In a recent ruling by BBB National Programs’ National Advertising Division (NAD), Sling TV LLC has been advised to modify or discontinue certain advertising claims suggesting that customers can fully customize their channel lineup and only pay for the channels they select. The decision stems from a Fast-Track SWIFT challenge initiated by competitor DIRECTV, LLC, highlighting a dispute in the competitive live television streaming market.
The Fast-Track SWIFT process, designed for expedited resolution of single-issue advertising disputes, was utilized by DIRECTV to challenge Sling’s marketing claims. These claims, featured in Sling’s video and website advertisements, include statements such as, “Choose and customize your channel lineup…Sling lets you do that,” “I wish my TV provider let me choose what I pay for. Sling lets you do that,” and “Unparalleled flexibility. Control what channels you pay for and customize your channel lineup so that it’s unique to you.” DIRECTV argued that these statements misleadingly imply a fully customizable, à la carte channel selection experience, which Sling does not fully provide.
The NAD’s investigation revealed that while Sling offers a variety of add-ons and customization options at different price points, customers must first subscribe to one of Sling’s base packages—such as Sling Orange, Sling Blue, or a combined option—before accessing any customization features. This requirement undermines the claim of complete channel selection freedom, as consumers cannot build a package from scratch without a predefined base plan. As a result, NAD recommended that Sling either discontinue the challenged claims or revise its advertising to clearly disclose that customization is contingent upon purchasing a base package. This clarification would prevent conveying the unsupported impression of a fully à la carte service.
However, NAD found that the claim of “Unparalleled flexibility. Control what channels you pay for and customize your channel lineup so that it’s unique to you” was substantiated when viewed in the context of Sling’s website, where the customization process is better explained. This claim, when presented with appropriate context, does not overstate Sling’s offerings.
In response, Sling TV issued a statement affirming its commitment to comply with NAD’s recommendations, signaling its intent to adjust its advertising to align with the ruling. The decision underscores the importance of transparency in advertising, particularly in a competitive industry where consumer choice and flexibility are key selling points.
BBB National Programs, which oversees NAD, maintains a comprehensive case decision library where summaries of this and other rulings are available. Full texts of NAD, NARB, and CARU decisions can be accessed through the organization’s online archive, though these releases are not permitted for use in advertising or promotional materials per NAD/NARB procedures.
This ruling highlights the ongoing competition between streaming giants like Sling and DIRECTV, as they vie for consumer trust in a rapidly evolving digital entertainment landscape. It also serves as a reminder for advertisers to ensure their claims accurately reflect their service offerings to avoid misleading consumers.
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