On September 11, 2015, the Federal Communications Commission (“FCC”) announced that Lyft Inc. (“Lyft”) and First National Bank Corporation (“FNB”) violated the Telephone Consumer Protection Act (“TCPA”) by forcing their users to consent to receive automated text messages as a condition of using their services. The FCC warned that these violations could result in fines if they continue.

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On October 22, 2014, the FTC announced that several interrelated online marketing and advertising companies agreed to pay nearly 10 million USD to settle allegations that they engaged in a pattern of text message spamming, robocalling and mobile cramming practices in violation of Section 5 of the FTC Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act, and the Telemarketing Sales Rule.
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On September 2, 2014, a federal district court in California granted final approval to a settlement ending a class action against Bank of America and FIA Card Services. The suit stemmed from allegations that the defendants violated the Telephone Consumer Protection Act when they called or texted consumers’ cell phones without the consumers’ prior express consent.
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On May 19, 2014, the Federal Communications Commission announced that Sprint Corporation agreed to pay $7.5 million to settle an FCC Enforcement Bureau investigation stemming from allegations that the company failed to honor consumers’ requests to opt out of telemarketing calls and texts. Sprint also agreed to implement a two-year plan to help ensure future compliance with Do-Not-Call registry rules.
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On October 16, 2013, the Federal Communications Commission’s new Telephone Consumer Protection Act rules come into effect. Among other revisions, business will now need to obtain “express written consent” prior to advertising or telemarketing through autodialed calls or texts or prerecorded calls to consumers’ mobile numbers. Violations of the new rules may result in substantial fines and statutory damages.
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