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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
August 1, 2000
NEWS MEDIA CONTACT:
John Winston (202) 418-7450



FCC PROPOSES FORFEITURE AGAINST US NOTARY FOR VIOLATING THE TCPA REGARDING UNSOLICITED FAXES

Washington, D.C. - Today, the Federal Communications Commission (FCC), announced it has proposed a $90,000 forfeiture against US Notary, Inc. (US Notary). The FCC cited the company for apparently violating the Telephone Consumer Protection Act (TCPA) and the Commission's implementing rules by faxing unsolicited advertisements to consumers. US Notary has 30 days either to pay the forfeiture or show why it should be reduced or not imposed.

The proposed forfeiture addresses US Notary's practice of repeatedly faxing unsolicited advertisements, even though the Commission staff had previously issued a citation to the company in July 1999. That citation warned US Notary 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. The Commission staff also met with US Notary's owner and reiterated that sending unsolicited advertisements to fax machines is unlawful.

In today's Notice of Apparent Liability (NAL), the Commission determined that US Notary apparently violated the TCPA and the FCC's rules on 20 separate occasions by sending unsolicited fax advertisements to consumers after the July 1999 citation was issued. The Commission therefore concluded that US Notary is apparently liable for $4,500 each for 20 of the violations.

The Commission continues to take aggressive action to enforce the TCPA and the Commission's related rules. Today's action follows closely a proposed forfeiture against Carolina Liquidators in the amount of $230,000. The Commission has also recently imposed a forfeiture in the amount of $85,500 against Get-Aways, Inc. and has proposed a forfeiture in the amount of $47,000 against Tri-Star Marketing, Inc. The Commission staff has also issued citations to a number of other entities that have faxed unsolicited advertisements to consumers. Additionally, the Commission staff continues to work closely with state governments to assist with their enforcement efforts.

Consumers and vendors who have questions about their rights and responsibilities under the TCPA and the Commission's rules should contact the Consumer Information Bureau at 1-888-CALL-FCC or 1-888-TELL-FCC (TTY), or visit the Commission's web site at www.fcc.gov.

Action by the Commission July 27, 2000 by Notice of Apparent Liability for Forfeiture (FCC 00-275). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell, and Tristani.

File No. EB-00-TC-011

-- FCC --

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