In a recent case, the National Advertising Division (NAD) of BBB National Programs determined that “Unlimited 5G” and “best price” claims by Comcast for its Xfinity 5G mobile plans were not supported and should be discontinued. The claims were challenged by T-Mobile.
NAD noted that 5G mobile service is the latest development in the telecommunications industry and that as a result, “claims about 5G offerings abound, as do disputes over their truthfulness and accuracy.”
T-Mobile argued that Comcast’s Unlimited 5G plan is misleading because 5G speeds on the plan are limited to the first 20GB of data per line, after which users will be provided 3G speeds. It contended that the cap on 5G speeds associated with the plan, using a process referred to as “throttling,” is a limit that renders the “Unlimited 5G” claim misleading.
Comcast responded that “unlimited” refers to the unlimited data available with the plan as well as the variety of 5G-related offerings associated with the plan. It argued that consumers understand “unlimited” in the context of a mobile service plan to mean the amount of data offered, not the particular speeds provided.
In the absence of reliable consumer perception evidence, NAD used its own expertise to step into the shoes of the consumer to determine the messages reasonably conveyed by the challenged claims. NAD determined that Comcast’s “Unlimited 5G” claim communicates the specific message that the plan offers an unlimited amount of data at a particular...
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