- “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.
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.