On the heels of the debut of its fast track (or "SWIFT") process this spring, NAD last week announced the launch of yet another new challenge track: the "Complex Track."
According to BBB National Programs, the new Complex Track process will be a "customized experience" that is intended to provide a new option "to support complex cases with greater transparency and more predictable scheduling" in situations where certain challenges require more time and resources to resolve.
Parties to a challenge under the Complex Track process will meet with NAD to "schedule additional work and evidence-gathering from the initiation of the case." This will include a joint meeting with NAD to "map out the timeline necessary to compile evidence in support of a claim or rebut that evidence and jointly discuss the timing of the submissions and the meetings." The new process will also include meetings where NAD can "share feedback about the evidence submitted and provide each party with an opportunity to ask questions and provide specific evidence or demonstrate why different evidence is sufficient."
The Complex Track is appropriate for cases involving elements such as multiple expert reports, technical studies that require additional time for analysis (such as consumer perception or scientific studies), or challenges involving numerous claims over a variety of products. A list of non-exhaustive examples of cases that may be appropriate for the new process can be found on NAD's website.
Originally published 25 August, 2020
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