New York, NY – February 8, 2024 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that Mint Mobile, LLC:
- Discontinue promoting its plans using a cost-per-month price or modify such claims to disclose the required prepaid or upfront total cost of the plan;
- Discontinue the claim that it “cut out the cost of retail service and passed those sweet savings directly to you”; and
- Discontinue certain social media posts that conveyed misleadingly disparaging claims about Verizon’s services and business practices.
The advertising at issue had been challenged by Verizon Communications Inc. before the National Advertising Division (NAD). Following NAD’s decision (Case No. 7231), Mint Mobile appealed NAD’s recommendations.
Mint Mobile offers prepaid phone plans, which, unlike plans offered by Verizon and other major wireless carriers, require customers to pay upfront before receiving service.
The NARB panel determined that in connection with Mint Mobile’s advertised $15/mo. Promotional plan for its Unlimited service, it failed to consistently clearly and conspicuously disclose that consumers are required to prepay the entire $45 for three months of service. Accordingly, the panel recommended that it clearly and conspicuously disclose the required prepaid or upfront total cost of its plans across all advertising when promoting a plan with a cost-per-month price. The NARB panel did not agree with NAD’s recommendation that the disclosure must be part of the main claim or in a similar font as the main claim in order to be sufficiently conspicuous.
The NARB panel also recommended that Mint Mobile discontinue the claim that it “cut out the cost of retail service and passed those sweet savings directly to you” because it did not provide evidence demonstrating that it “passes along” any cost savings to consumers. The NARB panel noted that nothing in its decision precludes Mint Mobile from making truthful and non-misleading claims regarding its business model.
The NARB panel also concluded that Mint Mobile did not adequately support certain social media posts that utilized misleadingly disparaging phrases and recommended that it discontinue the claims:
- “Ver!zon Victim finally catching on to their shadiness.”
- “Ver!zon employee trying to convince you that paying for streaming services you used to get for free is a good thing.”
- “POV: “Ver!zon distracting us so we don’t realize they are now charging for perks.”
- “Ver!zon Victim, “Beware of the Bundlef*!”
- “What a Bundlef*! “Ver!zon’s ‘perks’ are now on you. Don’t let them stream you along.”
However, the NARB panel agreed with Mint Mobile that the phrases “#verizonsucks” and “Bundlef*!,” as standalone phrases, can be viewed as the advertiser’s opinion and puffery.
Mint Mobile stated that it would comply with the panel’s recommendations, although it disagrees with the panel’s recommendation regarding certain social media post claims. Mint Mobile also noted it appreciates the panel’s clarification that its disclosures of the total prepaid cost of its plans need not “be part of the main claim or in similar font as the main claim in order to be sufficiently conspicuous.”
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.
Contact Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
Edvisors Releases Their Comprehensive 2024-2025 FAFSA® Guide as Students Navigate a Tough FAFSA Season
Las Vegas, NV – Edvisors, a leading source of expert information on college financial aid, announces the release of its 2024-2025 FAFSA Guide, providing crucial insights and updates to students, parents, and school counselors navigating what is one of the most challenging years for FAFSA (Free Application for Federal Student Aid) applicants.
The 2024-2025 FAFSA was released at the end of 2023, and this year the application looks different than the previous years due to changes implemented based on the FAFSA Simplification Act. Many changes are highly visible to students and families as they work through the application. Changes such as the retirement of the expected family contribution (EFC) and the introduction of a new index to aid calculations: the Student Aid Index (SAI). Edvisors’ guide and resources aim to demystify the complexities introduced by these changes, ensuring applicants can successfully complete the process.
“A perfect storm of regulatory updates and economic pressures has made this FAFSA season particularly daunting,” said Elaine Rubin, Director of Corporate Communications at Edvisors. “We understand that completing the FAFSA can feel overwhelming, especially with recent changes and delays that are impacting college decisions and financing. Our goal in releasing this comprehensive guide is to equip families with the knowledge and tools to navigate these changes successfully.”
The Edvisors 2024-2025 FAFSA Guide will highlight critical updates, including:
- A breakdown of substantial changes due to the FAFSA Simplification Act.
