FOR IMMEDIATE RELEASE October 23, 2000

NEWS MEDIA CONTACT: John Winston (202) 418-7450

Washington, D.C. - The Federal Communications Commission (FCC) has assessed a $47,000 forfeiture against Tri-Star Marketing, Inc. (Tri-Star) 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 eight separate occasions on which Tri-Star sent unsolicited fax advertisements to consumers.

The Commission determined that Tri-Star sent the eight 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 June 22, 2000, the Commission adopted a Notice of Apparent Liability (NAL) against Tri-Star, finding the company apparently liable for a $4,500 forfeiture for each of six of the violations, and a $10,000 forfeiture for each of two violations in which the consumer had previously asked Tri-Star to discontinue the unsolicited fax advertisements. Tri-Star neither paid the forfeiture nor responded to the NAL within the required 30-day period. Based on the record before it, the Commission assessed Tri-Star the full amount of the proposed forfeiture.

Action by the Commission October 17, 2000 by Forfeiture Order (FCC 00-377). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell, and Tristani.

File No. EB-00-TC-009

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