It may be true, but is it available?

February 20, 2015. In a recent opinion regarding Comcast’s advertising for its “Extreme 505” high-speed Internet service, the NAD reaffirmed the precedent it set in a 2014 year end decision for AT&T high speed Internet service.
In the earlier AT&T case, the NAD evaluated AT&T’s promotion of its 45 Megabits per second speed claims. The NAD determined that AT&T had a reasonable basis for its claims regarding speed of service. The NAD also found that the speed “was achievable by an appreciable number of consumers under circumstances that are typically encountered.” That said, the NAD still advised AT&T to disclose in advertising that its service is “more unavailable than available.”
Following that precedent, in a January 2015 opinion, the NAD found that Comcast’s claims regarding its “Extreme 505” service speed were substantiated and that the service was available to an “appreciable number of households” in the areas where the service was marketed. That said, the NAD found that the service was more widely available in some of those markets than in others, and advised that Comcast make the disclosure “more unavailable than available” when advertising the service in markets where the service is not available to a majority of households.
You can view the NAD Press Releases on these two cases at: