Charter can keep downstream speed claim, ad watchdog rules

Charter Communications came out on top in the latest advertising claim challenge lodged by AT&T. In its response to a challenge plaint from AT&T, the National Advertising Division (NAD) announced that Charter substantiated its "most consistent download speeds" claim for its Spectrum-branded broadband service. AT&T used an expedited challenge process, dubbed Fast-Track SWIFT, to bring this "single-issue" ad case to the NAD. In this instance, AT&T challenged Charter's downstream-focused claim in two TV spots that included a small print disclosure reading that its claims were "[b]ased on comparison of fiber participants in the 2023 Measuring Broadband America Report." NAD said Charter's claim is supported because the Federal Communication Commission's report, as cited in Charter's TV ads, demonstrated that the cable operator does indeed have "the most consistent download speeds" when compared to other broadband providers with which it competes. According to the FCC's 2023 broadband measurement report, Charter was among a group of cable operators studied that delivered median download speeds that were "very consistent" – greater than 100% of the advertised – during peak usage periods to more than 80% of panelists for more than 80% of the time.