- An explanation of the SAI and its implications for applicants.
- How to determine and identify FAFSA contributors within complex family dynamics.
- Navigating the latest FAFSA news to ensure students and families know what to expect as far as processing and delays.
In addition to the written guide, Edvisors is also providing a video demo walkthrough, offering a step-by-step visual aid for those who want to preview the application before diving in. These resources are part of Edvisors’ continued commitment to ensure that high-quality, accessible financial aid information is available to everyone looking to invest in their educational future.
The Edvisors 2024-2025 FAFSA Guide is available now at https://www.edvisors.com/student-loans/fafsa/filing-the-fafsa/
The Edvisors 2024-2025 FAFSA Walkthrough is available on Edvisors’ YouTube Channel
In addition, Edvisors invites students to check out the Student LIFE Blog to stay up to date on the latest FAFSA updates.
About Edvisors: For 20 years we have been known as one of the largest and most trusted resources to help students find their path to success. Everyone needs to find their own path, and we know that first-hand. We work to provide information from both our professional and firsthand experiences, to help individuals through college and beyond. Every year, millions of students and their families turn to the Edvisors.com, for timely, accurate information, advice and tools that help them confidently make the best decisions about paying for college. Founded in 1998, Edvisors is based in Las Vegas, Nevada. More information can be found at www.edvisors.com.
Contact Information
Name: Elaine Rubin
Email: erubin@edvisors.com
Job Title: Director of Corporate Communications
Receivables Management Association International and BBB National Programs Announce New Accountability Service to Enhance the Receivables Management Certification Program
Sacramento, CA – The Receivables Management Association International (RMAI) and BBB National Programs announced today that, effective March 1, 2024, BBB National Programs will independently administer the Remediation Committee for RMAI’s Receivables Management Certification Program (RMCP).
The RMCP is RMAI’s flagship industry self-regulatory program that provides enhanced consumer protections through rigorous and uniform industry standards of best practices. The program was launched in 2013, and currently certifies 494 businesses and individuals within the receivables management industry. Businesses that are eligible for certification include debt buying companies, collection agencies, collection law firms, brokers, process servers, and vendors.
As of January 1, 2025, all debt-buying companies that are members of RMAI will be required to be certified as a condition of membership.
The “RMAI Services” agreement, under which BBB National Programs will independently administer the RMAI Remediation Committee, includes oversight of the process to remedy non-compliance with RMAI’s rigorous uniform certification standards. BBB National Programs, a non-profit organization, is the home of independent industry self-regulation in the U.S., currently operating more than twenty globally recognized programs that have been helping enhance consumer trust in business for more than 50 years.
The RMAI Remediation Committee is responsible for the administration of all corrective remedial actions and discipline associated with the certification program. “We are excited to have BBB National Programs bring an independent third-party element to the program,” said Jan Stieger, Executive Director of RMAI. “This collaboration underscores RMAI’s proactive approach to consumer protection and reinforces our members’ commitment to ethical conduct.”
“BBB National Programs is proud to support RMAI in its efforts to promote trust and transparency in the receivables management sector,” said Eric D. Reicin, President and CEO, BBB National Programs. “While many industries have “self-regulated” over the years, the smartest industries have realized that independent industry self-regulation, built in concert with a nonprofit third party such as BBB National Programs, is the best way to build an accountability program that is respected by regulators and trusted by consumers.”
The adoption of uniform standards for the receivables management industry helps ensure that those who are certified are aware of and are complying with state and federal statutory requirements, responding to Consumer Complaints and inquiries, and following industry best practices.
These new services, administered by BBB National Programs, complement RMAI’s extensive expertise in debt collection with BBB National Programs’ dedication to advancing marketplace trust through industry self-regulation and dispute resolution.
For media inquiries or more information about this announcement, please contact:
Penny Cunha, Deputy Director
Receivables Management Association International
Jennie Rosenberg, Media Relations
BBB National Programs
About RMAI:
Receivables Management Association International (RMAI) is a nonprofit trade association representing more than 600 companies that purchase or support the purchase of performing and nonperforming receivables on the secondary market. The RMAI Receivables Management Certification Program celebrated its 10th anniversary in 2023. Together with RMAI’s Code of Ethics, the Certification Program sets the global standard within the receivables industry due to the rigorous uniform standards of best practice which focus on protecting consumers. More information about RMAI is available at www.rmaintl.org.
