T-Mobile vs AT&T vs ...the National Advertising Division?
AT&T's lawsuit against the BBB NAD is an alarming move for advertising regulation and, in turn, consumer trust.
The BBB National Programs Policies and Procedures on voluntary self-regulation states that by participating in an NAD or NARB proceeding, you agree to "not...use and/or disseminate such decision, abstract or press release for advertising and/or promotional purposes...." And this is with good reason, because the reason self-regulation works is out of respect for the process. Since cases can come from competitors, it's important that consumer trust remains the priority, and not filing cases as the means to an end, the end being a marketing campaign.
AT&T and T-Mobile do not have to participate in the voluntary self-regulation process, but when they do, they are agreeing to following the policies and procedures outlined by the BBB National Programs, supported by the leading trade associations: 4As, AAF, ANA, and IAB.
The recent campaign from AT&T featuring Luke Wilson really toes the line of the rule not to use cases for advertising/promotional purposes, but their press release for the campaign blows right past the line by saying, "The Better Business Bureau’s advertising watchdog asked T-Mobile to correct their marketing claims 16 times over the last four years."
From my POV, there's no argument here. AT&T broke the rule. However, AT&T feels differently and has decided to escalate this by filing a lawsuit against the BBB National Programs — putting the entire self-regulation process in question.
Another layer of ethical failure on AT&T's part is that they conveniently forgot to mention that they have 39 NAD cases filed against them going back to 1983, per the BBB National Programs Online Archive.
It's unfortunate that consumers simply can not trust anything any mobile carrier says. AT&T attempted to address the lack of trust in the industry, but ended up proving the point of why consumers can't trust any of them.
In return, AT&T is coming after the self-regulation process, leaving consumers at risk and the industry at the will of government regulation.
*I serve as a volunteer in multiple roles within the AAF. This post reflects my personal views and opinions, and do not necessarily reflect those of the organization.