National Advertising Division Recommends Telecom Business Solutions Modify its AI-Pro Advertising to Avoid Confusion with ChatGPT and OpenAI
New York, NY – June 11, 2024 – BBB National Programs’ National Advertising Division recommended, as part of its routine monitoring program, that Telecom Business Solutions, Inc. d/b/a AI-Pro.org, modify its AI-Pro advertising, which uses the terms “ChatGPT” and “GPT4,” to avoid confusion about the nature of AI-Pro’s products and services and its relationship with OpenAI.
AI-Pro is not OpenAI but utilizes OpenAI's ChatGPT 3.5 and ChatGPT 4.0 technology through application programming interfaces (APIs). By integrating OpenAI's technology into some of AI-Pro’s applications, AI-Pro provides users access to OpenAI's ChatGPT.
During the proceeding, AI-Pro agreed to voluntarily modify the challenged express claims. NAD determined that AI-Pro’s modified claim “Powered by OpenAI,” “Powered by ChatGPT Technology,” accompanied by the disclosure “Independently developed and not affiliated, endorsed, or sponsored by OpenAI” makes clear that AI-Pro uses ChatGPT technology in its product offerings and is not ChatGPT.
However, NAD found that in contexts without the disclosure, or in which the disclosures are not clear and conspicuous, consumers can reasonably take away the message that AI-Pro’s product or service is ChatGPT or is affiliated with OpenAI.
Therefore, NAD recommended that:
- The disclosure “AI-PRO is Powered by OpenAI. We are not affiliated nor related to OpenAI” be clear and conspicuous, or
- That the advertising otherwise make clear that AI-Pro provides applications built on OpenAI and ChatGPT and that its APIs are not the same as or provided by OpenAI or ChatGPT.
In its advertiser statement, Telecom Business Solutions stated that it agrees to comply with NAD’s recommendations and noted that “while it has made some modifications, it will make additional ones in accordance with the NAD decision.”
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