Yes. The advertiser shall notify NAD and NARB within three business days of NAD’s transmission of its decision to the advertiser, stating that it intends to appeal the decision. An advertiser may not appeal NAD’s decision that a case is appropriate for Fast-Track SWIFT.
All documents shall be transmitted electronically. All advertiser requests to appeal a Fast-Track SWIFT case decision to the NARB shall be filed together with payment by acceptable method in the amount of $30,000, made payable to BBB National Programs, Inc, submitted as per instructions from the NARB Coordinator. In such cases, NAD will publish its decision and the Advertiser’s Statement in the next Case Reports under the heading “Advertising Referred to NARB.” The Executive Vice President, Policy, of BBB National Programs shall have the discretion to waive or reduce the fee for an appellant or cross-appellant who can demonstrate economic hardship.
The advertiser shall prepare the case record, including page numbers, and forward copies electronically to the challenger, NARB, and NAD within eight business days of its receipt of NAD’s decision. The case record for NARB shall not contain any evidence or facts that are not in the case record forwarded to NAD in the underlying proceeding. If the advertiser submitted confidential information, it shall prepare a redacted case record with page numbers, and forward copies electronically to the challenger, NARB, and NAD, and it shall prepare an unredacted case record with page numbers and forward copies electronically to the NARB and NAD. The failure to prepare and forward a case record will result in dismissal of the appeal.
Within two business days of receiving the case record, either NAD or the challenger may object to the advertiser’s case record and submit suggested case record corrections to the NARB Chair. Within two business days of receiving an objection, the Chair will make a final determination on the objection(s).
All submissions shall be sent electronically. The advertiser shall, within eight business days of its receipt of NAD’s decision, submit electronically to the NARB Chair, addressed as indicated in Section 5.2(B) with a copy to NAD, a letter not to exceed 15 double-spaced pages, 12-point type, explaining its position. The appellant shall send a copy of the letter to the opposing party who shall have nine business days after its receipt to submit a response electronically, not to exceed 15 double-spaced pages, 12-point type, to the NARB Chair with copies to the other party and to NAD. No other submissions shall be made.
Three NARB panel members will preside over a Fast-Track SWIFT appeal. The NARB Chair has absolute discretion to choose which types of members will comprise the panel. A concurring vote of two members is required to decide any substantive question before the panel. The panel will meet at the call of NARB. The NARB Panel Chair will preside over its meetings, hearings, and deliberations. Any panel member may write a separate concurring or dissenting opinion, which will be published with the majority opinion. The appeal will be held by telephone or video conference, at the discretion of the NARB Chair.
The challenger shall have no right to a cross-appeal or to request leave to appeal of a Fast-Track SWIFT decision to NARB.