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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
September 30, 2003
Midwest America Financial Corporation Midwest America
Financial Corporation
a.k.a. Midwest America Financial Group a.k.a. Midwest
America Financial Group
a.k.a. Midwest America Corporation a.k.a. Midwest
America Corporation
6157 N. Broadway Avenue, Suite 3 1035 Kilarney Road
Chicago, Illinois 60660 Chesterton, Indiana
46304
Attention: Dave Rossman, President Attention:Dave
Rossman, President
Mark Duckmann, Vice Pres./Secy. Mark
Duckmann, Vice Pres./Secy.
George Opyt, Account Executive George
Opyt, Account Executive
Midwest America Financial Corporation Michael C. Roberts
a.k.a. Midwest America Financial Group 325 W. Huron
a.k.a. Midwest America Corporation Suite 410
780 Meadowland Drive Chicago, Illinois 606101
Naples, Florida 34102
Attention: Dave Rossman, President
Mark Duckmann, Vice Pres./Secy.
George Opyt, Account Executive
CorpDirect Agents, Inc.
103 N. Meridian Street
Lower Level
Tallahassee, Florida 323012
RE: EB-03-TC-091
Dear Correspondents:
This is an official CITATION issued pursuant to section
503(b)(5) of the Communications Act of 1934, as amended (the
Communications Act), 47 U.S.C. § 503(b)(5).
It has come to our attention that your company recently sent
one or more unsolicited advertisements to telephone facsimile
machines (see attachment).3 Pursuant to the Telephone Consumer
Protection Act of 1991 (TCPA) and the Commission's rules, it is
unlawful to use a ``telephone facsimile machine, computer, or
other device to send an unsolicited advertisement to a telephone
facsimile machine.'' 47 U.S.C. § 227(b)(1)(C); 47 C.F.R. §
64.1200(a)(3).
Please be advised that subsequent violations of the
Communications Act or of the Commission's rules may result in the
imposition of monetary forfeitures not to exceed $11,000 for each
such violation or each day of a continuing violation. See 47
C.F.R. § 1.80(b)(3).
The phrase ``unsolicited advertisement'' is defined in the
TCPA 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.'' 47 U.S.C. § 227(a)(4);
47 C.F.R. § 64.1200(f)(5). Both the TCPA and the Commission's
rules define ``telephone facsimile machine'' as ``equipment which
has the capacity
to transcribe text or images, or both, from paper into an
electronic signal and to transmit that signal over a regular
telephone line, or to transcribe text or images (or both) from an
electronic signal received over a regular telephone line onto
paper.'' 47 U.S.C. § 227(a)(2); 47 C.F.R. § 64.1200(f)(2).
Addressing the TCPA's definition of ``telephone facsimile
machine,'' the Commission stated that ``[f]ax modem boards are
the functional equivalent of stand-alone facsimile machines.''
Rules and Regulations Implementing the Telephone Consumer
Protection Act of 1991, 10 FCC Rcd 12391, 12405, para. 29 (1995).
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 Chicago Office at Park Ridge Office Center, Room
306, 1550 Northwest Highway, Park Ridge, Illinois 60068-1460 or
the Tampa Office at 2203 North Lois Avenue, Room 1215, Tampa,
Florida 33607-2356. You can contact the Chicago Office or Tampa
Office by telephone at (847) 813-4660 or (813) 348-1741,
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. Please reference EB-03-TC-091
when corresponding with the Commission.
If you request a meeting, reasonable accommodations for
people with disabilities are available upon request. Include a
description of the accommodation you will need including as much
detail as you can. Also include a way we can contact you if we
need more information. Please allow at least 5 days advance
notice; last minute requests will be accepted, but may be
impossible to fill. Send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau:
For sign language interpreters, CART, and other reasonable
accommodations: 202-418-0530 (voice), 202-418-0432 (tty);
For accessible format materials (braille, large print,
electronic files, and audio format): 202-418-0531 (voice),
202-418-7365 (tty).
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 TCPA 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 Michael C. Roberts is a registered agent for
Midwest America Financial Corporation.
2 The Telecommunications Consumers Division has obtained
information that CorpDirect Agents, Inc. is also a registered
agent for Midwest America Financial Corporation.
3 In addition to the advertisement(s) referenced by and attached
to this citation, the complaining party may also have included
with the complaint one or more facsimile advertisements
transmitted by other senders. This citation concerns only the
facsimile advertisement(s) referenced by and attached to the
citation, and your response only needs to address such
advertisement(s).