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Media & Resources
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Agent
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No requirement to provide an opt-out for transfers to third parties acting as agents (but must enter into a contract with the agent consistent with Onward Transfer Principle, including requiring agent
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For sensitive data, must obtain affirmative express consent prior to sharing (unless an exception applies).
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Liable if agent processes data in a manner inconsistent with the Principles, unless company proves it is not responsible for the event giving rise to the damage.
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Controller (non-agent)
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Required to provide an opt-out (clear, conspicuous, and readily available) for transfers to non-agent third-parties.
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For sensitive data, must obtain affirmative express consent prior to sharing (unless an exception applies).
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No similar requirement of liability, but must still enter into a contract consistent with the Onward Transfer Principle.
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Briefings
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1 Round
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1 Round
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2 Rounds
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2 Rounds +
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Challenge Letter
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≤ 5 pages
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Optional
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≤ 20 pages
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≤ 30 pages
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Eligibility
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Single, well-defined issue
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Sufficiency of disclosures
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Multiple issues: single product/line
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Multiple issues; complex substantiation
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Evidence
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≤ 5 exhibits
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Optional
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Unlimited
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Unlimited
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Filing Fees
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National Partners: $12,000-$42,400 | Non-National Partners: $15,000-$53,000
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$11,200 - $14,000
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National Partners: $8,000-$38,400 | Non-National Partners: $10,000-$48,000
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National Partners: $24,000-$63,200 | Non-National Partners: $30,000-$79,000
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Party Meetings
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1 Round
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1 Round
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1 Round
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2 Rounds
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Time to Decision (Business Days)
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20
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20
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Final Meeting + 20
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Final Meeting + 30
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Challenges, Monitoring, & Enforcement
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Challenges
The NAD Challenge process promotes fair competition and enhances consumer trust in the marketplace. Any company, consumer, or non-governmental organization, including trade associations and non-profit organizations, can file a challenge with NAD.
Fast-Track SWIFT
Single-issue advertising cases with decisions in 20 business days.
Standard Track
Open to a variety of case types with decisions 20 business days following the final meeting.
Complex Track
Cases requiring complex substantiation with decisions 30 business days following the final meeting.
Fast-Track SWIFT
Single-issue advertising cases with decisions in 20 business days.
Standard Track
Open to a variety of case types with decisions 20 business days following the final meeting.
Complex Track
Cases requiring complex substantiation with decisions 30 business days following the final meeting.
Monitoring
As part of its public interest mission to ensure consumers receive truthful and accurate advertising messages, NAD initiates approximately 20-25% of its cases each year based on its own monitoring of advertising in a wide variety of product categories.
The goal of NAD’s monitoring cases is to expand the universe of advertising claims that are reviewed for truth and transparency and provide guidance for future advertising.
Annual Reports
The NAD Annual Report includes a year in review, exclusive insight on ad law case trends, a wrap-up of each year’s annual conference, and an extensive summary of the year’s casework.
Annual Report 2024
Annual Report 2023
Annual Report 2022
Annual Report 2021
Annual Report 2020
Enforcement
The NAD | NARB Policies and Procedures describe the details and parameters of NAD's challenge review process. When an advertiser declines to participate in the NAD process or decides not to comply with NAD’s decision, NAD will refer the matter to the Federal Trade Commission (FTC). The FTC will review the matter for possible enforcement action.
Events & Publications
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Kids Industry Connect
The 2025 Kids Industry Connect Summit brings together industry leaders to explore the fast-evolving landscape of marketing to children and teens in the United States. Connect with like-minded, forward-thinking brands for engaging sessions and CLE credit.
Navigating California's Lemon Law
BBB National Programs is helping manufacturers comply with California's Assembly Bill No. 1755, which introduces significant lemon law changes if a consumer intends to seek restitution or replacement of a motor vehicle.
Political Ads Guidance
The Digital Advertising Accountability Program has issued new guidance on How to Ensure Transparency in Political Advertising to educate advertisers sponsorship transparency requirements for online and mobile political ads.
The COPPA Rule
The Federal Trade Commission (FTC) finalized its changes to the Children’s Online Privacy Protection Act (COPPA) Rule, and Congress is re-examining COPPA 2.0. CARU breaks down what you need to know.
Automotive Disputes
BBB AUTO LINE helps settle vehicle warranty and lemon law disputes without the need for an attorney. But it is important to understand eligibility, which can depend on a number of factors such as the manufacturer of your vehicle.
In the News
The House Committee on Energy and Commerce issued an RFI inviting stakeholders to share their insights and suggestions on the newly formed data privacy working group. BBB National Programs appreciated the opportunity to comment on the need for such a framework as well as our recommendations for its development.