National Advertising Division Recommends that Verizon Modify Disclosures in Connection with Pricing Claim of “$25 a Line Guaranteed for Three Years”

New York, NY – February 28, 2023 – In a Fast-Track SWIFT challenge brought by AT&T Services, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that Verizon Communications, Inc. modify disclosures used in connection with its claim that consumers who switch to Verizon will get service “for just $25 a line guaranteed for three years.”

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

AT&T challenged a pricing claim made by Verizon in a television commercial featuring actress Cecily Strong and actor Paul Giamatti, who portrays Albert Einstein. The commercial promotes Verizon’s “Welcome Unlimited” plan where consumers who switch to Verizon can get service “for just $25 a line guaranteed for three years.”

In this challenge, NAD considered whether the challenged Verizon television commercial accurately and effectively conveyed the message that the “guaranteed” monthly $25 per line price is exclusive of taxes and fees.

NAD noted that in advertising the price of a product or service, the total price the consumer will pay is material to the purchasing decision, especially in advertisements for monthly services. As a result, it is material that the advertised price of $25 per line excludes taxes and fees and this material limitation on the advertised prices must be clearly and conspicuously disclosed.

To inform consumers of the material limitation of the price guarantee (it excludes taxes and fees), NAD recommended that Verizon modify its disclosures to make them clear and conspicuous and easy for consumers to notice, read, and understand:

  • For example, the advertiser should keep the taxes and fees disclosure on screen at all times the actors are discussing the offer and separate it from the long block text disclosure at the bottom of the screen. 
  • Additionally, the fee disclosure should be incorporated in the main claim or in similar size text and font in close proximity to the main claim or disclosed in the audio.

 

NAD determined that the AT&T challenge was appropriate for Fast-Track SWIFT as NAD’s review did not require the review of complex evidence or substantiation related to the advertiser’s pricing claim.

In its advertiser statement, Verizon stated that it will comply with NAD’s recommendation that it make its disclosure even more proximate to the claim even though reasonable consumers understand taxes and fees are separate from the advertised rate and two disclosures appeared on screen twice. 

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

Decision

NAD Recommends Charter Discontinue or Modify Spectrum Internet “Fastest Speeds in More Neighborhoods than Any Other Provider” Claim

New York, NY – October 10, 2024 – The National Advertising Division recommended Charter discontinue or modify the claim that “Spectrum offers the fastest speeds in more neighborhoods than any other provider” to avoid conveying the unsupported message that Charter offers the fastest speeds and is available in...

Read the Case Decision
Decision

National Advertising Division Recommends Promotion in Motion Discontinue or Modify Certain Welch’s Fruit Snack Commercials

New York, NY – September 30, 2024 – The National Advertising Division recommended that PIM Brands discontinue certain television commercials for its Welch’s Fruit Snacks or modify the advertising to avoid conveying the message that competing fruit snacks are worthless.

Read the Decision
Decision

Following National Advertising Division Inquiry, Google Voluntarily Unlists Video Demonstrating Google Gemini Capabilities

New York, NY – September 12, 2024 – Google voluntarily unlisted a video demonstrating the capabilities of Google Gemini, its large language model artificial intelligence (AI) offering introduced in December 2023.

Read the Decision Summary
Decision

National Advertising Division Recommends Gruma Modify Sugar and Net Carbohydrate Label Claims

New York, NY – September 11, 2024 – In a challenge brought by competitor Olé, the National Advertising Division found certain “zero sugar” and “0G sugar” claims supported and recommended that Gruma Corporation, in connection with its tortilla product offerings, modify or discontinue other claims. 

Read the Decision Summary