In a Fast-Track SWIFT challenge brought by T-Mobile US, Inc., BBB National Programs' National Advertising Division recommended that Verizon Communications Inc. either discontinue certain claims about satellite-supported texting services in remote locations or, alternatively, modify the advertising to clearly and conspicuously disclose the necessary conditions for Verizon customers to use this feature.
Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD). T-Mobile argued that Verizon's advertising reasonably conveyed the message that Verizon offers satellite-supported texting services in remote locations regardless of what phone a Verizon customer has.
The challenged advertising appeared on Verizon's website and in three commercials, Wonder, Triumph, and Love. Each commercial depicts individuals in a remote location communicating with a loved one and ends with "Text Anywhere via Satellite" and a small font disclosure reading "Satellite connectivity requires select smartphones. Must be outside w/line of sight to satellite; might not work in parts of Alaska." NAD determined that the disclosure in Verizon's commercials is not clear and conspicuous and is unlikely to be read and understood by consumers.
On Verizon's website, prospective customers are informed that they can "text anywhere with satellite" as one of the "get more" benefits offered to Verizon customers. Verizon's website provides some details about the material conditions of this text by satellite service, however, NAD concluded the disclosures on the website are not clear and conspicuous.
For these reasons, NAD found Verizon's advertising reasonably conveys that customers can use satellite-supported texting services in remote locations and not that it is limited to Apple devices that can operate the latest mobile software. Therefore, NAD recommended that:
Verizon discontinue the challenged claim, or
Modify the advertising to clearly and conspicuously disclose, in close proximity to claims about satellite service in remote locations, that consumers must use or purchase specific new model smartphones and use updated software to access the service.
Read the full press release here.
NAD