NEW YORK – The National Advertising Division (NAD) of BBB National Programs recommended that Comcast Cable Communications, LLC discontinue the following "Unlimited 5G" and "best price" claims for its Xfinity 5G mobile plans as challenged by competitor T-Mobile US, Inc.:
- "Unlimited 5G"
- "Break free from the big three" carriers and "get the best price for Unlimited 5G"
- "[G]et the best Unlimited price"
- "Xfinity Mobile now has the best price for Unlimited 5G"
- "Switch to Xfinity Mobile and get the best price for Unlimited"
- "Get the best price on Unlimited data"
- "Get Unlimited 5G for $30/mo per line"
- "Get four lines of Unlimited 5G data for just $30/mo each with our new pricing"
- "Get 4 lines of Unlimited 5G data for just $30/line/mo"
- "The more lines you add, the more you save with our new plan pricing."
NAD determined that the advertiser's "Unlimited 5G" claim communicates the specific message that the plan offers an unlimited amount of data at a particular speed, that is, at 5G speed. Xfinity Mobile customers get access to 5G speed up to 20GB of data per month. After reaching 20GB of data, a customer's data is limited to 3G speeds.
Although Comcast's "Unlimited 5G" claims are sometimes accompanied by a disclaimer stating, "Reduced speeds after 20GB of usage/line," NAD found that this disclosure cannot cure the misleading message conveyed by the main claim because it contradicts the message that that 5G data on the plan is "unlimited." Therefore, NAD determined that the advertiser's "Unlimited 5G" claims are not supported and recommended that they be discontinued.
Further, NAD determined that a series of "best price" claims convey the unsupported message that a four-line plan for Xfinity Mobile "Unlimited 5G" ($30 per line) costs less than its competitors' four-line pricing at the time the claim was disseminated, including T-Mobile's four-line promotional price for its Essentials plan ($26 per line). Accordingly, NAD recommended that the claim that Xfinity's plan has the "best price" be discontinued.
NAD noted that the evidence in the record may support more qualified, unsurpassed price comparison claims that make clear that the comparison excludes temporary promotional pricing. NAD also noted that as pricing shifts in the marketplace, Comcast may be able to support a more limited unsurpassed pricing claim.
In its advertiser statement, Comcast stated that it "agrees to comply with NAD's recommendation." The advertiser further stated that it "agrees that an appropriate disclosure can make clear to consumers the basis of comparison (including comparisons which exclude temporary promotional pricing) and will comply with NAD's recommendation in future advertising."
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.
National Advertising Division