TELECOM

National Advertising Division Recommends Boost Mobile Modify or Discontinue Certain Claims for its Boost Mobile Network

Boost Mobile ordered to rework 5G coverage claims after T-Mobile challenge upheld by NAD.

By Donna Joseph
May 3, 2025 10:11 PM Updated May 6, 2025
National Advertising Division Recommends Boost Mobile Modify or Discontinue Certain Claims for its Boost Mobile Network Photo by SBR

NEW YORK, April 29, 2025 – In a challenge brought by T-Mobile US, Inc., BBB National Programs’ National Advertising Division recommended that Dish Network, LLC d/b/a Boost Mobile discontinue or modify certain claims about the breadth of Boost Mobile Network’s 5G coverage, comparative benefits, and claims that its network is “new.”

T-Mobile and Boost Mobile are competitor wireless carriers that offer service across the country. Boost Mobile offers wireless coverage to 99% of the country’s population through a combination of its own 5G wireless network (which covers 80.08% of the country’s population) and carrier roaming agreements with T-Mobile and AT&T that offer Boost Mobile customers the ability to roam freely on those networks. However, in some areas of the country, Boost Mobile customers only have 4G or LTE coverage and not 5G coverage because its roaming partners’ networks are not entirely 5G.

The National Advertising division (NAD) determined that messages reasonably conveyed by the claims challenged by T-Mobile, in the context in which they appear in advertising, included that Boost Mobile’s network covers 99% of Americans with 5G and offers certain comparative advantages over its competitors’ networks, such as faster speeds and reduced latency.

NAD found that Boost Mobile’s evidence, while providing a reasonable basis for the claim 99% nationwide coverage overall (and 98% coverage with 5G), did not provide a reasonable basis to support a claim that Boost Mobile offers 5G coverage to 99% of the country (whether solely from its own network of towers or in conjunction with its roaming partners). In addition, NAD found that the evidence detailing the benefits of the network built by Boost Mobile did not support the full breadth of comparative benefits touted by Boost’s advertising.

Accordingly, NAD recommended that Boost Mobile discontinue the challenged claims or modify its advertising to avoid conveying unsupported messages about the breadth of Boost Mobile’s network coverage and comparative benefits. NAD noted that nothing in the decision would preclude Boost Mobile from making other truthful and non-misleading comparative and monadic claims about its service’s availability or the benefits of the network it built.

In addition, NAD recommended that Boost Mobile discontinue certain claims that described Boost Mobile’s network as “new” or “newest.” Although Boost Mobile identified a number of features and benefits of the network it built, NAD concluded Boost Mobile’s “new” claims exceed Federal Trade Commission Guidance that limits “new” claims to a period of six months, and that its “America’s newest” claim conveys a comparative performance superiority message that the evidence did not support.

During the proceeding, Boost Mobile voluntarily permanently discontinued certain claims. Therefore, NAD did not review these claims on their merits and will treat them, for compliance purposes, as though NAD recommended they be discontinued.

In its advertiser statement, Boost Mobile stated that while it disagrees with some of NAD’s recommendations, it “agrees to comply with NAD’s recommendations and will incorporate NAD’s recommendations into future advertising.”

Advertisers must ensure that comparative claims are not only persuasive but properly substantiated.


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