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 brought by competitor AT&T Services, Inc., BBB National Programs’ National Advertising Division recommended that T-Mobile US, Inc. 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.

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD). AT&T challenged T-Mobile’s “Top Three Plays of the Day” commercial, in which T-Mobile advertises that prospective customers will be able to receive a free iPhone 16 Pro and save 20% monthly in service costs compared to other leading wireless service providers. 

The commercial features Twitch influencer Kai Cenat, NFL player Patrick Mahomes, and Snoop Dogg, who says, “Now at T-Mobile.com get the new iPhone 16 Pro ON US and families can save 20% every month versus the other big guys.” The details of the free iPhone offer appear onscreen briefly before being replaced by an image of the 20% savings claim. 

NAD determined that T-Mobile’s advertising reasonably conveys the message that consumers who choose T-Mobile will receive both a free iPhone 16 Pro and save 20% versus AT&T and Verizon. NAD found this broad message was not properly qualified by the on-screen disclosures and recommended T-Mobile discontinue or modify the advertising to better disclose the material conditions of each offer. 

In its advertiser statement, T-Mobile stated that it is “disappointed with NAD’s decision in this case" and that it will appeal NAD’s decision to the National Advertising Review Board (NARB).

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. This press 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 Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action

McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.  

Read the Decision Summary
Decision

Children’s Advertising Review Unit Recommends JustPlay Discontinue or Modify Daisy the Yoga Goat Claims

New York, NY – December 19, 2024 - The Children’s Advertising Review Unit (CARU) launched an investigation into advertising for Just Play’s furReal Daisy the Yoga Goat seeking to determine if the toy’s product packaging and commercial advertisements comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising.

Read the Decision Summary
Decision

In National Advertising Division Fast-Track SWIFT Challenge, Oral Essentials Voluntarily Modifies “Made in USA” Claims

New York, NY – December 19, 2024 – In a National Advertising Division challenge, Oral Essentials agreed to permanently modify its claim that certain Oral Essentials oral healthcare products are “Made in USA.” 

Read the Decision Summary
Decision

National Advertising Division Recommends Zuru Modify or Discontinue Certain Claims for its Rascals and Millie Moon Diapers

New York, NY – December 18, 2024 – The National Advertising Division recommended Zuru Edge Limited modify or discontinue certain claims for its Rascals and Millie Moon diaper products.

Read the Decision Summary