National Advertising Division Recommends Charter Modify Certain Claims for Spectrum Business Wireless Internet Backup

New York, NY – April 3, 2024 – In a challenge brought by AT&T Services, Inc., BBB National Programs’ National Advertising Division recommended that Charter Communications, Inc. modify certain claims for its Spectrum Business Wireless Internet Backup service. 

At issue for the National Advertising Division (NAD) was whether the challenged claims, which appeared in a one-minute commercial for Charter’s Spectrum Business, convey a misleading message about the performance and availability of Spectrum’s Business Wireless Internet Backup service.

Backup internet service provides a level of connectivity (approximately 8 hours for up to four devices) and is “reliable” in that it can provide connectivity in an emergency. The service, however, functions as a backup service that does not run indefinitely on all connected devices with the same speeds as regular service.

NAD determined that one reasonable takeaway from Charter’s commercial is that Spectrum Business Wireless Internet Backup service does not simply provide some continuation of service in the event of a power outage but provides the same level of service in a power outage so the business will “never miss a beat.” Further, although NAD concluded that the onscreen disclosure is not sufficiently prominent, it also noted that even a more prominent disclosure of the specific limitations of the backup service may be ineffective in a context that claims, “complete connectivity and reliability” and emphasizes “you never miss a beat.”  

Accordingly, to avoid conveying the implied message that Spectrum Business Wireless Internet Backup subscribers’ internet connection will not degrade or slow down during power outages, NAD recommended that Charter modify the claims: 

  • Provides “Complete Connectivity & Reliability,”
  • Maintains the same level of connectivity and reliability during a power outage as during normal operating wired conditions, and
  • Is “Made to keep you online even when the power’s off, with the complete connectivity and reliability you get from wireless internet backup.”

 

In its advertiser statement, Charter stated that it “will comply with NAD’s recommendations with respect to the challenged commercial” although it “disagrees with NAD’s conclusions.”  

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. Per NAD/NARB procedures, this release shall not be used for advertising or promotional purposes.

 

Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.

 

 

 

 

Latest Decisions

Decision

Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action

McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.  

Read the Decision Summary
Decision

Children’s Advertising Review Unit Recommends JustPlay Discontinue or Modify Daisy the Yoga Goat Claims

New York, NY – December 19, 2024 - The Children’s Advertising Review Unit (CARU) launched an investigation into advertising for Just Play’s furReal Daisy the Yoga Goat seeking to determine if the toy’s product packaging and commercial advertisements comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising.

Read the Decision Summary
Decision

In National Advertising Division Fast-Track SWIFT Challenge, Oral Essentials Voluntarily Modifies “Made in USA” Claims

New York, NY – December 19, 2024 – In a National Advertising Division challenge, Oral Essentials agreed to permanently modify its claim that certain Oral Essentials oral healthcare products are “Made in USA.” 

Read the Decision Summary
Decision

National Advertising Division Recommends Zuru Modify or Discontinue Certain Claims for its Rascals and Millie Moon Diapers

New York, NY – December 18, 2024 – The National Advertising Division recommended Zuru Edge Limited modify or discontinue certain claims for its Rascals and Millie Moon diaper products.

Read the Decision Summary