National Advertising Review Board Recommends AT&T Discontinue or Modify Supplemental-Coverage-from-Space Claim

New York, NY – August 8, 2024 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that AT&T Services, Inc. discontinue or modify the claim that Supplemental Coverage from Space (SCS) is currently available to AT&T consumers.

The advertising at issue had been challenged by T-Mobile US, Inc. before BBB National Programs’ National Advertising Division (NAD) as part of NAD’s Fast-Track SWIFT expedited challenge process, designed for single-issue advertising cases. Following NAD’s decision (Case No. 7335), AT&T appealed NAD’s recommendations. 

It was not disputed that AT&T does not currently offer SCS coverage to its cellular customers. In agreeing with NAD, the NARB panel concluded that one reasonable message conveyed by AT&T’s “Epic Bad Golf Day” commercial (which shows an AT&T cellular call connecting through a satellite relay and displays the visual “making satellite connection”) is that SCS technology is currently available to customers of AT&T’s mobile service. 

Therefore, the NARB panel recommended that AT&T discontinue the claim that SCS service is presently available to consumers or modify the claim to clearly and conspicuously communicate that SCS is not available at this time.

The NARB panel noted that nothing in its decision precludes AT&T from making truthful and non-misleading aspirational claims about SCS.

AT&T stated that although the company respectfully disagrees with “NARB’s conclusion recommending that the commercial be discontinued or modified,” it “supports NARB’s self-regulatory process and will comply with NARB’s decision.” 

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 Recommends MONAT Discontinue Earnings Claims

McLean, VA – September 5, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended MONAT Global discontinue certain earnings claims made on the MONAT website and by salesforce members on Facebook, Twitter/X, Instagram, and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Refers HiSmile Teeth Whitening Product Claims to the Federal Trade Commission

New York, NY – August 29, 2024 – The National Advertising Division referred HiSmile to the Federal Trade Commission (FTC) and other regulatory authorities for review after HiSmile declined to provide an advertiser statement confirming it will comply with all of NAD’s recommendations.
Read the Decision Summary
Decision

National Advertising Division Refers Comparative Efficacy Claims for HiSmile Toothbrushes to Regulatory Authorities for Further Review

New York, NY – August 29, 2024 – The National Advertising Division referred advertising claims made by HiSmile for its toothbrushes to the Federal Trade Commission (FTC) and other regulatory authorities for review after HiSmile declined to participate in the industry self-regulation process.

Read the Decision Summary
Decision

National Advertising Division Finds Certain Claims for Verizon Home Internet Supported; Recommends Verizon Modify or Discontinue Others

New York, NY – August 28, 2024 – In a challenge brought by Charter Communications, the National Advertising Division determined that Verizon provided a reasonable basis for certain claims for its Verizon Home Internet but recommended that it discontinue or modify others.

Read the Decision Summary