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 20 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.
Contact Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
Privacy Watchdog Ensures Indeed and Glassdoor Adhere to Digital Advertising Privacy Best Practices
McLean, VA – February 6, 2024 – BBB National Programs’ Digital Advertising Accountability Program (DAAP) has brought job search platform Indeed Inc. and employer-review platform Glassdoor LLC, which both operate under Recruit Holdings Co., Ltd., into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for online interest-based advertising (IBA).DAAP’s investigation into Indeed’s website, which was the result of a consumer complaint, revealed noncompliance with the DAA Principles’ Transparency Principle for first-party publishers like Indeed and Glassdoor who allow third parties to collect user browsing behavior for IBA purposes. Though the consumer complaint was related to Indeed, given that Indeed shares infrastructure with Glassdoor, DAAP conducted its investigation on both platforms.
Identified issues included links in the footer related to privacy and user control of data not linking users directly to information relevant to the company’s DAA or IBA-related obligations, descriptions of third-party IBA practices scattered throughout the policies instead of one cohesive place, and no statement of adherence to the DAA Principles. In the company’s mobile apps, DAAP discovered that enhanced notice (that is, a direct link to a clear disclosure of IBA practices) was also not present in the times or places prescribed in the Transparency Principle.
Inquiry Response
In response to DAAP’s inquiry, Indeed and Glassdoor conducted comprehensive reviews for compliance with the DAA Principles, identifying areas for strengthening.
The companies collaborated with DAAP on the following:
Enhanced Notice for Website Data Collection
- Updated website footer links: Indeed’s “Privacy Center” now reads “Privacy Center and Ad Choices,” and Glassdoor’s “Privacy & Cookies” is now “Privacy & Ad Choices”
- Added an “Ad Choices” tab to the HR Tech Privacy Center landing page, directing users to a consolidated IBA-specific disclosure
Cross-App Data Collection Compliance
- Authorized third-party collection in their mobile apps
- Added an “Ad Choices” website header tab on the HR Tech Privacy Center landing page to their privacy policies, ensuring easy access to the IBA disclosure from app store pages within two clicks
- Enabled users to view the Ad Choices page within the application through privacy settings
In their respective statements, the companies provided:
- Indeed: We are committed to the success of job seekers and employers and strive to be transparent about our privacy policies and practices. We appreciate the opportunity to participate in DAA’s Accountability Programs and their commitment in helping us comply with their Self-Regulatory Principles for Online Behavioral Advertising.
- Glassdoor: Glassdoor is committed to the success of our users and strives to be transparent about our privacy practices with both job seekers and employers. We appreciate the opportunity to participate in DAA’s Accountability Programs and their commitment in helping us comply with their Self-Regulatory Principles for Online Behavioral Advertising.
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.
Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org
National Advertising Division Recommends BA Sports Nutrition Discontinue Its “The Rehydration Champ is Here” Claim
New York, NY – February 1, 2024 – BBB National Programs’ National Advertising Division recommended that BA Sports Nutrition, LLC (BA) discontinue the claim “The Rehydration Champ is Here” for its BodyArmor Flash I.V. Sports Drink.
The claim at issue, which appeared on the BodyArmor Flash I.V. Sports Drink webpage and in social media advertising, was challenged by competitor Stokely-Van Camp, Inc. (SVC). BA recently introduced its Flash I.V. Sports Drink to the marketplace in the “rapid rehydration” category.
At issue was whether BA’s “The Rehydration Champ is Here” claim conveys a comparative superiority message or is merely puffery. The National Advertising Division (NAD) concluded that one message reasonably conveyed is that Flash I.V. Sports Drink is the best on the market for rehydration, a claim that requires substantiation.
NAD noted that the quantity of electrolytes in a sports drink is not itself substantiation for a claim of superior rehydration. Although Flash I.V. has more electrolytes than Gatorlyte, in the absence of any comparative product or performance testing in the record on the rehydration benefit of Flash I.V. as compared to Gatorlyte or other competing sports drinks, NAD determined that BA’s “The Rehydration Champ is Here” claim was not supported.
