National Advertising Division Recommends Comcast Discontinue “Unlimited 5G” and “Best Price” Claims for Xfinity 5G Mobile Plans
703.247.9330 / press@bbbnp.org
New York, NY – December 14, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Comcast Cable Communications, LLC discontinue the following “Unlimited 5G” and “best price” claims for its Xfinity 5G mobile plans as challenged by competitor T-Mobile US, Inc.:
- “Unlimited 5G”
- “Break free from the big three” carriers and “get the best price for Unlimited 5G”
- “[G]et the best Unlimited price”
- “Xfinity Mobile now has the best price for Unlimited 5G”
- “Switch to Xfinity Mobile and get the best price for Unlimited”
- “Get the best price on Unlimited data”
- “Get Unlimited 5G for $30/mo per line”
- “Get four lines of Unlimited 5G data for just $30/mo each with our new pricing”
- “Get 4 lines of Unlimited 5G data for just $30/line/mo”
- “The more lines you add, the more you save with our new plan pricing.”
NAD determined that the advertiser’s “Unlimited 5G” claim communicates the specific message that the plan offers an unlimited amount of data at a particular speed, that is, at 5G speed. Xfinity Mobile customers get access to 5G speed up to 20GB of data per month. After reaching 20GB of data, a customer’s data is limited to 3G speeds.
Although Comcast’s “Unlimited 5G” claims are sometimes accompanied by a disclaimer stating, “Reduced speeds after 20GB of usage/line,” NAD found that this disclosure cannot cure the misleading message conveyed by the main claim because it contradicts the message that 5G data on the plan is “unlimited.” Therefore, NAD determined that the advertiser’s “Unlimited 5G” claims are not supported and recommended that they be discontinued.
Further, NAD determined that a series of “best price” claims convey the unsupported message that a four-line plan for Xfinity Mobile “Unlimited 5G” ($30 per line) costs less than its competitors’ four-line pricing at the time the claim was disseminated, including T-Mobile’s four-line promotional price for its Essentials plan ($26 per line). Accordingly, NAD recommended that the claim that Xfinity’s plan has the “best price” be discontinued.
NAD noted that the evidence in the record may support more qualified, unsurpassed price comparison claims that make clear that the comparison excludes temporary promotional pricing. NAD also noted that as pricing shifts in the marketplace, Comcast may be able to support a more limited unsurpassed pricing claim.
In its advertiser statement, Comcast stated that it “agrees to comply with NAD’s recommendation.” The advertiser further stated that it “agrees that an appropriate disclosure can make clear to consumers the basis of comparison (including comparisons which exclude temporary promotional pricing) and will comply with NAD’s recommendation in future advertising.”
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.
###
About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
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
National Advertising Division Recommends Verizon Discontinue or Modify Certain Claims for Satellite-Supported Texting Services
New York, NY – November 7, 2024 – In a Fast-Track SWIFT challenge brought by T-Mobile, the National Advertising Division recommended that Verizon either discontinue certain claims about satellite-supported texting services in remote locations or modify them to disclose the necessary conditions for Verizon customers...
Following National Advertising Division Challenge, PetIQ Voluntarily Discontinues Certain Claims for NextStar Flea & Tick Topical
New York, NY – November 6, 2024 – Following a National Advertising Division challenge, PetIQ discontinued certain claims for its NextStar Flea & Tick topical flea prevention and treatment product, which appeared on PetIQ’s website, social media, and third-party websites.
National Advertising Division Finds Certain Safety Claims for Drunk Elephant Skincare Products Supported; Recommends Modification of Influencer Posts
New York, NY – November 4, 2024 – The National Advertising Division determined certain Drunk Elephant social media claims regarding skincare products being “safe for kids and tweens to use” were supported, but determined that two TikTok video influencer disclosures for Drunk Elephant's B-Goldi...
Direct Selling Self-Regulatory Council Recommends Lovvare Discontinue Earnings and Product Performance Claims
McLean, VA – October 28, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Lovvare, a direct selling company that sells nutritional and wellness products, discontinue product performance and earnings claims made by salesforce members on Facebook and the Lovvare website.