Click here for Adobe Acrobat version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C.  20554

                                   June 18, 2002




Ameriquest Mortgage Company             Ameriquest Mortgage Company     
1100 Town and Country Road              2525 Bay Area Boulevard
Suite 1100                              Suite 540                 
Orange, California   92868                   Houston, Texas  77058   
Attention:     Kirk Langs, Chairman-CEO      Attention:     Kirk 
Langs, Chairman-CEO
          Joy Schaefer, President and COO              Joy Schaefer, 
President and COO
          John Grazer, CFO                        John Grazer, CFO
          George Ginsberg, Secretary                   George 
     Ginsberg, Secretary
          James Brazil                            Sherry Shelby 

National Registered Agents, Inc.1
2030 Main Street
Suite 1030
Irvine, California   92614

          RE:  EB-02-TC-122

Dear Correspondents:

     This is an official CITATION issued pursuant to section 
503(b)(5) of the Communications Act of 1934, as amended (the Act), 
for violations of the Act and the Federal Communications Commission's 
rules that govern telephone solicitation.2

     It has come to our attention that your company has delivered one 
or more prerecorded unsolicited advertisements to residential 
telephone lines (see attachment).  The Act and the Commission's Rules 
prohibit transmission of unsolicited advertisements through 
prerecorded messages to residential telephone lines except under the 
very limited circumstances described in the 


Rules.3   The term ``unsolicited advertisement''  is defined in the 
Communications Act and the Commission's rules as ``any material 
advertising the commercial availability or quality of any property, 
goods, or services which is transmitted to any person without that 
person's prior express invitation or permission.''4    The attached 
information provided to the Commission indicates that your company 
delivered such unsolicited advertisements, through prerecorded 
messages, to one or more residential telephone subscribers who do not 
have an established business relationship with your company and had 
not expressly invited or authorized the call(s).  Those actions 
violate section 64.1200(a)(2) of the Commission's rules.

     Separately, it appears that your company may have violated other 
Commission rules governing prerecorded messages and telephone 
solicitation.  Under section 64.1200(e)(2)(iv), any telephone 
solicitation - whether live or prerecorded - must provide the called 
party with the name of the individual caller, the name of the person 
or entity on whose behalf the call is being made, and an address or 
telephone number (which may not be for an autodialer or prerecorded 
message player) at which the person or entity may be contacted.5   
According to the attached information received by
the Commission, it appears that your telephone solicitation did not 
contain all the required information.

     Please be advised that subsequent violations of the 
Communications Act or of the Commission's rules of the type described 
herein  may result in the imposition of monetary forfeitures not to 
exceed $11,000 for each such violation or each day of a continuing 
violation. 6

     Pursuant to section 503(b)(5) of the Communications Act, you may 
request a personal interview at the Commission's Field Office nearest 
to your place of business.  The nearest office appears to be either 
the Los Angeles Office at 18000 Studebaker Road, Suite 660, Los 
Angeles, California 90703 or the Dallas Office at 9330 LBJ Freeway, 
Suite 1170, Dallas, Texas 75243.  
You can contact the Los Angeles Office or the Dallas Office by 
telephone at (562) 860-7474 or (214) 575-6361, respectively.  You 
must schedule this interview to take place within 21 days of the date 
of this citation.  Alternatively, you may submit a written statement 
to the following address within 21 days of the date of this citation:

               Kurt A. Schroeder
               Deputy Chief
               Telecommunications Consumers Division
               Enforcement Bureau
               Federal Communications Commission
               445-12th Street, S.W.
               Washington, D.C. 20554 

If you choose to submit a written statement, your written statement 
should specify what actions have been taken to correct the 
violation(s) outlined above.  You should also include a copy of your 
company's written do-not-call policy as required by section 
64.1200(e)(2)(i) of the Commission's rules.  Please reference EB-02-
TC-122 when corresponding with the Commission.

     Under the Privacy Act of 1974, 5 U.S.C.  552(a)(e)(3), we are 
informing you that the Commission's staff will use all relevant 
material information before it to determine what, if any, enforcement 
action is required to ensure your compliance with the Act and the 
Commission's rules.  This will include any information that you 
disclose in your interview or written statement.  Please be advised 
that if you choose not to respond to this citation and a forfeiture 
is issued, your unresponsiveness will be considered in our assessment 
of a forfeiture amount.

     You should also be aware that 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.  1001.

     Thank you in advance for your anticipated cooperation.

                         Sincerely, 



                         Kurt A. Schroeder
                         Deputy Chief 
                         Telecommunications Consumers Division
                         Enforcement Bureau
                         Federal Communications Commission

Enclosures

_________________________

1   The Telecommunications Consumers Division has obtained 
information that National Registered Agents, Inc.  is listed as 
Ameriquest Mortgage Company's agent for service of  process.

2   47 U.S.C  227; 47 C.F.R.  64.1200.

3   The Commission's rules make it unlawful to ``initiate any 
telephone call using an artificial or prerecorded voice to deliver a 
message without the prior express consent of the called party unless 
the call is initiated for emergency purposes or ... is not made for a 
commercial purpose, is made for a commercial purpose but does not 
include the transmission of any unsolicited advertisement, [is made] 
to any person with whom the caller has an established business 
relationship at the time the call is made, or [is made by or on 
behalf of] a tax-exempt nonprofit organization.  47 C.F.R.  
64.1200(a)(2), (c); see also 47 U.S.C.  227(b)(1)(B) (prohibiting 
all prerecorded calls to residential lines ``unless the call is 
initiated for emergency purposes or is exempted by rule or order by 
the Commission....'').

4   47 U.S.C.  227(a)(4); 47 C.F.R. 64.1200(f)(5).

5   47 C.F.R.  64.1200(e)(2)(iv).  In addition, the Act and the 
Commission's rules impose separate identification requirements for 
prerecorded messages.  Under section 227(d)(3)(A) of the Act, all 
prerecorded messages ``shall, at the beginning of the message, state 
clearly the identity of the business, individual, or other entity 
initiating the call, and ... shall, during or after the message, 
state clearly the telephone number or address of such business, other 
entity, or individual.''  47 U.S.C.  227(d)(3)(A) (emphasis added); 
see also 47 C.F.R.  65.1200(d)(e)(2)(iv) (imposing identification 
requirements for prerecorded messages delivered by automatic 
telephone dialing systems).

6   See 47 C.F.R.  1.80(b)(3).