FCC Clips Lyft's Wings

Businesses need to be aware that the Federal Communications Commission ("FCC") will monitor and test the "Unsubscribe" feature used with their promotional and marketing communications even without evidence of consumer harm. Recently, the FCC issued a citation to Lyft, Inc. ("Lyft") for promotional communications having an "Unsubscribe" feature that did not work like the website Terms of Service said it should.

Lyft provides a transportation matchmaking service to consumers in various metropolitan areas throughout the United States. Consumers who wish to purchase rides from Lyft drivers do so by accessing the Lyft website and creating an account via the Internet, or by downloading the Lyft mobile application onto a smartphone device and following the prompts to sign up for the service. Before entering their names, email addresses and phone numbers in the signup screen, consumers are required to check a box stating "I agree with the Terms of Service." The signup page