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.
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.