AT&T has taken a novel approach in its lawsuit against the National Advertising Division (NAD), the advertising industry's official watchdog. Instead of pulling its ads that criticize T-Mobile, AT&T is suing the NAD itself, claiming that the group has no legal basis to enforce its demand for censorship.
The controversy began when AT&T launched an ad campaign criticizing T-Mobile for making deceptive claims about its services. The NAD subsequently found that AT&T violated a rule by using NAD decisions in its ads, and sent a cease-and-desist letter to the carrier. However, instead of pulling its ads, AT&T is now suing the NAD, claiming that it didn't violate the rules.
AT&T's lawsuit argues that the NAD's actions are "inflammatory and baseless" and that the group has intimidated multiple TV networks into pulling AT&T's ads due to the cease-and-desist letter. The carrier also claims that it hasn't mischaracterized any NAD decisions, but rather only referenced "challenges" to T-Mobile advertising.
The NAD, however, argues that AT&T committed a "direct violation" of its rules by using NAD decisions in its ads. According to the NAD, AT&T's press release about its new ad campaign is not a permissible reference to an NAD decision, as it doesn't mention any specific decision or use the word "decision."
The lawsuit highlights the complexities and nuances of advertising regulations, particularly when it comes to referencing external decisions in ads. It also raises questions about the role of the NAD and other self-regulatory bodies in policing deceptive advertising claims.
Ultimately, the outcome of this lawsuit will determine whether AT&T's ad campaign can continue to criticize T-Mobile for its deceptive claims, or if the carrier must pull its ads due to a potential violation of NAD rules.
The controversy began when AT&T launched an ad campaign criticizing T-Mobile for making deceptive claims about its services. The NAD subsequently found that AT&T violated a rule by using NAD decisions in its ads, and sent a cease-and-desist letter to the carrier. However, instead of pulling its ads, AT&T is now suing the NAD, claiming that it didn't violate the rules.
AT&T's lawsuit argues that the NAD's actions are "inflammatory and baseless" and that the group has intimidated multiple TV networks into pulling AT&T's ads due to the cease-and-desist letter. The carrier also claims that it hasn't mischaracterized any NAD decisions, but rather only referenced "challenges" to T-Mobile advertising.
The NAD, however, argues that AT&T committed a "direct violation" of its rules by using NAD decisions in its ads. According to the NAD, AT&T's press release about its new ad campaign is not a permissible reference to an NAD decision, as it doesn't mention any specific decision or use the word "decision."
The lawsuit highlights the complexities and nuances of advertising regulations, particularly when it comes to referencing external decisions in ads. It also raises questions about the role of the NAD and other self-regulatory bodies in policing deceptive advertising claims.
Ultimately, the outcome of this lawsuit will determine whether AT&T's ad campaign can continue to criticize T-Mobile for its deceptive claims, or if the carrier must pull its ads due to a potential violation of NAD rules.