AT&T has been told to stop airing ads claiming the carrier already offers mobile coverage from space.
AT&T plans to offer Supplemental Coverage from Space (SCS) and has a deal with AST SpaceMobile, a Starlink competitor that plans to launch smartphone service from low-Earth orbit satellites. But AST SpaceMobile’s first batch of five satellites isn’t scheduled to launch until September.
T-Mobile, irritated by AT&T's ad that its satellite-to-cellular service was already available, filed a complaint with the advertising industry's self-regulatory system run by BBB National Programs. The BBB National Advertising Division (NAD) ruled against AT&T last month, and the carrier appealed to the National Advertising Review Board (NARB), which has now also ruled against AT&T.
“It was not disputed that AT&T does not currently provide SCS coverage to its wireless customers… Therefore, the NARB panel recommended that AT&T discontinue the claim that SCS service is currently available to consumers or modify the claim to clearly and conspicuously communicate that SCS is not currently available,” the NARB said in an announcement yesterday.
AT&T, which is also known for rebranding its 4G service as “5GE,” reluctantly agreed to follow the recommendation and released a new version of the satellite calling commercial with more specific disclaimers. “AT&T supports NARB's self-regulatory process and will comply with NARB's decision… However, we respectfully disagree with NARB's conclusion recommending that the commercial be discontinued or modified,” AT&T said in its statement about the decision.
The controversial ad, titled “Epic Bad Golf Day,” features actor Ben Stiller searching for a golf ball in various remote locations.
“The commercial ends with Mr. Stiller finally getting his golf ball in a deserted wasteland… He then uses a cell phone to call golf champion Jordan Spieth, who is standing on a golf green, presumably so Mr. Spieth can offer golf advice,” the NARB ruling said. “One image in the commercial shows Mr. Stiller calling Mr. Spieth, who connects via satellite. Another image shows Mr. Stiller's cell phone saying he is 'Connecting via satellite.'”
AT&T: Commercial should not be taken literally
AT&T's appeal “points to a number of fanciful/ridiculous features of the advertising in Mr. Stiller's golf ball odyssey to argue that reasonable consumers would receive no notice that satellite service is currently available, but would understand that AT&T is burnishing its brand by pointing out technology features currently in development,” the panel wrote.
T-Mobile countered that “the use of humor does not relieve an advertiser of its obligation to ensure that statements are truthful and not misleading,” and the NARB agreed.
“The Panel views the humorous/imaginative nature of Mr. Stiller's antics as a way to capture viewers' attention, but also as a way to highlight the utility of SCS technology, which allows calls to be placed from remote locations not currently accessible to cellular service,” the industry self-regulatory group said. “The humor associated with Mr. Stiller's golfing misadventures does not negate the consumer's communication that SCS service is currently available. Furthermore, the Panel does not accept AT&T's argument that the Panel's decision (or the NAD decision being appealed) will disrupt the use of humor in advertising.”
The ad originally featured a small blurb describing the satellite call depicted as a “demonstration of evolving technology.” This week, the blurb was changed to read that “satellite calls are currently unavailable.”
“Even if we assume consumers will read this, [the disclaimer]“A reasonable interpretation of 'evolving technology' is that the technology is currently available, but is expected to improve in the future,” the NARB said.
The original version also had text that said, “the future of help is an AT&T satellite call away.” The NARB concluded that this “statement could reasonably be interpreted as a declaration that 'future' technology has now arrived. The next image reinforces that message, as it shows Mr. Stiller communicating via a cell phone while in a remote location, and the accompanying image states 'connection changes everything,' a message that is focused on the present, not the future.”
In the updated version of the ad, AT&T changed the text to read: “The future of help is just an AT&T satellite phone call away.”