Therefore, NAD recommended that BA discontinue its claim noting that nothing in its decision precludes BA from making properly supported ingredient claims for Flash I.V., or truthful and not misleading claims about the relative electrolyte content of its products and competing products.
In its advertiser statement, BA stated that it “disagrees with NAD’s conclusion but agrees to comply with the recommendation to stop using the ‘Rehydration Champ is Here’ claim, which was used specifically to advertise the launch of BODYARMOR Flash I.V. in 2023, and has already run its course.”
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 of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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
New Survey Data from LexisNexis Points to Seismic Shifts in Law Firm Business Models and Corporate Legal Expectations Due to Generative AI
Nearly half of law firm leaders are exploring new lines of business or billable opportunities as a result of generative AI technology
NEW YORK, January 31, 2024 – LexisNexis® Legal & Professional, a leading global provider of information and analytics, today released results from a survey of senior leadership at top U.S. law firms and legal professionals at Fortune 1000 companies. The survey was conducted to better understand the business impact of generative AI technology on the legal industry and how it is redefining itself.
Rapid Uptake and Generative AI Investments
Nearly all the legal executives surveyed expect their investment in generative AI technologies to increase over the next five years (90%). The survey found that 53% of Am Law 200 firms have purchased generative AI tools and 45% are using them for legal work. 43% of Am Law 200 leaders indicated their firm has a dedicated budget to invest in the growth opportunities presented by generative AI in 2024.
Reshaping the Law Firm Business Model
Generative AI is presenting opportunities for law firms to create value for their corporate legal clients through new lines of business and strategic services. 70% believe these solutions will enable new value-added work product for clients, with about a third (30%) expecting these solutions to result in a direct impact on firm revenue. Nearly half of law firm leaders are currently exploring new lines of business or billable opportunities made possible by generative AI technologies (47%). Regarding the bottom line, nearly half (47%) expect to achieve a reduction in costs from the use of generative AI solutions.
More Fortune 1000 executives expect generative AI to produce value for their organizations, with three-quarters (76%) expecting cost savings for their legal departments and 72% expecting the technology to increase the ability to complete more work in-house.
“Generative AI has tremendous potential to transform law firms’ business models and create new forms of value for their clients,” said Sean Fitzpatrick, CEO of LexisNexis North America, UK, and Ireland. “We are working closely with customers to integrate our leading generative AI tools into their workflows to drive unprecedented efficiencies and quality for both law firms and corporate legal departments.”
Gap in AI Expectations
Fortune 1000 in-house counsel have higher expectations regarding the use of generative AI in law firms than Am Law executives.
The biggest gap exists around expectations for changes in billing. The majority of Fortune 1000 executives expect to see a reduction in billing from outside counsel due to efficiencies created by generative AI (80%). However, corporate clients have not communicated those reduced billing expectations to law firms. While 43% of law firms agreed with the statement that generative AI will reduce billable hours, only 9% of large law firm leaders indicated their corporate clients have told them they expect their firm bills to be reduced as a result of generative AI, and few firms (11%) are changing or planning to change their billing practices.
While two-thirds of in-house counsel approve of law firms using generative AI in legal matters, only a third of law firm leaders believe their corporate clients approve of this use.
The smallest gap in expectations is seen regarding the use of generative AI and other cutting-edge technology at law firms, as a majority of both groups believe corporate clients expect this from their outside counsel.
Hiring Trends
Both large law firm and corporate respondents believe generative AI technology will impact hiring, with 27% anticipating increased hiring of technologists in 2024, led by 38% of Am Law 200 leaders expecting to increase hiring of technologists, such as data scientists, to support generative AI initiatives at their firms this year. Significantly fewer respondents in non-Am Law firms with 50+ attorneys anticipate hiring additional technologists in 2024 (14%).
