On September 11, 2015, the FCC’s Enforcement Bureau issued citations to two companies for alleged violations of the TCPA and the Commission’s implementing rules.  In one of the citations, the Bureau claimed that First National Bank (FNB) violated the TCPA through its Online Banking Services Agreement and its Apple Pay Terms & Conditions, both of which “require[d] consumers to consent to receive marketing texts in order to use” the services.  Additionally, FNB allegedly failed to include a “clear and conspicuous disclosure informing the consumer of his or her right to refuse to give such consent” as required by FCC rules.  The second citation was against Lyft, Inc., a transportation matchmaking service.  The Bureau alleged that Lyft’s Terms of Service Agreement violated the Commission’s rules because although the Agreement contained language that “purport[ed] to recognize the consumer’s right to refuse consent to receive promotional messages as a condition to receiving service,” Bureau staff discovered during its investigation of the company that “exercising the option to decline marketing messages made it impossible to use Lyft’s services.”  Both companies had thirty days to respond to the citations or risk incurring additional sanctions, including monetary penalties.