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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
March 5, 2002
American Marketing Associates, Inc. American
Marketing Associates, Inc.
122 Dock Street, #3 9600 Middleridge
Annapolis, Maryland 21401 Brandywine,
Attention: J. A. Polnac Attention: James
Vandergriff Chevrolet Joann Risley 1
1200 West Interstate 20 Apt. 14C Des
Arlington, TX 76010 6324 Baker
Attention: Victor Vandergriff, President Fort
Worth, Texas 76118
This is an official CITATION issued pursuant to section
503(b)(5) of the Communications Act of 1934, as amended (the
Act), for violations of the Act and the Federal Communications
Commission's rules that govern telephone solicitation.2
It has come to our attention that your company has delivered
a prerecorded unsolicited advertisement to a residential
telephone line (see enclosures). The Act and the Commission's
Rules prohibit transmission of unsolicited advertisements through
prerecorded messages to residential telephone lines except under
the very limited circumstances described in the Rules. 3 The
term ``unsolicited advertisement'' is defined in the
Communications Act and the Commission's rules as ``any material
advertising the commercial availability or quality of any
property, goods, or services which is transmitted to any person
without that person's prior express invitation or permission.''4
The attached information provided to the Commission indicates
that your company delivered such an unsolicited advertisement,
through a prerecorded message, to a residential telephone
subscriber who does not have an established business relationship
with your company and had not expressly invited or authorized the
call. That action violates section 64.1200(a)(2) of the
Separately, it appears that your company may have violated
other Commission rules governing prerecorded messages and
telephone solicitation. Under section 64.1200(e)(2)(iv), any
telephone solicitation - whether live or prerecorded - must
provide the called party with the name of the individual caller,
the name of the person or entity on whose behalf the call is
being made, and an address or telephone number (which may not be
for an autodialer or prerecorded message player) at which the
person or entity may be contacted.5 According to the attached
information received by the Commission, it appears that your
telephone solicitation did not contain all the required
Please be advised that subsequent violations of the
Communications Act or of the Commission's rules of the type
described herein may result in the imposition of monetary
forfeitures not to exceed $11,000 for each such violation or each
day of a continuing violation.6
Pursuant to section 503(b)(5) of the Communications Act, you
may request a personal interview at the Commission's Headquarters
or a Field Office near your place of business. The nearest
office appears to be either the FCC headquarters location at 445
- 12th Street, S.W., Washington, D.C. 20554 , the Columbia Office
at 9200 Farm House Lane, Columbia, Maryland 21046 or the Dallas
Office at 9330 LBJ Freeway, Suite 1170, Dallas, Texas 75243.
You can contact the FCC headquarters location, the Columbia
Office or the Dallas Office by telephone at (202) 418-7320, (301)
725-1996, and (214) 575-6361, respectively. You must schedule
this interview to take place within 21 days of the date of this
citation. Alternatively, you may submit a written statement to
the following address within 21 days of the date of this
Kurt A. Schroeder, Deputy Chief
Telecommunications Consumers Division
Federal Communications Commission
445-12th Street, S.W.
Washington, D.C. 20554
If you choose to submit a written statement, your written
statement should specify what actions have been taken to correct
the violation(s) outlined above. You should also include a copy
of your company's written do-not-call policy as required by
section 64.1200(e)(2)(i) of the Commission's rules. Please
reference EB-02-TC-005 when corresponding with the Commission.
Under the Privacy Act of 1974, 5 U.S.C. § 552(a)(e)(3), we
are informing you that the Commission's staff will use all
relevant material information before it to determine what, if
any, enforcement action is required to ensure your compliance
with the Act and the Commission's rules. This will include any
information that you disclose in your interview or written
statement. Please be advised that if you choose not to respond
to this citation and a forfeiture is issued, your
unresponsiveness will be considered in our assessment of a
You should also be aware that the knowing and willful making
of any false statement, or the concealment of any material fact,
in reply to this citation is punishable by fine or imprisonment
under 18 U.S.C. § 1001.
Thank you in advance for your anticipated cooperation.
Kurt A. Schroeder
Telecommunications Consumers Division
Federal Communications Commission
1 The Telecommunications Consumers Division has obtained
information that Ms. Risley is the subscriber for (817) 284-7817,
the telephone number that appeared on the complainant's caller ID
at the time that the call, in question, was placed.
2 47 U.S.C § 227; 47 C.F.R. § 64.1200.
The Commission's rules make it unlawful to ``initiate any
telephone call using an artificial or prerecorded voice to
deliver a message without the prior express consent of the called
party unless the call is initiated for emergency purposes or ...
is not made for a commercial purpose, is made for a commercial
purpose but does not include the transmission of any unsolicited
advertisement, [is made] to any person with whom the caller has
an established business relationship at the time the call is
made, or [is made by or on behalf of] a tax-exempt nonprofit
organization. 47 C.F.R. § 64.1200(a)(2), (c); see also 47 U.S.C.
§ 227(b)(1)(B) (prohibiting all prerecorded calls to residential
lines ``unless the call is initiated for emergency purposes or is
exempted by rule or order by the Commission....'').
4 47 U.S.C. 227(a)(4); 47 C.F.R. 64.1200(f)(5).
5 47 C.F.R. § 64.1200(e)(2)(iv). In addition, the Act and the
Commission's rules impose separate identification requirements
for prerecorded messages. Under section 227(d)(3)(A) of the Act,
all prerecorded messages ``shall, at the beginning of the
message, state clearly the identity of the business, individual,
or other entity initiating the call, and ... shall, during or
after the message, state clearly the telephone number or address
of such business, other entity, or individual.'' 47 U.S.C. §
227(d)(3)(A) (emphasis added); see also 47 C.F.R. §
65.1200(d)(e)(2)(iv) (imposing identification requirements for
prerecorded messages delivered by automatic telephone dialing
6 See 47 C.F.R. § 1.80(b)(3).