On September 11, the Federal Communications Commission (FCC) issued a citation to a national bank for violations of the Telephone Consumer Protection Act (TCPA) and FCC rules and regulations. According to the citation, the bank allegedly requires its online banking and Apple Pay customers to consent to receiving autodialed telemarketing text messages in order to use its services, and allegedly denied customers access to account security information if they refused or withdrew consent to receive telemarketing text messages. The FCC also alleged that the bank provides no option for consumers to refuse consent to receive these marketing texts. The FCC’s citation places the bank on notice of its violation, and advises that if the bank continues to engage in unlawful telemarketing activities, it may be subject to civil penalties including monetary forfeitures up to $16,000 per violation and up to $112,500 for any single act or failure to act.
Blog Enforcement Watch September 16, 2015