In a recent routine monitoring case, NAD examined online advertising for Quicken Loans. The ads, designed to "encourage...consumers to refinance their mortgage and learn more about its low refinancing rates,” states “NO REGISTRATION, NO LOGIN.” NAD was concerned that such a claim effectively communicated that Quicken would not collect or share personal information from users.
Do consumers interpret “no registration, no login” to mean “no information required”? NAD apparently thought they could. But Quicken chose not to defend its advertising at NAD; instead, it did not submit any response, earning itself a referral to “the appropriate government agency.” How that agency will respond remains to be seen.
As always, advertisers must consider not just the literal truthfulness of their statements, but what claims could also reasonably be communicated by their statements, even if not explicitly made. Now, in a period when consumer data is gold, and regulators are expressing concern about a lack of transparency in data collection, marketers may need to be particularly mindful about any claims, express or implied, that create an impression that they are not collecting data when they are.
NAD/CARU Case Reports, Report #6436 (May 2021)
(Description of graphic for visually-impaired readers: a computer keyboard with the words BIG DATA superimposed on it.)