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                     WASHINGTON, D.C. 20554
                        December 22, 2003


Cactus Cash, Inc.
3030 E. Camelback Road, Suite 150
Phoenix, AZ 85016

     RE:  EB-03-TC-108  

Dear Sir or Madam: 

     This is an official CITATION, issued pursuant to section 
503(b)(5) of the Communications Act of 1934, as amended (the 
Communications Act), 47 U.S.C.  503(b)(5), for violations of the 
Federal Communications Commission's rules that govern telephone 
solicitations and unsolicited advertisements.1  As explained 
below, future violations of the Commission's rules in this regard 
may subject your company to monetary forfeitures.

     By  letter dated  October  6, 2003,  the  Telecommunications 
Consumers  Division   of  the  Commission's   Enforcement  Bureau 
notified you of consumer complaints regarding telemarketing calls 
that your company, or an entity acting on behalf of your company, 
made to  telephone lines that are  contained in the  National Do-
Not-Call  Registry, and  provided you  an  opportunity to  submit 
information to demonstrate the lawfulness  of those calls.2   You 
failed to respond to that letter by  October 20, 2003 as directed 
in the letter.  Accordingly, we issue this citation.

     Section 64.1200(c)(2) of the Commission's rules generally 
prohibits the delivery of telephone solicitations to residential 
telephone numbers that are contained in the National Do-Not-Call 
registry except in certain limited situations.  Under the 
Communications Act and the Commission's rules, a ``telephone 
solicitation'' is ``the initiation of a telephone call or message 
for the purpose of encouraging the purchase or rental of, or 
investment in, property, goods, or services, which is transmitted 
to any person.''3  Calls made by or on behalf of tax-exempt 
nonprofit groups are not considered to be telephone 
solicitations.  Similarly, calls that are made to a person who 
either has provided prior express invitation or permission to 
call4 or has an established business relationship5 with the 
caller are not considered to be telephone solicitations.  
Finally, the rules permit telephone solicitations to a consumer 
whose number is listed on the National Do-Not-Call Registry if 
that consumer has a personal relationship with the individual 
making the calls.6

     Accordingly, under the Commission's rules it is unlawful to 
deliver a telephone solicitation to a residential telephone line 
unless (1) the call is made by or on behalf of a tax-exempt 
nonprofit group; (2) the call is made by a person who has a 
personal relationship with the called party; (3) the called party 
has provided signed, written consent for the call to be made; or 
(4) the called party has made a purchase from, or had a 
transaction with, the caller within the 18 months immediately 
preceding the call or has made an inquiry or application 
regarding the caller's products or services within the three 
months immediately preceding the call, and the called party has 
not specifically asked the caller to stop all telemarketing 

     Entities making telephone solicitations must honor do-not-
call registrations no later than three months after a number is 
placed on the National Do-Not-Call Registry, and for a period of 
no less than five years.  To accomplish this, section 
64.1200(c)(2)(i)(D) requires entities making telephone 
solicitations to use a version of the National Do-Not-Call 
Registry obtained no more than three months before any telephone 
solicitation is made, and to document this process.  An entity 
that does not claim one of the exemptions set forth above is not 
liable for calling a telephone number on the National Do-Not-Call 
Registry only if it is able to demonstrate that it has fully 
complied with the Commission's standards governing use of the 
National Do-Not-Call Registry as set out in section 
64.1200(c)(2)(i)(A)-(E) of the rules, and that the particular 
telephone solicitation call was the result of error.  National 
Do-Not-Call Registry records indicate that your company has never 
obtained the do-not-call registry and, thus, does not qualify for 
this exemption from liability. 

