AT&T strikes out T-Mobile over MLB promo
AT&T has a history of complaining about T-Mobile to the National Advertising Division (NAD). The NAD is the advertising industry's self-regulatory body and is part of the Better National Programs. In March 2021, we told you how AT&T complained about T-Mobile's ads that called it "the best" 5G network and offered "the best" 5G pricing. T-Mobile also was asked to change its claim that it had the "most reliable 5G network."
Ironically, back in November 2020, the NAD agreed that T-Mobile could make statements such as:
- "T-Mobile will build America’s largest . . . 5G network."
- "T-Mobile’s 5G network will have "more towers, more engineers, and more coverage" than the 5G networks of T-Mobile’s competitors...."
- "T-Mobile’s 5G network 'will deliver unprecedented reach'...."
What the NAD did object to was telling advertisers that some of the benefits they would see as a result of the merger with Sprint would take place immediately.
Now, the NAD is asking T-Mobile to stop claiming that T-Mobile subscribers who download the T-Mobile Tuesdays app are able to view "every regular season [Major League Baseball] game live or on demand." In a press release from the Better Business Bureau National Programs (via Cord Cutters News) that was issued last week, the NAD also said that it wants T-Mobile to modify its claims so that it mentions "which categories of live games are available with the MLB.tv benefit."
T-Mobile Park is the home to the American League's Seattle Mariners
The issue is that T-Mobile did not specify that the games available for viewing are considered "out of market" games. For example, those living in New York City would be unable to use the T-Mobile Tuesdays app to catch live Yankees or Mets games (although, let's face it, who the hell in NYC would want to watch either team this year?). While T-Mobile did voluntarily modify the line during the proceeding to read, "enjoy every 2023 out-of-market, regular season game live or on demand," the carrier would not commit to doing so on future iterations of the ad.
The NAD concluded that "the challenged claim reasonably conveys a message that T-Mobile customers will be able to watch all regular season games live, whether they are nationally televised games, in-market games, or out-of-market games...such a message is not supported because, while all games that have been played already are available for viewing on demand, all games are not available live." The NAD also said that T-Mobile's disclaimer that says, "blackouts and other restrictions apply" does not cover the challenged claim.
T-Mobile, while feeling like it just got picked off first base, not only said that it would comply with the NAD's decision but also said that it "appreciates NAD’s recognition that the voluntary change it already made to [its] instructional video was sufficient to address AT&T’s alleged concerns." Yes, it was AT&T that filed the complaint against T-Mobile.
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Things that are NOT allowed: