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

National Advertising Division Recommends Dr. Luke Healthcare Discontinue Treatment Claims for its Fungal Nail Renewal Product

New York, NY – July 24, 2024 – The National Advertising Division recommended Dr. Luke Healthcare discontinue certain claims for Dr. Luke’s Fungal Nail Renewal product, including health-related claims, natural claims, and claims that a doctor recommends the product or that it treats a medical condition.

Read the Decision Summary
Decision

National Advertising Division Finds Flag Image on Kendamil Infant Formula Packaging Conveys Supported Message about Products’ Origin

New York, NY – July 17, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division determined that use of a flag image on product packaging for Kendal Nutricare’s Kendamil infant formula reasonably conveys a supported message about the products’ origin. 

Read the Decision Summary
Decision

In National Advertising Division Case, GuruNanda Voluntarily Discontinues Claims Made through Influencers for Coconut Pulling Oil Products

New York, NY – July 16, 2024 – The National Advertising Division has closed a Fast-Track SWIFT challenge regarding claims that GuruNanda’s coconut pulling oil products can “naturally reverse a cavity” and “reverse cavities.” 

Read the Decision Summary
Decision

National Advertising Division Refers Health-Related Advertising Claims for Prolacta’s Human Milk Fortifier to Regulatory Agencies

New York, NY – July 15, 2024 – The National Advertising Division will refer advertising claims made by Prolacta Bioscience for its Human Milk Fortifier to the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) for review.

Read the Decision Summary