AT&T loses challenge of Cox’s gig everywhere claim

Cox Communications won a wrestling match with AT&T over a commercial the cable operator ran claiming it provides “gig-speeds everywhere,” though an advertising arbiter recommended a few tweaks to its messaging.

At the heart of the dispute was a TV commercial Cox ran which depicted a fictional text conversation between itself and AT&T in which it touted its Gigablast service’s ability to provide gig speeds to all its customers. The implication behind this being, of course, that AT&T can’t do the same.

In its review, the National Advertising Division (NAD) found Cox does indeed provide its Gigablast service to “almost any” customer within its footprint and every customer where it competes with AT&T. The NAD accepted a claim from Cox that less than half of AT&T customers have access to gig speeds or faster due to limited availability of FTTH services. It isn’t clear whether it substantiated that claim with information provided by AT&T or took it at face value.

However, NAD didn’t let Cox off the hook entirely. It recommended Cox revise its advertising to reflect the fact that its gig claim only applies to download rates, as the company doesn’t offer symmetrical service.

Indeed, in Ookla’s recent Q3 Speedtest Intelligence report, Cox posted the second fastest download speeds, with an average of 196.5 Mbps, while AT&T trailed in sixth with an average of 167.3 Mbps. But the tables turned when it came to upload rates. AT&T took first place while Cox lagged in seventh.

Cox said it would comply with the NAD ruling.

The spat with Cox comes as AT&T vigorously fights marketing claims made by cable rivals. It has notably engaged in a back and forth at the NAD with Charter Communications, most recently emerging victorious after challenging the operator’s 20X faster speed claim.