T-Mobile Conducts Compliance Proceedings To Close NAD Case

T-Mobile has officially conducted compliance proceedings resulting from a case filed by Verizon with the National Advertising Division (NAD), which asserted that its advertising is misleading. That's according to a compliance proceeding report filed on the official BBB case site under NAD case number 6117, as of January 25. According to that report, T-Mobile was effectively able to show that its own network is at least as fast as Verizon's. Specifically, T-Mobile demonstrated that the network performance information it obtained from Ookla and OpenSignal for Q2 2017 concluded that the speeds experienced by two companies' customers were not materially different. Moreover, to address concerns of bias in the results caused by deprioritization, the speeds were also demonstrated during times of low network congestion.

However, the report also shows that the company is not willing to accept NAD recommendations based on at least two of its competitor's claims. First, the company also maintains that comparisons it did not make claims about its network covering 99-percent of the ground covered by Verizon's, which was a secondary claim submitted by the latter company with the complaint. More directly, it claims that it did not use imagery or language that would assert a comparison is being made, in terms of "geographic" coverage, between Verizon and T-Mobile. The company similarly responded to complaints asserting that T-Mobile had comparatively called Verizon's network "old" or "crumbling" by dismissing the claim. To begin with, the carrier claims that its CEO's tweets and other public statements - which are the source of Verizon's other claim - are his own opinions and should not be considered to be part of its own national advertising. Beyond that, T-Mobile posits that any comparison stating that Verizon's network is "old" versus T-Mobile's "new" network is made with regard to time and factually true. As with CEO John Legere's tweets, the service provider says those statements should not have been included in the NAD's recommendations.

While, as a result of the compliance proceedings, the NAD has officially closed the matter, it's hard to imagine Verizon taking the final determination of the case as a conclusion. Although the company has previously made an effort to take both T-Mobile's statements and its network progress in stride, this is not a new feud by any stretch of the imagination. It isn't likely that the closing of this one case is going to end that.

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