     If, after receipt of this citation, you violate the 
Communications Act or the Commission's rules in any manner 
described herein, the Commission may impose monetary forfeitures 
not to exceed $11,000 for each such violation or each day of a 
continuing violation. 7
     You may respond to this citation within 30 days from the 
date of this letter either through (1) a personal interview at 
the Commission's Field Office nearest to your place of business, 
or (2) a written statement.  Your response should specify the 
actions that you are taking to ensure that you do not violate the 
Commission's rules governing telephone solicitation and 
unsolicited advertisements, as described above.  
The nearest Commission field office appears to be the San Diego 
Office at Interstate Office Park, 4542 Ruffner Street, Room 370, 
San Diego, CA 92111-2216, which you may contact by telephone at 
(858) 496-5111.   You should schedule any interview to take place 
within 30 days of the date of this letter.  You should send any 
written statement within 30 days of the date of this letter to: 

               Kurt A. Schroeder
               Deputy Chief
                                    Telecommunications Consumers 
               Enforcement Bureau
               Federal Communications Commission
               445-12th Street, S.W.
               Rm. 3-C366
               Washington, D.C.  20554 

Reference EB-03-TC-108 when corresponding with the Commission.

     Reasonable accommodations for people with disabilities are 
available upon request.  Include a description of the 
accommodation you will need including as much detail as you can.  
Also include a way we can contact you if we need more 
information.  Please allow at least 5 days advance notice; last 
minute requests will be accepted, but may be impossible to fill.  
Send an e-mail to or call the Consumer & 
Governmental Affairs Bureau:

          For sign language interpreters, CART, and other 
reasonable accommodations: 
     202-418-0530 (voice), 202-418-0432 (tty);

          For accessible format materials (braille, large print, 
electronic files, and audio 
     format): 202-418-0531 (voice), 202-418-7365 (tty). 

     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, including information 
that you disclose in your interview or written statement, to 
determine what, if any, enforcement action is required to ensure 
your compliance with the Communications Act and the Commission's 

     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
                         Deputy Chief, Telecommunications 
                         Consumers Division
                         Enforcement Bureau
                         Federal Communications Commission




1 47 C.F.R.  64.1200.  A copy of these rules is enclosed for 
your convenience.

2 We have attached 14 complaints on which this citation is based.  
The complaints come from Arizona.

3 47 U.S.C.  227(a)(3); 47 C.F.R.  64.1200(f)(9). 

4 Prior express invitation or permission to call a number 
contained on the National Do-Not-Call Registry must be evidenced 
by a signed, written agreement between a consumer and seller.  
The agreement must include both the consumer's consent to be 
called by the particular seller and the telephone number to which 
such calls may be placed.  47 C.F.R.  64.1200(c)(2)(ii).

5 An ``established business relationship'' means ``a prior or 
existing relationship formed by a voluntary two-way communication 
between a person or entity and a residential subscriber with or 
without an exchange of consideration, on the basis of the 
subscriber's purchase or transaction with the entity within the 
eighteen (18) months immediately preceding the date of the 
telephone call or on the basis of the subscriber's inquiry or 
application regarding products or services offered by the entity 
within the three months immediately preceding the date of the 
call, which relationship has not been previously terminated by 
either party.''  47 C.F.R.  64.1200(f)(3).   The established 
business relationship exception does not apply when a telephone 
subscriber has made a company-specific do-not-call request.  A 
company-specific do-not-call request terminates an established 
business relationship for telemarketing purposes even if the 
requester continues to do business with the company.  47 C.F.R. 
 64.1200(f)(3)(i); see also Rules and Regulations Implementing 
the Telephone Consumer Protection Act of 1991, Report and Order, 
7 FCC Rcd 8752, 8766 n.47, 8770 n.63 (1992); see also H.R. Rep. 
102-317, 1st Sess., 102nd Cong. at 15 (1991); Charvat v. Dispatch 
Consumer Services, Inc., 95 Ohio St. 3d 505, 769 N.E.2d 829 

6 47 C.F.R.  64.1200(c)(2)(iii).  A ``personal relationship'' 
exists if the recipient of the call is a ``family member, friend, 
or acquaintance of the telemarketer making the call.''  47 C.F.R. 

7 See 47 C.F.R.  1.80(b)(3).