Click here for Microsoft Word Version
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
December 7, 2000
NEWS MEDIA CONTACT:
John Winston (202) 418-7450



FCC PROPOSES $1,107,500 FINE AGAINST 21st CENTURY FAX(ES)
FOR VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT

Washington, D.C. - Today, the Federal Communications Commission (Commission), announced it has proposed a $1,107,500 fine against 21st Century Fax(es) Ltd. (21st Century). The Commission cited the company for apparently violating the Telephone Consumer Protection Act (TCPA) and the Commission's implementing rules by faxing unsolicited advertisements to consumers. 21st Century has 30 days to either pay the fine or show why it should be reduced or rescinded.

The proposed fine addresses 21st Century's continued practice of faxing unsolicited advertisements, even though the Commission staff had previously issued a citation to the company in March 2000. That citation warned 21st Century that its practice of sending unsolicited fax advertisements violates the law, and notified the company that any subsequent unsolicited faxes could result in monetary penalties.

In today's action (termed a Notice of Apparent Liability (NAL), the Commission determined that 21st Century apparently violated the TCPA and the Commission's rules on 152 separate occasions by sending unsolicited fax advertisements to consumers after the company received the citation. The Commission concluded that 21st Century is apparently liable for $4,500 for each of 75 of the faxes. The Commission further concluded that 21st Century is apparently liable for $10,000 for each of another 77 instances in which it sent faxes to consumers who had expressly requested that 21st Century refrain from sending unsolicited advertisements to them.

Action by the Commission December 4, 2000 by Notice of Apparent Liability for Forfeiture (FCC 00-425). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell, and Tristani.

File No. EB-00-TC-174

Enforcement Bureau contacts: John Winston at (202) 418-7450, and Yanic Hardie at (202) 418-7440.