NAD found that large file uploads and self-comparison context support AT&T's "Faster Internet Experience" statement; advertisers appealed other findings

2021-12-14 14:40:02 By : Ms. fenfen jin

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New York, November 18, 2021/PRNewswire/ - The National Advertising Department (NAD) of the BBB National Program has determined that AT&T Services, Inc. claims to have a "faster Internet experience" than cable for uploading large files. In the context of presentation, and AT&T Internet provides "consistent speed, even during peak hours." However, NAD recommends that AT&T discontinue or modify other challenging comparative performance, pricing, and bandwidth claims.

The statement appeared on television, radio, advertisers' web pages and outdoor advertisements, and was questioned by Charter Communications, Inc.

"Upload speed increased by 20 times" claims that the upload speed of AT&T's fastest service layer (Internet 1000) is 20 times faster than the upload speed of the challenger's equivalent layer. This is not disputed. However, NAD determined that the comparison of "AT&T Fiber" and "cable" in the questioned advertisement is a line statement because it makes AT&T Fiber—as a generic brand, not the AT&T Fiber Internet 1000 layer variety— Compete with cables. In addition, NAD found that AT&T’s disclosures did not effectively limit the applicability of claims, so a rational consumer would take away unsupported information, that is, the upload speed provided by AT&T Fiber is 20 times faster than any layer of cable.

NAD also pointed out that the challenged ads confuse higher-level service performance statements with introductory-level price discounts.

Therefore, NAD recommends that AT&T stop or modify advertisements for special ladies, super fans, frustrated families, and reliability, describe the service level with "upload speed increased by 20 times", and if the offer is stated, disclose the offer clearly and conspicuously Which service level is applicable.

"Half the price of cable" claims that there is no dispute that the price of AT&T's most expensive commercial fiber service layer Internet 1000 is half the price of the challenger's equivalent layer. However, NAD concluded that a rational consumer would take away unsupported information, that is, the price of AT&T commercial fiber at any service level is half the price of cable. In addition, NAD found that AT&T’s disclosure in a questioned advertisement was insufficient because it did not explain the basis for the “half-price” claim, and other advertisements did not disclose at all.

Therefore, NAD recommends that AT&T stop commercial optical fiber and small business owner commercials and commercial optical fiber websites and outdoor advertisements that questioned price statements, or modify them to limit the "half the cable price" statement to AT&T commercial optical fiber's top services and Equivalent cable layer.

Excellent Bandwidth Statement NAD has determined that the benefits of excellent bandwidth are relevant to consumers because it allows them to conduct regular Internet-related activities without experiencing bandwidth issues. Since downstream bandwidth plays a greater role in most Internet usage, NAD found that a number based on downstream bandwidth—or at least a comprehensive bandwidth number that accounts for the relative weight of upstream and downstream use—is more than a comprehensive indicator. Related indicators. The numbers depend to a large extent on favorable upstream bandwidth capabilities.

For this reason, NAD recommends that AT&T modify the bandwidth advantage statement in the commercial fiber business and AT&T fiber and Internet service web pages to avoid making general bandwidth advantage statements, or when they refer to AT&T's upstream bandwidth capabilities to distinguish between uploads and downloads The ability to clarify.

Upload speed performance statement If there is no evidence in the record that the cable cannot provide sufficient upload speed to support video conferencing, surfing, streaming, and gaming, NAD recommends that advertisers stop claiming that optical fiber provides superior performance for these activities, including in small business owners. The background of radio advertisements, Internet service pages, special ladies, super fans, and frustrated family advertisements, as well as its fast Internet radio advertisements claiming that AT&T provides a "faster Internet experience" for video conferencing and games.

NAD pointed out that nothing in the record can prevent AT&T from making a support statement, that is, AT&T Fiber provides superior performance while providing consumers with a superior experience with its faster upload speed.

Regarding the challenging advertisement that emphasizes the faster upload speed of AT&T Fiber for uploading large files, NAD has determined to support such a statement. NAD found that on the AT&T Fiber webpage, it supports the "faster Internet experience" statement in the context of self-comparison. NAD also determined that the "faster Internet experience" statement was confirmed in the limited context of describing or discussing large file uploads.

However, NAD warns advertisers that combining "faster Internet experience" with descriptions or references of other forms of Internet usage may convey a broader message, namely the relative speed of AT&T fiber and cable Internet, which requires support.

Technological advantages claim that NAD does not believe that the record confirms the advertisers’ broad claims that fiber-optic Internet is better than cable, and AT&T Fiber provides a "better Internet" than cable. Therefore, NAD recommends that AT&T stop claiming on Special Lady, Business Fiber and Super Fan advertisements and Internet 1000 web pages that AT&T Fiber provides a "better Internet" than cables, and avoid suggesting that fiber optic technology is always superior to cable technology.

Regarding the "Better Internet" statement in the Big Meeting advertisement, NAD found that it did not convey any unsupported comparison information, but was a reference to the correlation between upload speed and large file transfer. However, NAD warned AT&T that combining a "better Internet" with descriptions or references to other forms of Internet usage other than large file uploads may convey broader information about the comparative performance of AT&T's fiber optic and wired Internet. Will need support.

Consistent Speed ​​Statement Regarding advertisers claiming that AT&T provides “consistent speed, even during peak hours,” NAD found that in context, consumers will not take away information about the relative advantages of AT&T services and cable TV services, but will Seen as a monadic statement about the overall consistency of AT&T Internet speed.

In addition, based on the evidence, NAD determined that AT&T's speed consistency claims on the Internet, high-speed Internet, and Internet 1000 pages were confirmed.

Other comparative statements During the litigation process, the advertiser voluntarily revised the statement on its AT&T Fiber webpage that “get more when switching to AT&T Fiber...annual contract, [and] 99% reliability”, no Then use the language of "switch to AT&T optical fiber", which will put forward a comparative opinion on the cable.

NAD agrees that the revised website does not reasonably convey any unsupported information about the comparative advantages available to AT&T customers.

AT&T stated in its advertiser statement that it will appeal "all components of the challenged statement that NAD believes to be false, misleading, and/or unverified." Such appeals of NAD decisions are filed with the National Advertising Review Board (NARB) of the BBB National Program, which is the appeal-level advertising authenticity agency of the BBB National Program.

The summary of all BBB national plan case decisions can be found in the case decision database. For the full text of NAD, NARB and CARU decisions, please subscribe to the online archive.

About the BBB National Plan: The BBB National Plan is a place where companies turn to enhance consumer trust and listen to consumer opinions. The non-profit organization creates and implements effective third-party accountability and dispute resolution plans to create a fairer playing field for enterprises and a better experience for consumers. Since the reorganization of the Board of Directors of the Better Business Bureau in June 2019, the BBB National Plan has assumed its role as an independent organization and now oversees more than a dozen leading national industry Provide business guidance and cultivate best practices in areas such as children’s marketing and privacy. To learn more, visit bbbprograms.org.

About the National Advertising Department: The National Advertising Department (NAD) of BBB National Programs provides independent self-discipline and dispute resolution services to guide the authenticity of American advertising. Accurate, provide meaningful protection for consumers and create a level playing field for enterprises.

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