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ARTICLE · 16 MARCH 2023

NAD Will Now Accept Implied Claims In SWIFT

Katten
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Katten

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NAD has revised its SWIFT challenge rules to accept simple "implied" claims. The cases, for now, must still involve a single issue, and the implied claims must be very obvious...

United StatesMedia, Telecoms, IT, Entertainment

NAD has revised its SWIFT challenge rules to accept simple "implied" claims.  The cases, for now, must still involve a single issue, and the implied claims must be very obvious, akin to "necessary implication" matters.

If you plumb the NAD case report archives from its early days, you may be surprised at the brevity of the written decisions.  The case reports are often less than a page in length and include a bare-bones recitation of the issues and findings.  This was not satisfying to many advertisers, who clamored for more rigorous analysis and guidance.  Over time, NAD decisions became longer and more lawyerly and consequently took longer to issue.  The growing time lag between challenge and decision became a sore spot for industry participants.

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