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National Advertising Division Finds Certain Verizon 5G Claims Supported; Recommends Modification or Discontinuation of OthersNEW YORK, Oct. 19, 2021 /PRNewswire/ -- In the first case decided through BBB National Programs' National Advertising Division (NAD) Complex Track process, designed for truth-in-advertising issues that require complex claim substantiation, NAD determined that certain comparative performance claims for Verizon Wireless, Inc.'s 5G wireless service are supported or are non-actionable puffery. However, NAD recommended other challenged claims be modified or discontinued, including those that overstate the benefits of 5G Ultra Wideband (5G UWB) or obscure the differences between Verizon's wireless offerings and among its service plans. The claims, which appeared in advertising for Verizon's 5G wireless service, were challenged by T-Mobile US, Inc. Verizon markets its 5G network with two separate names:
This T-Mobile challenge involved a wide range of issues relating to Verizon's advertising of its 5G offerings, including: Static Coverage Map T-Mobile challenged Verizon's use of a particular static coverage map on its website, which uses red to represent Verizon's 4G LTE coverage, a raised area with the same red color to represent 5G Nationwide coverage, and tall spires colored slightly darker red to represent 5G UWB. NAD determined that this map was not false or misleading when presented with a legend that delineates the image's different sections, and that the legend Verizon added to this map was clear and conspicuous and was sufficient to avoid conveying the message that the entire colored in area on the map has 5G coverage. 5G UWB and 5G Nationwide NAD considered whether certain challenged advertisements obscure the differences between 5G Nationwide and 5G UWB and convey the misleading message that the performance benefits of 5G UWB are available when consumers are connected to Verizon's 5G Nationwide network or its 5G network generally. NAD determined that:
"Fastest" 5G Claims In a previous case, NAD determined that Verizon provided a reasonable basis for the claim that its 5G UWB, "avilable only in parts of select cities," provides the "fastest 5G in the world" and found that this speed claim could be made as long as there were appropriate disclosures regarding 5G UWB's availability. Here, NAD considered whether the challenged "fastest" claims, in context, communicate the unsupported message that Verizon's lowband Nationwide 5G is the "fastest 5G in the world." It concluded that such a message was not expressly or impliedly conveyed. Further, NAD determined that the challenger's evidence regarding the blended speeds of the overall 5G networks did not override Verizon's reasonable basis for its 5G UWB speed claims. 5G UWB Performance NAD also reviewed a series of claims and advertisements that specifically highlighted the performance of Verizon's 5G UWB service, including messages conveyed by certain depictions of its usage. NAD determined that:
NAD also determined that Verizon's claim "This is 5G from America's most reliable network," as used in the voiceover in the "Black Friday" commercials and on the 5G landing page, conveys the implied message that Verizon's 5G network is the "most reliable" 5G network. NAD noted that although the disclaimer does disclose that the claim is based on a report comparing "4 mobile networks," it does not make clear that the results are from networks that combine 4G and 5G performance. Therefore, NAD recommended that Verizon modify this claim to clarify that "most reliable" refers to the results of tests conducted on combined networks. Further, NAD considered the messages conveyed by Verizon's use of the term "5G Built Right" in a variety of contexts and determined that:
Finally, NAD concluded that the claim "Only from Verizon," a catchphrase at the end of many of Verizon's claims, did not convey the message that Verizon is the only wireless carrier to offer 5G, or mmWave 5G; and that the claim "only on Verizon," used in one of the challenged "Black Friday" commercials, did not convey the message that only Verizon offers the iPhone 12. Features of Entry-Level Priced Plans T-Mobile also challenged three television commercials promoting "Black Friday" sales, which it contended misled consumers about the benefits they can obtain with Verizon's entry-level plans. NAD recommended that Verizon discontinue the following claims or modify them to ensure that consumers understand that the introductory price offer does not include the advertised features:
In its advertiser statement, Verizon stated that it is "pleased with the decision and will comply." 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. About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy.?To learn more, visit bbbprograms.org. 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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