Alltel can continue showing ads, judge rules: Verizon Wireless loses bid for restraining order

A judge has refused to grant a temporary restraining order that would have forced Alltel Wireless to drop an advertisement.
The commercial, which hit the air last year, implies that Verizon Wireless (among other carriers) requires users to extend their contract in order to make changes to their calling plans. Verizon — which dropped the contract-extension requirement after Alltel launched the campaign — claims the spot constitutes false advertising.
“Since October 7, 2007, Verizon Wireless customers have been able to change calling plans without extending the end date of their contract with Verizon Wireless,” the company said.
After implementing the new policy, Verizon Wireless contacted Alltel about the ad and requesting that it be changed. An Alltel spokesman last week said the carrier had complied, making edits “to accommodate Verizon’s position,” but Verizon claimed that Alltel continued to air the unedited ad throughout last year and into 2008.
But Alltel said a U.S. District Judge in Richmond, Va. denied Verizon’s request to immediately prohibit the commercials. “We are very pleased with Friday’s ruling and that the court recognized Verizon did not have grounds for the injunction it requested,” Alltel’s Laura Cook said.
A Verizon Wireless spokesman declined to comment on the ruling.