Apparently happy about the outcome of its recent case against Sunrun at NAD, the challenger, Campaign for Accountability (CfA), issued its own press release and posted it on Twitter. CfA also apparently gave NAD’s press release and the Decision to a media outlet and posted the Decision on its own website. The problem is that NAD’s procedures do not permit parties to use NAD’s Decisions “for promotional purposes.” Accordingly, NAD has issued another press release about the matter, this time chiding CfA for violating NAD’s procedures. And, as a result, CfA has withdrawn its own press release.
Lesson? If you get a win at NAD, just enjoy it and let NAD handle the publicity. (You can also give NAD the names of media outlets where you'd like its press release to go.) Violating NAD’s procedures won’t land you in NAD jail, but it could lead to a public call-out, as here, if not an actual closure of a case prior to its resolution.
NAD/CARU reserves the right to refuse to open or to continue to handle a case where a party to an NAD/CARU proceeding publicizes, or otherwise announces, to third parties not directly related to the case the fact that specific advertising will be, is being, or has been, referred to NAD/CARU for resolution.
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