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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
July 23, 2002
Centerpointe Real Estate, Inc. Centerpointe Real
Estate, Inc.
d.b.a. Centerpointe Real Estate Escrow Division d.b.a. Centerpointe
Real Estate Escrow Division
d.b.a. Centerpointe Real Estate d.b.a. Centerpointe Real
Estate
11936 East Imperial Highway, Suite E 11716 Rosecrans Avenue
Norwalk, California 90650-3000 Norwalk, California
90650-3926
Attention: John Jerome Villaescusa, President Attention: John
Jerome Villaescusa, President
Sarena Ann Villaescusa, Reg. Agent
John Anthony Rodríguez, Salesperson
RE: EB-02-TC-137
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.1
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.2 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.''3 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.4
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. 5
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
the Los Angeles Office at 18000 Studebaker Road, Suite 660, Cerritos,
California 90703-2692. You can contact the Los Angeles Office by
telephone at (562) 865-0598. 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-137 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 47 U.S.C § 227; 47 C.F.R. § 64.1200.
2 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....'').
3 47 U.S.C. 227(a)(4); 47 C.F.R. 64.1200(f)(5).
4 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. § 64.1200(d)(e)(2)(iv) (imposing identification
requirements for prerecorded messages delivered by automatic
telephone dialing systems).
5 See 47 C.F.R. § 1.80(b)(3).