T-Mobile responded to an advertising watchdog that asked the mobile provider to stop running “flawed” ads last night, but says it will not change its tune. T-Mobile said that the “findings won’t result in any substantial changes to our marketing claims,” and since the agency lacks the legal jurisdiction of a government agency such as the FCC, the wireless network provider will not be forced to make any changes.

The report claims that T-Mobile misled consumers with ads for its 4G network. The claims were published this month by the National Advertising Division (NAD), an arm of the Council of Better Business Bureaus. NAD issued the report in response to an anonymous complaint and suggested that T-Mobile either drop the ads, or change them to include more information and cease making false claims regarding its network speeds.

CNET reported yesterday that the NAD took issue with T-Mobile claiming it provided 50 percent more bandwidth than AT&T in the ads, which is true of the older-generation HSPA networks. However, AT&T has a LTE network, which the NAD claims is faster than T-Mobile’s, which covers more areas. T-Mobile recently announced that its LTE network reaches 180 million people, whereas AT&T claims 240 million.

Under CEO John Legere, T-Mobile has utilized negative advertising against Verizon and AT&T, following a failed merger attempt with the latter. T-Mobile ads often target AT&T customers because the two providers utilize much of the same GSM wireless frequencies, and consumers can easily transfer their smartphone from one network to the other.

The official statement from T-Mobile’s marketing chief Mike Seivert calls the NAD findings a “validation of our marketing approach.” Here is the statement text:

NAD's findings are a validation of our marketing approach. In fact, today's NAD findings won't result in any substantial changes to our marketing claims. We will continue to spread the word about our coast to coast 4G coverage, superfast 4G network, and superior call clarity, along with our message of simple, no annual service contract plans, unlimited data and the best upgrade program, JUMP!

CEO Legere also jumped in on the conversation, tweeting that T-Mobile's ads were "the truth." Legere is active on Twitter, and often attempts to provoke AT&T in his tweets. Legere retweets users who display negative attitudes towards other wireless networks.




CEO Legere followed up his first tweet with the following:




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