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   September 2, 2009



   Jeter & Krupp

   Attn: Jim Krupp

   4301 Glenwood Road, 2nd floor

   Brooklyn, NY 11310

   RE: EB-09-TC-435

   Dear Mr. Jim Krupp:

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

   It has come to our attention that you or your company, acting under your
   direction, apparently sent one or more calls or faxes in violation of
   Section 227(b) of the Communications Act and the Commission's related
   rules, as described in the attached complaint(s). Specifically, one or
   more complaints have been filed against your company showing that your
   company, acting under your direction, committed the violation(s) checked
   below. Once you have identified the violation(s), proceed to the
   associated section(s) of the citation to obtain the legal requirements
   related to each violation and then read the section titled, "Responding to
   the Citation" if you wish to respond. While your company has not been
   accused of any of the other unchecked violations listed below, you might
   find it useful to familiarize yourself with the other sections so that you
   or your company will be better informed of the Commission's
   Telecommunications Consumer Protection Act ("TCPA") rules.


   Unsolicited Fax Advertisement (See Section I(A) - page 1)

   Incomplete Fax Header (See Section I(B) - page 2)

   Insufficient Opt-Out Notice (See Section I(C) - page 2)

   Opt-Out Request Not Honored (See Section I(D) - page 3)


   Prerecorded or Autodialed Call to a Cell Phone, Emergency Line or Health
   Care Facility (See Section II(A) - page 4)

   Prerecorded Call to a Residential Line (See Section II(B) - page 5)

   Prerecorded Line Seizure (See Section II(C) - page 6)

   Prerecorded Identification Not Provided (See Section II(D) - page 7)


   National Do-Not-Call (See Section III(A) - page 7)

   Company-Specific Do-Not-Call (See Section III(B) - page 8)

   TIME OF DAY VIOLATION (See Section IV - page 9)

   If, after receipt of this citation, you or your company violates the
   Communications Act or the Commission's rules in any manner described
   herein, the Commission may impose monetary forfeitures not to exceed
   $16,000 for each such violation or each day of a continuing violation.


   You may respond to this citation within 30 days from the date of this
   letter either through (1) a written statement, (2) a teleconference
   interview with the Commission's Telecommunications Consumers Division in
   Washington, DC or (3) a personal interview at the closest Commission Field
   Office. Your response should specify the actions that you are taking to
   ensure that you do not violate the Commission's rules governing TCPA
   violations, as described above.

   If you would like to submit a written statement, including any supporting
   documentation, send the response within 30 days of the date of this letter
   to the address below. If you would like to arrange a teleconference
   interview, please contact Al McCloud at (202) 418-2499. You should
   schedule any interview to take place within 30 days of the date of this

   Joshua Zeldis

   Assistant Division Chief

   Telecommunications Consumers Division

   Enforcement Bureau

   Federal Communications Commission

   445-12th Street, S.W., Rm. 4-A122

   Washington, D.C. 20554

   Reference EB-09-TC-435 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

   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. S: 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 rules.

   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. S: 1001.

   Thank you in advance for your anticipated cooperation.


   Joshua P. Zeldis

   Assistant Division Chief

   Telecommunications Consumers Division

   Enforcement Bureau

   Federal Communications Commission


   47 U.S.C. S: 227; 47 C.F.R. S: 64.1200. A copy of these provisions is
   enclosed for your convenience. Section 227 was added to the Communications
   Act by the Telephone Consumer Protection Act of 1991 and is most commonly
   known as the TCPA. The TCPA and the Commission's parallel rules restrict a
   variety of practices that are associated with telephone solicitation and
   use of the telephone network to deliver unsolicited advertisements or
   prerecorded and autodialed telephone calls.. 47 U.S.C. S: 64.1200(a)(3);
   Rules and Regulations Implementing the Telephone Consumer Protection Act
   of 1991 - Junk Fax Protection Act of 2005, Report and Order and Third
   Order on Reconsideration, 21 FCC Rcd 3787 (2006) (2006 TCPA Report and

   We have attached 6 complaints at issue in this citation. The complaints
   address alleged TCPA violation(s)that contain the telephone number
   866-663-8339, which you or your business utilized during the time period
   at issue.

   Federal Communications Commission



   Federal Communications Commission


                            WASHINGTON, D.C.  20554