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FCC CITES FIRST NATIONAL BANK AND LYFT FOR TELEMARKETING VIOLATIONS
First National Bank and Lyft Violated the Telephone Consumer Protection Act by
Requiring Consumers to Agree to Receive Telemarketing Calls
WASHINGTON, September 11, 2015 - The Federal Communications Commission's
Enforcement Bureau today issued citations to F.N.B. Corporation (First National
Bank) and Lyft, Inc., putting both companies on notice that they have violated
laws and rules enforced by the FCC. Both companies are being cited for violating
rules protecting consumers against unwanted autodialed text messages.
First National Bank requires its online banking and Apple Pay customers to agree
to receive autodialed telemarketing texts in order to use its services. Lyft
purports to allow consumers who sign up for its ride-sharing service to opt out
of receiving autodialed or prerecorded telemarketing calls and texts, but does
not allow users to access the service if they do exercise their right to opt out
of marketing calls and texts. Both of these companies' practices violate the
Commission's rules implementing the Telephone Consumer Protection Act.
"Consumers have the right to choose whether they want marketing calls and texts
to their cell phones," said Travis LeBlanc, Chief of the FCC Enforcement Bureau.
"Today, we again make clear that such calls and texts are unlawful without
express written consumer consent. We urge any company that unlawfully conditions
its service on consent to unwanted marketing calls and texts to act swiftly to
change its policies."
The Commission's rules prohibit making autodialed calls/texts and robocalls for
the purposes of telemarketing and advertising unless the caller has the prior
express written consent of the called party. In addition, to protect consumers
from being forced to give consent unwillingly, FCC rules forbid requiring
consumers to agree to receive marketing robocalls and autodialed calls/texts as
a condition of purchasing any goods, services, or property.
The Enforcement Bureau began investigations into First National Bank and Lyft
after becoming aware of the violative provisions in those companies' service
agreements. The investigation into First National Bank revealed that the company
requires consumers to agree to receive autodialed marketing text messages on
their phones in order to use First National Bank's online banking services and
to use their bank cards through the Apple Pay mobile banking service. Nothing in
either the company's Online Banking Services Agreement or its Apple Pay Terms
and Conditions states or suggests that consumers have the option to refuse
consent to receive such marketing texts, as required by law.
The investigation into Lyft showed that while its terms of service state that a
consumer may opt out of receiving autodialed and/or prerecorded telemarketing
texts and calls by using "provided unsubscribe options," the company, does not,
in fact, provide unsubscribe options or any information or links that would
allow consumers to easily opt out of receiving such calls and texts. If
consumers, through navigating the company's website, are able to locate the
opt-out page and manage to opt out of such calls and texts, they are not able to
use Lyft's services unless they opt back into receiving such calls and texts.
The citations issued today notify First National Bank and Lyft that they have
violated the law and the Commission's rules, and warns the companies that if
they continue to violate the law, or if they make any telemarketing or
advertising calls in violation of the Telephone Consumer Protection Act, the
Commission may impose sanctions for each and every violation, including monetary
penalties. Under the Communications Act, the Commission is required to
issue a citation before proposing a forfeiture to persons or companies like
First National Bank and Lyft, who are not licensees, permittees, or
authorization holders of the Commission.
To file a complaint with the FCC, go to
https://consumercomplaints.fcc.gov/hc/en-us or contact the FCC's Consumer
Center by calling 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC
(1-888-835-5322) TTY; faxing 1-866-418-0232; or by writing to:
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