set up in just 15 minutes” claim to disclose that the quick set up requires that they have a working internet connection.

NAD recommended that the advertiser discontinue its unsupported claim that the MyGait computer “does everything a costly complicated computer does.”

MyGait said in its advertiser’s statement that the company agrees to comply with the NAD’s recommendation. “As a company dedicated to helping seniors, we appreciate the NAD’s thoughtful consideration of our advertising and we will incorporate all recommendations in future ads,” MyGait said.

Note: A recommendation by NAD to modify or discontinue a claim is not a finding of wrongdoing and an advertiser’s voluntary discontinuance or modification of claims should not be construed as an admission of impropriety. It is the policy of NAD not to endorse any company, product, or service. Decisions finding that advertising claims have been substantiated should not be construed as endorsements.