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FCC NEWS

FEDERAL COMMUNICATIONS COMMISSION
445 12th STREET S.W.
WASHINGTON, D.C. 20554

News media information 202/418-0500
TTY 202/418-2555
Fax-On-Demand 202/418-2830
Internet http://www.fcc.gov
ftp://ftp.fcc.gov

This is an unofficial announcement of Commission Action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 516 F 2d 385 (D.C. Circ 1974)

FOR IMMEDIATE RELEASE
November 2, 2000
NEWS MEDIA CONTACT:
John Winston (202) 418-7450



FCC IMPOSES $230,000 FORFEITURE AGAINST CAROLINA LIQUIDATORS FOR VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT

Washington, D.C. - The Federal Communications Commission (FCC) has assessed a $230,000 forfeiture against Carolina Liquidators, Inc. (Carolina Liquidators) for sending unsolicited advertisements to telephone facsimile machines in violation of the Telephone Consumer Protection Act (TCPA) and the Commission's related rules. The forfeiture addresses 34 separate occasions on which Carolina Liquidators sent unsolicited fax advertisements to consumers.

The Commission determined that Carolina Liquidators sent the 34 advertisements to consumers after Commission staff had warned the company in writing that its previous unsolicited fax advertisements violated federal law and that subsequent unsolicited faxes could result in monetary forfeitures. On July 25, 2000, the Commission adopted a Notice of Apparent Liability (NAL) against Carolina Liquidators, finding the company apparently liable for a $4,500 forfeiture for each of 20 of the violations, and a $10,000 forfeiture for each of 14 violations in which the consumer had expressly requested that Carolina Liquidators discontinue the unsolicited fax advertisements. Carolina Liquidators neither paid the forfeiture nor responded to the NAL within the required 30-day period. Based on the record before it, the Commission has assessed Carolina Liquidators the full amount of the proposed forfeiture.

Action by the Commission October 31, 2000 by Forfeiture Order (FCC 00-393). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell, and Tristani.

File No. EB-00-TC-010

Enforcement Bureau contacts: John Winston (202) 418-7450 or Yanic Hardie (202) 418-7440