NAD determined that there was a material connection between Datarails and The Finance Weekly website and that connection was not clearly and conspicuously disclosed.
New York, NY – In a Fast-Track SWIFT challenge, BBB National Programs’ National Advertising Division recommended that Datarails, Inc. clearly and conspicuously disclose its material connection to The Finance Weekly website where endorsement, rankings, and reviews appear.
Cube Planning, Inc., a competitor in the Financial Planning and Analysis (FP&A) software solutions market, challenged Datarails advertising on The Finance Weekly website.
Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD). At issue for NAD was whether the affiliation between The Finance Weekly and Datarails is adequately disclosed.
NAD determined that there was a material connection between Datarails and The Finance Weekly website and that connection was not clearly and conspicuously disclosed. NAD noted that Datarails advertises throughout the website (and appears to be the only advertiser on the website), however, portions of the website that rank services do not disclose this material connection.
To ensure that Datarails advertising does not mislead consumers, NAD recommended that Datarails clearly and conspicuously disclose its material connection to The Finance Weekly website where endorsement, rankings, and reviews appear.
Datarails denied knowledge of the rating and ranking criteria of The Finance Weekly. NAD noted that in using an expert endorsement, Datarails, like any advertiser, has an obligation to ensure the endorsement is truthful.
Therefore, NAD recommended that Datarails discontinue using expert endorsements that do not:
- Have the correct experience to review the service;
- Review the product using that expertise to examine competing products or services; and
- Conclude the product or services are superior to other products or services with respect to the features reviewed.
In its advertiser statement, Datarails stated that it “intends to comply” with NAD’s recommendations.
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About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
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