Competitor Challenges

No special form is needed to bring advertising to NAD’s attention, but it is helpful to remember the following:

Put the query or complaint in writing;

Enclose originals or photocopies of newspaper or magazine ads. If the advertising was on radio or television, be specific about the name of the product and company, the claims at issue, and where and when (e.g. what program) the advertisement appeared;

All challenges, including any supporting documentation, must be submitted in duplicate hard copy and in an electronic format (including evidentiary exhibits when possible.) To help ensure a timely review, challengers should strive to limit the length of their submissions to 8 double-spaced typewritten pages (excluding evidentiary exhibits) and limit the number of issues raised in a challenge to those that are the most significant.

All challenges made by companies and/or competitors shall be filed together with a check (see below for amount), made payable to the Council of Better Business Bureaus, Inc., as a filing fee to help defray some of the administrative costs associated with the advertising review process.

CBBB National Partner Filing Fees – Competitive challenges submitted to NAD by CBBB National Partners shall be filed with a check, made payable to the Council of Better Business Bureaus, Inc., in the amount of $10,000.

Non-National Partner Filing Fees – Competitive challenges submitted to NAD by businesses that are not CBBB National Partners shall be filed with a check, made payable to the Council of Better Business Bureaus, Inc., for:

  • (a) $15,000, if the challenger’s gross annual revenue is less than $1 billion;
  • (b) $25,000, if the challenger’s gross annual revenue is $1 billion or more.

The filing fee shall be accompanied by a statement indicating the category into which the challenger’s revenues fall. In the case of a challenge filed by a subsidiary, the filing fee is determined by the gross annual revenue of the parent company.

If a case is opened but subsequently closed administratively (i.e., in accordance with procedures but without a substantive determination), the filing fee will total $1500 for CBBB members and $2500 for non-members. (The difference between the initial filing fee and the administrative closing fees will be refunded to the challenging party.)

Mail your letter and supporting materials to:

112 Madison Avenue
3rd Floor
New York, NY
10016