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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
November 5, 2002
American Health and Life Insurance American Health and
Life Insurance
d.b.a. American Life and Health Insurance d.b.a. American
Life and Health Insurance
3901 West Arkansas Lane P.O. Box 201818
Suite 100 Arlington, Texas 76006
Arlington, Texas 76016 Attn: Edward Offiong Ette,
Owner
Attn: Edward Offiong Ette, Owner
Elizabeth Betty Young
Elizabeth Betty Young
Edward Offiong Ette Edward Offiong Ette
5602 Glacier Lake Drive American Health and Life
Insurance
Arlington, Texas 76013 d.b.a. American Life and
Health Insurance
2102 Scenic Bay Drive
Arlington, Texas 76013
Jeffrey Michael Dryden 1
3402 Preston, Apt. 1111
Pasadena, Texas 77505
RE: EB-02-TC-257
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
the Dallas Office at 9330 LBJ Freeway, Room 1170, Dallas, Texas
75243. You can contact the Dallas Office by telephone at (214) 575-
6361. 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-257 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 Jeff Dryden is the subscriber for a telephone
number that appears to be one of American Health and Life
Insurance's operating telephone numbers.
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. § 64.1200(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).