Comcast advertising sufficiently explains that the company’s Xfinity internet service does not deliver fiber to the home, BBB National Programs’ National Advertising Division (NAD) ruled today. However, NAD recommended that Xfinity modify its advertising disclosures to ensure that “fiber-powered” claims are clear and conspicuous.
The Fast-Track SWIFT ruling came following a challenge brought by AT&T. The expedited rulings are designed for single-issue advertising cases.
AT&T questioned the advertising disclosures in Xfinity’s “fiber-powered” advertising, saying they were insufficient to communicate that Xfinity internet service is not delivered to subscribers via fiber-to-the-home infrastructure.
NAD ruled that the advertising’s statement — that “Xfinity Internet is powered by fiber and connected to premises by coaxial cable” — sufficiently explains that the advertised Xfinity service does not deliver fiber-to-the-home.
According to the NAD ruling, the language clearly states that the last connection to the subscriber’s premises is coaxial cable, which is enough to distinguish it from full fiber-to-the-home offerings.
However, the term “fiber-powered” also appears alongside several other Xfinity advertising claims, including pricing offers accompanied by separate disclosures. So, the coaxial cable disclosure does not stand out within the larger block of disclosures, reducing its prominence.
Additionally, in certain ads, the disclosure appeared several panels away from the “fiber-powered” claim, which may have required consumers to scroll to view it. So NAD recommended that Comcast’s Xfinity modify the advertising disclosure connected to its “fiber-powered” claims to make them more prominent.
Comcast said it would comply with the NAD decision.
In a related recent case, Charter Communications agreed to modify the “fiber-powered” claims in website and video advertising, in response to a Fast-Track SWIFT challenge brought by AT&T.
Similar to the Comcast case, at issue was whether Charter’s Spectrum brand conveyed the message that the term “fiber-powered” used in its advertising suggested it was providing fiber-to-the-home infrastructure. In that case, NAD recommended Charter change its wording.
