Transportation Network Companies and Identify Fraud Drivers

Understanding Massachusetts General Laws Chapter 159A½, Section 7(b): Identity Misrepresentation and Unauthorized Use by TNC Drivers

With the rapid growth of app-based rideshare services like Uber and Lyft, states across the U.S. have responded with updated regulations to ensure passenger safety and industry accountability. In Massachusetts, this response has taken shape through the implementation of Massachusetts General Laws Chapter 159A½, which governs Transportation Network Companies (TNCs). One particularly significant component of this legislation is Section 7(b), a provision aimed squarely at preventing fraud and misrepresentation among TNC drivers.

What Does Section 7(b) Cover?

M.G.L. Chapter 159A½, Section 7(b) imposes penalties on TNC drivers who:

• Permit Unauthorized Use: Knowingly or willfully allow another person to use their TNC driver certificate or identity to provide rides under their name.
• Misrepresent Identity: Use another person’s driver certificate or mislead riders about their identity through the TNC’s digital platform.

This section is designed to uphold the integrity of the rideshare industry, protecting consumers from potentially unsafe or fraudulent drivers who have not been properly vetted.

Why Is This Important?

The identity of a TNC driver is critical to rider safety. Every licensed TNC driver in Massachusetts must pass background checks, meet vehicle safety requirements, and comply with state and company standards. When someone bypasses this process by posing as someone else, it poses serious risks to passengers and undermines the trust that the entire system is built upon.

Misrepresentation can occur in several ways:

• A driver might lend their account to a friend or family member who hasn’t been screened.
• A non-authorized person might impersonate a driver using someone else’s credentials.
• A driver may present a misleading identity through the app, causing confusion or worse.

Each of these actions not only violates the law but also exposes riders to unvetted individuals, undermining the safety and accountability of the platform.

Penalties Under Section 7(b)

The law outlines a tiered penalty structure for violations of this section:

• First Offense: A fine of up to $500.
• Second Offense: A fine of up to $750.
• Third or Subsequent Offense: A fine of up to $1,000 or imprisonment in the house of correction for up to six months.

These escalating penalties reflect the seriousness with which the Commonwealth treats these violations. While a first offense results in a civil fine, repeat offenses can lead to criminal consequences.

Enforcement and Oversight

Enforcement of Chapter 159A½ falls under the jurisdiction of the Massachusetts Department of Public Utilities (DPU), which licenses and regulates TNCs across the state. The DPU can investigate violations, impose penalties, and even suspend or revoke a driver’s operating privileges. The agency also has the authority to issue cease and desist orders to prevent continued violations.

Best Practices for TNC Drivers

To remain compliant with Massachusetts law, drivers should:

• Never allow others to use their driver account.
• Immediately report any attempts to misuse or impersonate their identity.
• Ensure their TNC platform profile (including photo and vehicle info) is up to date.

What Riders Can Do

Passengers also play a role in promoting safety. Before entering a vehicle, riders should:

• Verify the license plate, driver photo, and vehicle make/model with the app.
• Report any discrepancies or suspicious behavior to the TNC and, if necessary, local authorities.

Massachusetts Rideshare Identity Fraud Attorney

Attorney Patrick J. Murphy has significant experience representing Rideshare drivers in Massachusetts court and through the Department of Public Utilities Rideshare appeal hearing process.  As rideshare services become an increasingly integral part of daily transportation, legal safeguards like M.G.L. Chapter 159A½, Section 7(b) are crucial for maintaining public trust and safety. By penalizing identity misrepresentation and unauthorized use of driver accounts, Massachusetts ensures that only qualified, vetted individuals are transporting passengers. For TNC drivers, understanding and adhering to these laws is essential not only to avoid legal trouble but also to maintain the integrity of the service they provide.  Attorney Murphy can help you avoid a criminal complaint or handle an appeal from the denial of a background check clearance certificate.

If you have received a summons or citation for Rideshare Identity Fraud or a Notice of Unsuitability from the DPU/TNC Division, contact Attorney Murphy right away for a free consultation and possible representation.