Author: Operations Team

McLean, VA – October 10, 2023 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), has brought Etsy Inc.’s website and mobile application into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for online interest-based advertising.

Etsy is a New York-based e-commerce company known for its online marketplace of vintage and handmade goods, operating through etsy.com and mobile apps. DAAP also reviewed Etsy’s online platforms in 2015.

As part of its ongoing monitoring activity and to ensure ongoing compliance, DAAP revisits companies and their products previously reviewed.

While examining Etsy’s website as well as its mobile application, DAAP identified issues with transparency, enhanced notice, and consumer access to exercise control over data collection for interest-based advertising (IBA). In addition, in the Etsy mobile application, DAAP identified issues violating the first-party cross-app provisions of the DAA Principles Mobile Guidance.

In response to DAAP’s inquiry, Etsy conducted a comprehensive review of its compliance with the DAA Principles to identify areas in its compliance protocols that needed strengthening. After consulting with DAAP on its plan to come into compliance, Etsy committed to completing the following actions:

• Changing the “interest-based ads” website footer link to redirect users to a specific section of the Cookie Policy titled “Interest-based Ads & Marketing Services.”
• Significantly editing the IBA section to bring all elements of DAA enhanced notice together, including a description of Etsy’s third-party IBA practices, a link to, and description of, industry-developed IBA opt-out tools, and a statement of adherence to the DAA Principles. 
• Adding language at the top of its privacy policy that reads “Learn more about interest-based advertising and your choices, here” with a hyperlink that takes users directly to the “Interest-based Ads & Marketing Services” section of the privacy policy to ensure users could easily access this information from the application store pages in the app store.

In its statement, Etsy stated “At Etsy, we care deeply about privacy and strive to be transparent about our practices with our community of buyers and sellers. We appreciate the opportunity to participate in the DAA’s Accountability Program and are pleased with the Program’s recognition that Etsy is compliant with its self-regulatory requirements.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DAAP decisions, visit the DAAP Decisions and Guidance webpage.

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 Digital Advertising Accountability Program: The Digital Advertising Accountability Program (DAAP), a division of BBB National Programs, was developed by the Digital Advertising Alliance (DAA) to enforce industry self-regulation principles for data privacy in online and mobile advertising, holding companies accountable to the DAA’s Privacy Principles. DAAP provides guidance to companies looking to comply with industry principles and responds to complaints filed by consumers about online privacy.

New York, NY – October 4, 2023 – In a Fast-Track SWIFT challenge brought by AT&T Services, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that Mint Mobile, LLC discontinue or modify the claim that its Unlimited Plan is “now just $15/mo.”

Mint Mobile offers prepaid phone plans, which, unlike plans offered by AT&T and other major wireless carriers, require customers to pay upfront before receiving service. Mint Mobile’s $15/mo price for its Unlimited plan is a promotional rate that is only in effect for three months. After three months of service, the monthly rate increases with the exact amount of the increase dependent on which plan the consumer selects. 

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to NAD. At issue for NAD was whether the nature of Mint Mobile’s promotional offer was adequately disclosed.

In banner ads, on social media, and in a television commercial, Mint Mobile advertises that the price of its Unlimited Plan is “now just $15/mo.” However, NAD found that the challenged advertising does not adequately disclose that the $15 monthly service is a promotional offer for only three months of service.

Accordingly, NAD recommended that Mint Mobile discontinue the claim that its Unlimited Plan is “now just $15/mo” or clearly and conspicuously disclose that the offer is a promotional offer for three months of service as part of the main claim or in similar size text and font in close proximity to the main claim.

In its advertiser statement, Mint Mobile stated that it will appeal NAD’s decision because it “respectfully disagrees with NAD’s determination that the contours of the promotion were inadequately disclosed and that consumers reasonably interpret the phrase, ‘now just $15/mo’ to mean that ‘the rate is one in perpetuity, or of longer duration similar to introductory pricing offered by other wireless carriers’” because Mint Mobile only offers “wireless service plans in three-, six-, and twelve-month increments.”

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. 

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org

MESA, AZ — September 27, 2023 — Myndshft Technologies, Inc., a pioneer in real-time medical benefits and automated prior authorization technology, proudly announces the launch of its revolutionary software platform for managing specialty medications under both medical and pharmacy benefits—the first of its kind in the industry. By simplifying and automating the complex processes involved in specialty medication management, the Myndshft platform bridges the gap between two traditionally isolated components of healthcare benefits, improving speed to therapy for patients.

One Platform. Unlimited Potential.

Healthcare providers, insurers, drug manufacturers, and pharmacies are plagued by the administrative complexities of drug management under disparate benefits. Likewise, patients face care delays, disjointed treatment journeys, higher costs of care, and poorer health outcomes. Recognizing this, Myndshft committed to expanding its suite of services to encompass both medical and pharmacy needs.

“We understand the challenges of siloed prior authorization processes. By developing  a consolidated solution for drug management across both benefit types, Myndshft bridges long-standing gaps, enabling seamless data exchange and integrity between providers, PBMs, pharmacies and payers,” notes Ron Wince, founder and CEO of Myndshft.

The Myndshft platform tackles the administrative complexity that 88% of physicians rate as ‘high’ or ‘extremely high’ according to American Medical Association research.¹ This optimizes medication management, breaking down barriers to affordability, and most importantly, enhancing the level of care patients receive.

