• by Wendy Davis  @wendyndavis, May 22, 2018

T-Mobile should stop boasting in ads that it offers the "best unlimited network," an ad industry watchdog says in a decision unveiled Monday.

The decision, issued by the National Advertising Division -- a self-regulatory watchdog administered by the Better Business Bureau -- stemmed from a challenge to T-Mobile's ad claims by rival wireless provider AT&T. The T-Mobile ads, which ran online and on TV and the radio, included the boasts "T-Mobile is America’s Best Unlimited Network," and “Welcome to America’s best unlimited network.”

AT&T alleged that those ads conveyed that T-Mobile's network was superior to its rivals on a variety of metrics, including coverage areas, speed and reliability -- claims that AT&T contended were untrue.

T-Mobile countered that the ads conveyed that its unlimited data plan is superior to those of rivals, and that its network is the best option for consumers who want unlimited high-speed data. The company, which calls itself "un-carrier," says its unlimited data plans don't subject consumers to throttling until they use at least 50 GB of data in a month, compared to 22 GB at AT&T and Verizon. T-Mobile also argues that its unlimited plans include 10 GB of 4G LTE hotspot data.

The NAD sided with AT&T, finding that the phrase "best unlimited network" could convey that the network "is broadly superior to all of its competitors across numerous metrics relevant to unlimited high-speed data consumers."

The group added that T-Mobile hadn't presented evidence that its network was superior "in providing talk and text mobile services, or in providing high-speed data to a greater coverage area or more reliably."

The NAD also said the features of T-Mobile's unlimited data plans are not elements of its network, "and thus do not support its 'Best Unlimited Network' claim."

A T-Mobile spokesperson says the company plans to appeal the decision to the National Advertising Review Board. "T-Mobile has the best unlimited network for consumers -- and we wanted to share that with them in a simple and clear way," the spokesperson said.

T-Mobile and AT&T have battled each other over ads in the past. Most recently, AT&T complained to the NAD about a T-Mobile parody ad that allegedly denigrated AT&T. That ad -- a two-minute parody of holiday movies -- featured a conversation between a claymation version of CEO John Legere, an elf, a deer and a snowman on a mountain. The characters talked about how Legere saved the wireless industry from the "abominable carriers."

The NAD referred that earlier matter to the Federal Trade Commission and Federal Communications Commission because T-Mobile refused to participate in a review.