Gavel

NAD Asks Cox to Discontinue Multi-Gig Advertising Claims

BBB National Programs’ National Advertising Divisionis taking exception to some of Cox Communications’ advertising claims.

The National Advertising Division (NAD) is recommending that Cox, a broadband service provider, modify its multi-gigabit advertising claims, particularly the comparison to AT&T. The two companies offer competing internet services in some U.S. markets.

Specifically, the advertising division is recommending that Cox discontinue the claim “Multi Gig Speeds Everywhere” or modify it to accurately reflect the availability of its 2 Gbps tier service. One Cox commercial makes such claims.

However, NAD said no evidence in the record supported that message, so NAD recommended that the commercial be modified to avoid conveying the message that Cox offers multi gig upload speeds. NAD further determined that the multigigabit claims must be supported by evidence that the service is available to all customers wherever the claim is made.

NAD also wants Cox to discontinue the claim, “Get into the fast lane with Cox Business and get speeds that are up to 20X faster than T-Mobile and AT&T 5G Internet” in markets where AT&T offers a fiber product with speeds faster than 100 Mbps to small business customers, or modify its advertising to avoid conveying certain implied messages. According to NAD, the message isn’t true in markets where AT&T offers its faster fiber product. 

Unsurprisingly, the recommendations come after a challenge from AT&T, which contends that the Cox multi-gigabit claims mistakenly give the impression that the company offers both multi-gig download and upload speeds. However, the Cox internet service only offers multi-gig download speeds, which are not available everywhere.

Cox voluntarily permanently discontinued claims that it is the nation’s fastest internet provider that were based on an award from the website HighSpeedInternet.com during the proceeding. As a result, NAD did not review these express claims.

Last fall, Cox Communications was on the accusing side in a matter. In September, Cox filed a lawsuit against Rhode Island Commerce Corporation, criticizing the agency for how it planned to distribute the more than $108 million of BEAD funding to improve internet speed and access in the state. The 33-page lawsuit was filed in Providence Superior Court.

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