The powerful Myndshft platform supports comprehensive benefits investigations for drugs under medical or pharmacy benefits, real-time benefits checks at the point of care, and intelligent automated prior authorization, offering improved cost transparency and care access to combat treatment abandonment. Moreover, in partnership with Atlas Health, the platform provides automated matching, enrollment, and reimbursement with patient assistance programs to mitigate the economic burdens often associated with specialty medications.

Myndshft Platform Advantages

• Eliminates the need for providers, pharmacists, and patients to navigate multiple systems, significantly decreasing administrative overhead and enhancing care efficiency.

   

• Improves cost transparency, enabling providers to effectively counsel patients on treatment options.

   

• Seamlessly integrates into existing healthcare workflows, creating efficiencies that free up human and financial resources.

   

• Adheres to current and emerging prior authorization regulations including gold carding, as well as state and federal policies and legislation.

“This announcement represents an exciting leap forward, not just for our organization, but for stakeholders across the healthcare spectrum,” says Wince. “By eliminating barriers to fast, equitable access to medications—regardless of whether they fall under medical or pharmacy benefits—Myndshft is creating momentum for value-based care models of the future.”

About Myndshft Technologies, Inc.

Myndshft began with a mission to enable value-based care by empowering healthcare providers and payers to drive down costs and increase revenue while achieving optimal patient care. Today, Myndshft is the only prior authorization platform that handles medications associated with medical and pharmacy benefits, delivering insights directly in any system of record. We do this by combining hands-free automation with Collective Healthcare Intelligence, a single source of truth for patients’ health and benefits information, providers’ clinical documentation, and payers’ plans and policies. Myndshft reduces manual work, eliminates duplication of effort, and shortens preauthorization cycle times so providers and payers can focus on patients, not paperwork.

For more information, visit www.myndshft.com.

^1. Source: AMA Prior Authorization Physician Survey

Myndshft Media Contact 

Name: Jennifer Royle-Jones

Email: jen@myndshft.com

Phone: (480) 718-2163 ext. 719

New York, NY – September 27, 2023 – The National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, has referred advertising claims made by Smile Prep, LLC to the Federal Trade Commission (FTC) for review and possible enforcement action after the company declined to accept NARB recommendations to modify certain claims and disclosures on its website.

The challenged claims appeared on SmilePrep.com, which presents its reviews and rankings of clear aligner companies and their products and services as editorial content. Smile Prep has affiliate relationships with some, but not all, of the companies whose clear aligner products and services Smile Prep reviews and ranks on its website. Commissions from Smile Prep’s affiliate partners are its sole source of revenue.

In its decision (NARB Panel #310), the NARB Panel affirmed NAD’s decision (Case No. 7131) and recommended, among other things, that Smile Prep:

• Clearly and conspicuously disclose that the rankings, reviews, and product information for affiliate partners’ clear aligners on SmilePrep.com are advertising.
• Discontinue certain performance claims about the products and services of Smile Prep’s affiliate partners.

In its advertiser statement, Smile Prep stated that it disagreed with the NARB decision but would nevertheless make a good faith effort to comply with its recommendations. NARB opened a compliance inquiry based on concerns raised by the challenger, SmileDirectClub, LLC. In its Compliance Report, NARB found that Smile Prep had made a number of changes to its website in good faith but nevertheless was still not compliant.

Disclosure Recommendation

As part of its effort to comply with the NARB Panel’s recommendation Smile Prep revised its disclosure of affiliate relationships so that it appeared in a box at the top of each clear aligner review page stating, “Advertising Disclosure” in bold, followed by: “When you buy products and services through our links, we may earn commissions.”

NARB found that this disclosure is neither clear nor conspicuous, and therefore, Smile Prep has not complied with the decision in this respect.

Product Claims

In its decision, the NARB Panel recommended that Smile Prep discontinue the claim that “when it comes to customer service, Byte is the clear winner” and has “better customer support.” Although Smile Prep added qualifiers to these claims, NARB concluded that the addition of the phrases “it is our impression” and “we feel” did not change the nature of the message that the sponsor had engaged in a merits analysis of the clear aligner services being reviewed.

Further, NARB determined that modified language, which attributes performance claims to Byte, including “According to Byte,” and “According to Byte, the Hyper Byte can help provide a more comfortable aligner fit,” did not provide sufficient qualification. NARB also assessed 54 changes made by Smile Prep and found that the majority of the modified claims did not comply with the recommendation to discontinue certain aligner performance claims made by its affiliate partners on the ground that Smile Prep had not independently substantiated them.

For these reasons, NARB concluded that the customer service references and product performance of affiliate partner product claims do not comply with the NARB recommendations.

NARB requested Smile Prep’s agreement to make further modifications consistent with the analysis and comments in this Compliance decision.

In response, Smile Prep advised NARB that it believed that it was already in compliance with the decision and applicable laws and that it could not make all of the additional changes NARB had suggested. Smile Prep further stated that, in the event of a referral, it looked forward to working with the FTC to craft a meaningful and fair approach to the regulation of all affiliate review sites.

As Smile Prep declined to make additional modifications consistent with the analyses in the compliance review, NARB has referred the matter to the FTC for review.

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, 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 Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 85 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.