FCC Cites First National Bank and Lyft for Telemarketing Violations

Media Contact:

Will Wiquist, (202) 418-0509

will.wiquist@fcc.gov

For Immediate Release

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

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WASHINGTON, September 11, 2015 - The Federal Communications Commissions

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 companys 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 companys 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 Commissions 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:

Federal Communications Commission

Consumer and Governmental Affairs Bureau

Consumer Inquiries and Complaints Division

445 12th Street, SW

Washington, DC 20554

The Lyft citation is available at: https://apps.fcc.gov/edocs_public/attachmatch/DA-15-997A1.pdf

The First National Bank citation is available at: https://apps.fcc.gov/edocs_public/attachmatch/

DA-15-996A1.pdf

###

Office of Media Relations: (202) 418-0500

TTY: (888) 835-5322

Twitter: @FCC

www.fcc.gov/office-media-relations

This is an unofficial announcement of Commission action. Release of the full text of a Commission order

constitutes official action. See MCI v. FCC, 515 F.2d 385 (D.C. Cir. 1974).

LINK:	http://www.fcc.gov/document/fcc-cites-first-national-bank-and-lyft-tel...
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