Key Points
- The NARB has affirmed the NAD’s order on an AT&T promotion that misrepresented who was eligible for an iPhone 16 Pro “on us.”
- The issue is likely moot, since AT&T has since moved on to promote the newer iPhone 17 Pro.
- The finding comes about two weeks after the NAD accused AT&T of wrongly using its findings against T-Mobile in a promotional spot.
The National Advertising Review Board (NARB) has upheld a finding issued in September that urged AT&T to modify claims about an iPhone-related promotion.
On Thursday, the NARB said the National Advertising Division (NAD) correctly determined in September that an AT&T marketing promotion encouraging customers to “learn how everyone gets an iPhone 16 Pro on us” wrongly implied that all subscribers were eligible for the perk, when it was only certain customers on specific plans.
The challenge was brought by Verizon. The NARB and NAD are two divisions of the BBB National Programs, a self-regulating body that promotes transparency, accuracy and fairness in advertisements and promotions among its members. All three wireless giants participate in the BBB National Programs, as do many broadband companies.
AT&T appealed the NAD’s decision in September, which the NARB rejected this week, finding that the NAD’s reasoning was sound.
AT&T said it will comply with the findings issued by the NARB, but the matter is likely moot: Apple introduced new iPhones last month, and most carriers — including AT&T — have changed their promotions to focus on the newer iPhone 17 Pro, which replaced the iPhone 16 Pro in that category.
The NARB decision comes two weeks after the BBB National Programs said AT&T was improperly using its decisions as part of a new marketing campaign. The campaign, which features actor Luke Wilson, puts T-Mobile on blast for numerous misrepresentations in promotional spots, based on the outcome of prior NAD rulings.
The BBB National Programs has a policy that prohibits participating members from using its decisions in marketing and promotions. The NAD issued a cease-and-desist letter to AT&T at the end of October, which convinced some TV networks to stop airing the ad in question, AT&T said. The wireless company has since asked a federal judge to issue a preliminary rule in its favor out of concern that the NAD will file a lawsuit at some point in the near future.