The survey reveals a clear divide between Am Law 200 and next tier law firms in their plans to hire more technologists to support generative AI initiatives. While nearly 40% of the largest firms (Am Law 200 leaders) expect to increase hiring in this area in 2024, only 14% of non-Am Law firms plan to do so. This suggests that the largest firms are more aggressively investing in generative AI technology and the talent needed to implement it effectively. The gap indicates that smaller firms may risk falling behind on generative AI adoption without a similar focus on hiring technical experts, even though all respondents agree this technology will have a positive impact overall.
While a majority of law firm respondents believe generative AI will impact the apprenticeship model of large law firms (58%), only a small number of legal leaders expect a reduction in legal roles over the next five years, although one in five Am Law 200 executives predict a reduction in the need for associates.
Legal Analytics and Generative AI
Lex Machina’s recently completed 2024 Legal Analytics Survey found similar results, where 68% of legal professionals using legal analytics in their practice expressed the most excitement and preparedness for generative AI. Twice as many legal analytics users were excited for generative AI compared to non-users (65% to 31%). Additionally, twice as many legal analytics users felt prepared for generative AI compared to non-users (57% to 24%). The survey results indicate that not only is generative AI at the forefront of the minds of the majority of legal analytics users, but also that there’s a positive correlation between the adoption of legal analytics and the readiness to incorporate generative AI in legal practice.
Methodology
LexisNexis Legal & Professional conducted the survey across 266 managing partners and C-suite leaders at Am Law 500 firms, as well as legal professionals in Fortune 1000 companies between December 6, 2023 and January 9, 2024. Findings include responses from 114 executives across 68 Am Law 200 firms, 102 executives across 79 non-Am Law 200 firms with 50 or more attorneys, and 50 executives across 44 Fortune 1000 companies. Surveys were conducted in English via the Forsta survey platform.
For more information on leading legal AI tools from LexisNexis and to download a copy of the survey results, visit www.lexisnexis.com/genai.
About LexisNexis Legal & Professional
LexisNexis® Legal & Professional provides legal, regulatory, and business information and analytics that help customers increase their productivity, improve decision-making, achieve better outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis® and Nexis® services. LexisNexis Legal & Professional, which serves customers in more than 150 countries with 11,300 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.
Media Contact
Dana Greenstein
Director of Communications, North America & UK
LexisNexis Legal & Professional
212-448-2163
dana.greenstein@lexisnexis.com
National Advertising Review Board Recommends Comcast Discontinue Use of “10G” When Referring to the Name of its Network
New York, NY – January 31, 2024 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that Comcast Cable Communications, LLC discontinue use of the term 10G in the product service name “Xfinity 10G Network” and when 10G is used descriptively to describe the Xfinity network.
The advertising at issue had been challenged by Verizon Communications Inc. Following the National Advertising Division’s (NAD) decision (Case No. 7213), Comcast appealed NAD’s finding that 10G as used by the advertiser communicates express messages that are unsubstantiated.
In agreement with NAD, the NARB panel determined that Comcast should discontinue use of the term 10G, both when used in the name of the service itself (“Xfinity 10G Network”) as well as when used to describe the Xfinity network. The use of 10G in a manner that is not false or misleading and is consistent with the panel decision is not precluded by the panel recommendations.
The NARB panel concluded that 10G expressly communicates at a minimum that users of the Xfinity network will experience significantly faster speeds than are available on 5G networks. This express claim is not supported because the record does not contain any data comparing speeds experienced by Xfinity network users with speeds experienced by subscribers to 5G networks.
Further, the NARB panel determined that, in the absence of actual Xfinity Gigabit Pro service tier market usage data showing consumer usage, the recent availability of 10G speeds through that service tier does not support the superior speed claim (or a 10Gbps claim) for the Xfinity network as a whole.
Initially, Comcast stated that it was unable to comply with NARB’s recommendations because the issues on appeal were the subject of a separate NARB appeal that was pending following NAD’s decision in a similar (but not identical) advertising challenge brought by T-Mobile US, Inc. (Case No. 7212). That appeal (NARB Panel 325) was subsequently decided.
Thereafter, Comcast stated that “although it strongly disagrees with NARB’s analysis and approach,” Comcast will modify its advertising to comply with the panel recommendations as set forth in the decision in Panel 325.
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.
