In Two Fast-Track SWIFT Cases, National Advertising Division Recommends Advertiser Claims be Discontinued in One, Modification of Disclosures in Other

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New York, NY – June 28, 2022 – The National Advertising Division (NAD) of BBB National Programs closed two Fast-Track SWIFT cases in May 2022. In these cases:

• AT&T Services, Inc. challenged Charter Communications, Inc.’s (Spectrum) claim that AT&T’s internet service, without distinction between cable/copper or fiber services, provides unreliable and glitchy internet connectivity, to a consumer-noticeable degree for the activities depicted in the commercial.
• T-Mobile Puerto Rico, LLC challenged disclosures made by Liberty Mobile Puerto Rico Inc. in connection with certain wireless network performance claims.

Fast-Track SWIFT is an expedited NAD challenge process designed for single-issue advertising cases.

AT&T v. Spectrum

AT&T challenged a claim made by Spectrum in a television commercial titled “The Choice for Gamers Ad.” The commercial depicts, in writing, voiceovers, and visually, that Spectrum is the “winner” in providing internet service that is reliable and free from glitches as compared broadly to “telephone internet companies,” without elaboration, limitation, or qualification.

Spectrum objected to NAD’s consideration of AT&T’s challenge based on its contentions that the claim that AT&T challenged is not expressly stated in the commercial and the evidence of what quality of service AT&T offers across its footprint is complex. Charter also asserted that it permanently discontinued the challenged commercial before it learned of AT&T’s challenge and therefore declined to submit evidence in support of the challenged claim. NAD determined that it had jurisdiction over the challenge because Charter’s commercial continued to air through the date of the complaint and the challenge was appropriate for Fast Track SWIFT because it presented a single express claim that does not require review of complex evidence.

Because Spectrum provided no evidence to support its superior performance claim, NAD recommended that the advertiser discontinue the claim that AT&T’s internet service, without distinction between cable/copper or fiber services, provides unreliable and glitchy internet connectivity to a consumer-noticeable degree for the activities depicted in the commercial.

In its advertiser statement, Spectrum stated that it “is disappointed with NAD’s decision to accept this challenge for Fast-Track review” for several reasons but noted that it “remains a strong supporter of self-regulation and will take NAD’s recommendations into account in formulating its future advertising.”

T-Mobile Puerto Rico v. Liberty Mobile Puerto Rico

T-Mobile Puerto Rico challenged as insufficient the “material connection” disclosures made by Liberty Mobile Puerto Rico in connection with claims that Liberty’s wireless service has the “best network” and the “best coverage” based on testing from Global Wireless Solutions (GWS).

NAD noted that GWS conducted testing as a paid non-exclusive service to Liberty.   Although there is nothing unusual about the relationship between GWS and Liberty, NAD determined that consumers should be made aware of that relationship through a clear and conspicuous disclosure as it may affect the credibility and weight consumers give to the claim if they are aware that Liberty paid GWS for the study. Therefore, NAD recommended that Liberty clearly and conspicuously disclose that Liberty paid GWS for the study which is the source of its wireless network performance claims.

Advertisers are encouraged to learn more about the NAD Fast-Track SWIFT challenge process and how to file a challenge. 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.