New York, NY – January 31, 2023 – Comcast Cable Communications Management, LLC, originally filed a Fast-Track SWIFT challenge against competitor T-Mobile US, Inc.’s claim that it has “customer loyalty 4 x higher than Xfinity” made in a television commercial promoting T-Mobile’s Home Internet service. BBB National Programs National Advertising Division (NAD) determined that the challenge was not appropriate for SWIFT and Comcast refiled the challenge in Standard Track.
Although T-Mobile contended that NAD did not have jurisdiction to consider this challenge because the television commercial with the challenged claim appeared only in the Philadelphia, Pennsylvania market, and was permanently discontinued prior to the commencement of the Standard Track challenge, NAD determined that it has jurisdiction over the advertising claim at issue in this case because:
- A large metropolitan area such as Philadelphia may constitute a substantial portion of the United States.
- The advertising is national in character as the claim references a national customer loyalty survey.
- The challenged claim had not been permanently withdrawn prior to the date of the SWIFT complaint.
During the proceeding, T-Mobile informed NAD that it had permanently discontinued the “customer loyalty 4x higher than Xfinity” claim for business reasons. Therefore, NAD did not review the claim on its merits.
In its advertiser statement, T-Mobile stated that despite its “respectful disagreement” with “NAD’s conclusion that it has jurisdiction over this matter” it “remain[s] a supporter of the self-regulatory process.”
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About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
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