Contact Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
In National Advertising Division Fast-Track SWIFT Case, Verizon Voluntarily Discontinues Certain 5G Home Internet Service Claims
New York, NY – January 29, 2024 – BBB National Programs’ National Advertising Division has closed a Fast-Track SWIFT challenge initiated by Charter Communications, Inc. regarding express and implied advertising claims for Verizon Communications Inc’s 5G Home Internet service.
Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD).
The challenged claims were featured in a holiday themed commercial. Charter argued that, in promoting its “5G Home Plus” plan with a “Whole Home Wi-Fi” feature, Verizon made unsupported disparaging claims about the Wi-Fi service provided by competitors, such as Charter.
Verizon informed NAD that it had permanently discontinued the challenged claims. Therefore, NAD did not review the claims on their merits and will treat the claims, for compliance purposes, as though NAD recommended they be discontinued.
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 of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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 Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
Focus Consumer Healthcare Appeals National Advertising Division Recommendation to Discontinue Certain Pamprin Botanicals Claims
New York, NY – January 22, 2024 – In a challenge brought by Bayer Consumer Health, BBB National Programs’ National Advertising Division recommended that Focus Consumer Healthcare discontinue certain claims for its Pamprin Botanicals dietary supplement for premenstrual syndrome (PMS) symptom relief, including:
- All “clinically tested,” “scientifically tested,” “mood support,” “calm PMS symptoms,” “ease cramps, bloat and moodiness” and help consumers “experience a better period” claims; and
- Express and implied ingredient claims for ashwagandha, magnesium, vitamin B6, turmeric, and chasteberry.
The National Advertising Division (NAD) also recommended that Focus modify several express and implied claims that Pamprin Botanicals is natural. Regarding the name Pamprin Botanicals as well as Pamprin Botanicals’ “tried and trusted” claim, NAD concluded that no modification was necessary.
“Clinically Tested” and Other Health-Related Claims
In support of its “clinically tested” and health-related product performance claims, the advertiser relied on results of a clinical study using Pamprin over the counter (OTC) products and Pamprin Botanicals to reduce the severity of common menstrual cycle symptoms.
The National Advertising Division (NAD) determined the study had several significant flaws, which rendered it insufficiently reliable to provide a reasonable basis for Pamprin Botanical’s establishment and health-related claims.
Therefore, NAD recommended that Focus discontinue all “clinically tested,” “scientifically tested,” “mood support,” “calm PMS symptoms,” “ease cramps, bloat, and moodiness,” and help consumers “experience a better period” claims.
Ingredient Claims
Bayer challenged five claims found on Pamprin Botanicals’ product packaging, website, and in Amazon tile advertising that call out specific ingredients and their consumer benefits.
The National Advertising Division (NAD) found the studies submitted by Focus in support of these claims was not a good fit. Therefore, NAD recommended that Focus discontinue:
- “Ashwagandha – a calming influence” as well as the implied claim that the ashwagandha in Pamprin Botanicals reduces PMS-related mood swings.
- “Magnesium – period pain, nope” and that Magnesium “works on period pain” as well as the implied claim that magnesium in Pamprin Botanicals reduces pain associated with PMS.
- “Vitamin B6 – pms less, chill more” as well as the implied claim that the vitamin B6 in Pamprin Botanicals reduces all PMS symptoms, including mood swings.
- “Turmeric – cramp pain & puff” and “helps cramps and puffiness” as well as the implied claim that the turmeric in Pamprin Botanicals reduces PMS-related pain and bloating.
- “Chasteberry – for a better period” claims as well as the implied claim that the chasteberry in Pamprin Botanicals reduces PMS symptoms.
“Natural” and Related Claims
The National Advertising Division (NAD) determined one message reasonably conveyed by Focus’ “naturally good-for-you ingredients” claim is that the listed ingredients are natural. In the absence of evidence supporting this message, NAD recommended Focus modify its advertising to remove the claim and avoid conveying the message that Pamprin Botanicals’ active ingredients are all-natural.
NAD concluded that the name Pamprin Botanicals did not require modification given the lack of evidence of consumer confusion and NAD’s conclusion that “botanical” is not an expressly false claim.
