New York, NY – October 12, 2023 – In a challenge brought by T-Mobile US, Inc., the National Advertising Division (NAD) of BBB National Programs determined that Comcast Cable Communications, LLC provided a reasonable basis for its “Next Generation” claim for its “Xfinity 10G Network,” as well as the implied claim that it has already achieved a major technological revolution.
However, NAD recommended that Comcast:
In February 2023, Comcast rebranded its fixed internet network as “Xfinity 10G Network” to signify technological upgrades to its network that are continuing to be implemented. T-Mobile challenged the name “Xfinity 10G Network” and the claim “10G,” which appeared in a myriad of advertisements on television and online.
“10G Claims”
NAD concluded that “10G” as used in the name “Xfinity 10G Network” and “Xfinity 10G” is an express claim that means 10 Gbps or 10th Generation.
In evaluating support for this claim, NAD found that Comcast’s description of its entire network as “10G” conveys the message that all consumers on the network will receive a significant increase in speed up to 10 Gbps speeds. However, only one of Xfinity’s many plans (Gigabit Pro) can reach 10 Gbps, and to access that service tier requires the installation of fiber to the premises. Further, NAD determined that the evidence in the record was insufficient to support the broad, unqualified message that the “Xfinity 10G Network” is vastly superior to 5G.
For these reasons, NAD concluded that Comcast did not provide a reasonable basis for its 10G claims and recommended that Comcast discontinue the claims:
Alternatively, NAD stated that Comcast may modify its advertising to (a) make clear that it is implementing improvements that will enable it to achieve “10G” and that it is aspirational or (b) use “10G” in a manner that is not false or misleading, consistent with this decision. NAD noted that nothing in its decision would prevent Comcast from making a more qualified claim, if supported, about the superiority of its network over 5G.
“Next Generation” and Technological Revolution Claims
Based on upgrades to Comcast’s network reliability, lower latency, and other features, NAD determined that Comcast provided a reasonable basis for its “Next Generation” claim and implied claims that it already achieved a major technological revolution.
Power Outage Implied Claim
T-Mobile argued that Comcast’s “What a Time to Be Alive” commercials convey the message that Xfinity customers’ home internet is uninterrupted during power outages, but the claim is premature because the Xfinity website stated that “storm-ready” WiFi is “coming soon.”
As the record did not include details on the effectiveness of this monitoring technology in ensuring that customers can still stream a movie uninterrupted when power runs out, NAD found that Comcast did not provide a reasonable basis for this claim. Therefore, NAD recommended that Comcast modify its advertising to avoid conveying the unqualified message that Xfinity customers’ home internet is uninterrupted during power outages.
In its advertiser statement, Comcast stated that it will appeal NAD’s decision because it “disagrees with NAD’s decision, including NAD’s determination that the “Xfinity 10G Network” brand name constitutes an ‘express claim’” and NAD’s assessment of survey evidence submitted by T-Mobile.
T-Mobile will cross-appeal NAD’s determination regarding Comcast’s “Next Generation” and technological revolution claims.
Appeals of NAD decisions are made to the BBB National Programs’ National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.
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. This press release shall not be used for advertising or promotional purposes.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. 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.
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
