National Advertising Division Recommends T-Mobile Home Internet Commercial be Discontinued or Modified to Avoid Implied Message of Fast 5G Speeds
New York, NY – April 25, 2023 – In a Fast-Track SWIFT challenge brought by Charter Communications, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that T-Mobile discontinue or modify the challenged commercial to avoid conveying the implied message that all T-Mobile Home Internet (T-HINT) users will receive fast 5G speeds.
Fast-Track SWIFT is an expedited challenge process designed for single-issue advertising cases brought to NAD. NAD determined that the Charter challenge was appropriate for Fast-Track SWIFT because it presented the single issue as to whether T-Mobile’s claim that T-HINT provides the fastest 5G speeds available is supported.
T-HINT operates on the same wireless network that T-Mobile smartphones run on, and thus does not use a wired infrastructure to deliver internet. Customers are provided a gateway device that acts as a router and modem which converts T-Mobile’s signal to WiFi and provides a WiFi signal to devices in the home.
After considering the messages reasonably conveyed by the challenged commercial, NAD determined that, given the context which offers T-HINT as an alternative to fixed wired internet, includes audio that states “don’t worry ‘bout speed” along with a visual of a speedometer that dings when it reaches the highest 5G level of speed, the commercial conveys a message that all T-HINT customers will receive fast 5G wireless speeds.
NAD concluded that the commercial communicates a broad unqualified performance claim that informs consumers that T-HINT provides fast 5G speeds to all of its customers. NAD found that T-Mobile’s evidence does not support that claim and recommended that T-Mobile discontinue or modify the commercial to avoid conveying this implied message.
In its advertiser statement, T-Mobile stated that it “will comply with NAD’s recommendations, but strongly disagrees with NAD’s determination that the challenged commercial communicates an unsubstantiated message.”
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.
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
In National Advertising Division Challenge, Drip Hydration Voluntarily Discontinues Claims for its Ketamine IV Therapy
New York, NY – November 22, 2024 – Following a challenge brought by the National Advertising Division as part of its routine monitoring program, Drip Hydration voluntarily discontinued advertising claims for its Drip Hydration Ketamine IV Therapy.
NAD Finds Patented and Safety Claims for POOPH’s Pet Odor & Stain Eliminator Supported; Recommends Other Claims Be Modified or Discontinued
New York, NY – November 21, 2024 – The National Advertising Division determined that Ikigai supported patented and safety claims for their POOPH Pet Odor & Stain Eliminator, but recommended that other claims, including claims that POOPH eliminates odors and strains, be discontinued.
National Advertising Division Recommends SharkNinja Discontinue Certain Best Deep Carpet Cleaning Claims
New York, NY – November 19, 2024 – BBB National Programs’ National Advertising Division recommended that SharkNinja discontinue the claim “The Best Deep Carpet Cleaning Among Full-Sized Deep Carpet Cleaners** Based on ASTM F2828 vs. full-sized carpet cleaners above 14 lbs.”
National Advertising Division Recommends T-Mobile Discontinue or Modify Advertising for Free iPhone and 20% Savings Claim; T-Mobile to Appeal
New York, NY – November 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that T-Mobile discontinue or modify its advertising offering a free iPhone and 20% savings on monthly wireless services to better disclose the material conditions of the offer.