NAD found that one message reasonably conveyed by an Amazon product tile stating “all the good stuff, none of the bad” and touting six attributes of Pamprin Botanicals (i.e. “gluten-free”) is that these attributes are the “good stuff” and any products that are not free of these attributes are “bad” or unhealthy. NAD recommended that Focus modify the claim to avoid conveying the message that competing products include ingredients that are unsafe or unhealthy.
“Tried and Trusted”
The National Advertising Division (NAD) determined that, in context, the “tried and trusted” claim which appeared on the Amazon product tile refers to Pamprin’s history and that no modification was necessary.
Claims Pamprin’s Products Work Together
The National Advertising Division (NAD) determined that the message reasonably conveyed by the Amazon product description and tiles is that Pamprin Botanicals and Pamprin OTC products work together to provide superior relief for PMS symptoms. Since NAD found that the study did not meet the standard for competent and reliable scientific evidence, it concluded that Focus did not provide reliable substantiation for this implied claim. Therefore, NAD recommended that Focus modify its advertising to avoid conveying such a message.
In its advertiser statement, Focus stated that it will appeal NAD’s decision because it believes that is “incorrectly based on a rigid substantiation standard applicable to prescription drugs . . . that is not and has never been the standard for dietary supplement claims.”
Appeals of NAD decisions are made to the 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 of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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 Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
Just Released: Enterval Analytics, LLC© Private Student Loan Report Highlights Stable Repayment Trends and Increased Originations
January 16, 2024 – Enterval Analytics, LLC, a leading student loan analytics company, has released the 21st edition of the semiannual Private Student Loan Report (“Report”). The latest edition provides key insights into the private student loan market and represents data contributed by fourteen private lenders, who collectively account for roughly 66% of outstanding private student loans in the United States.
Private student loan originations by Report contributors in academic year 2022-23 increased 6.70% YOY, to $10.03B. For the latest reported performance data, as of the third quarter of 2023, the annualized gross charge-off rate is 2.71% of loan in repayment and forbearance utilization remained low at 1.35%. Early-stage delinquencies, rose slightly to 3.21%, while late-stage delinquencies sit at 1.47%.
“The private student loan market continued to perform well as students and families prepared to resume their federal student loan payments in the fourth quarter,” said John Falb, CEO of Enterval Analytics. “The slight uptick in early-stage delinquencies was not unexpected given the broader macroeconomic environment. It is encouraging that those numbers remain low, charge offs are holding steady, and forbearance is being used judiciously. As always, we will keep an eye on borrower performance.”
In addition to being fully underwritten to assess creditworthiness and ability to repay, private student loans made by Report contributors are also school-certified, and 93% of undergraduate loans are cosigned. The total outstanding balance for private student loans represented in the Report was $130.28 billion, with 74.32% of loans in repayment status as of Q3 2023. Based on the latest available federal student loan data, approximately 7.52% of total student loans outstanding as of Q3 2023 are private student loans. Undergraduate loans accounted for 89.12% and graduate loans 10.88% of the outstanding private student loan balances held by Report contributors.
The bi-annual Report includes continuous contributions from the five largest student loan lenders and holders: Citizens Bank, N.A., Discover Bank, Navient, PNC Bank, N.A., and Sallie Mae Bank. In addition, the report includes data from nine other student lender contributors. In total, these contributors represent the vast majority of in-school originations and a majority of the private student loans outstanding in the U.S.
The full Private Student Loan Report is available for download at https://www.enterval.com/#reports
About Enterval Analytics, LLC.
Enterval Analytics was formed to provide industry leading research, tools, and insights for the private student loan market. Previously, the private student loan report was published by MeasureOne. In 2021, Enterval acquired certain reporting assets of MeasureOne and has assumed the lead in creating this report.
Enterval has a dedicated team of seasoned professionals, with specialized experience in data analysis, finance, student loan portfolio management, higher education policy, public and government relations—Enterval is uniquely positioned to deliver reporting and software tool solutions focused on the higher education space. For more information about Enterval, visit www.enterval.com.
Contact Information
Name: Elaine Rubin
Email: info@enterval.com
Job Title: Director of Corporate Communications