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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB-06-TC-1371      
                                                                         
     ESpeed Mortgage Dot Com, LLC        )   NAL/Acct. No. 200732170066  
                                                                         
     Apparent Liability for Forfeiture   )   FRN: 0016739708             
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  July 23, 2007   Released: July 23, 2007

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that ESpeed Mortgage Dot Com, LLC ("ESpeed") apparently willfully or
       repeatedly violated section 227 of the Communications Act of 1934, as
       amended ("Act"), and the Commission's related rules and orders, by
       delivering at least 3 unsolicited advertisements to the telephone
       facsimile machines of at least 3 consumers. Based on the facts and
       circumstances surrounding these apparent violations, we find that
       ESpeed is apparently liable for a forfeiture in the amount of $13,500.

   II. BACKGROUND

    2. Section 227(b)(1)(C) of the Act makes it "unlawful for any person
       within the United States, or any person outside the United States if
       the recipient is within the United States . . . to use any telephone
       facsimile machine, computer, or other device to send, to a telephone
       facsimile machine, an unsolicited advertisement."  The term
       "unsolicited advertisement" is defined in the 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 in writing or otherwise." Under the Commission's Rules,
       there is an "established business relationship" exception that permits
       a party to deliver a message to a consumer if the sender has an
       established business relationship with the recipient and the sender
       obtained the number of the facsimile machine through the voluntary
       communication by the recipient, directly to the sender, within the
       context of the established business relationship, or through a
       directory, advertisement, or a site on the Internet to which the
       recipient voluntarily agreed to make available its facsimile number
       for public distribution.

    3. On November 15, 2006, in response to one or more consumer complaints
       alleging that ESpeed  had faxed unsolicited advertisements, the
       Commission staff issued a citation to ESpeed, pursuant to section
       503(b)(5) of the Act. The staff cited ESpeed for using a telephone
       facsimile machine, computer, or other device, to send unsolicited
       advertisements for mortgage products and/or services  to a telephone
       facsimile machine, in violation of section 227 of the Act and the
       Commission's related rules and orders. The citation, which the staff
       served by certified mail, return receipt requested, warned ESpeed 
       that subsequent violations could result in the imposition of monetary
       forfeitures of up to $11,000 per violation, and included a copy of the
       consumer complaints that formed the basis of the citation.  The
       citation informed ESpeed that within 30 days of the date of the
       citation, it could either request an interview with Commission staff,
       or could provide a written statement responding to the citation.
       ESpeed did not request an interview or otherwise respond to the
       citation. 

    4. Despite the citation's  warning that subsequent violations could
       result in the imposition of monetary forfeitures, we have received
       additional consumer complaints indicating that ESpeed continued to
       engage in such conduct after receiving the citation.  We base our
       action here specifically on  complaints  filed by  3  consumers
       establishing that ESpeed continued to send  3 unsolicited
       advertisements to telephone facsimile machines after the date of the
       citation.

    5. Section 503(b) of the Act authorizes the Commission to assess a
       forfeiture of up to $11,000 for each violation of the Act or of any
       rule, regulation, or order issued by the Commission under the Act by a
       non-common carrier or other entity not specifically designated in
       section 503 of the Act. In exercising such authority, we are to take
       into account "the nature, circumstances, extent, and gravity of the
       violation and, with respect to the violator, the degree of
       culpability, any history of prior offenses, ability to pay, and such
       other matters as justice may require."

   III. DISCUSSION

   A. Violations of the Commission's Rules Restricting Unsolicited Facsimile
   Advertisements

    6. We find that ESpeed apparently violated section 227 of the Act and the
       Commission's related rules and orders by using a telephone facsimile
       machine, computer, or other device to send at least 3 unsolicited
       advertisements to the 3 consumers identified in the Appendix. This NAL
       is based on evidence that the consumers received unsolicited fax
       advertisements from ESpeed after the Bureau's citation. The facsimile
       transmissions advertise mortgage products and/or services. Further,
       according to the complaints, the consumers  neither had an established
       business relationship with ESpeed  nor gave ESpeed  permission to send
       the facsimile transmissions.  The faxes at issue here therefore fall
       within the definition of an "unsolicited advertisement."  Based on the
       entire record, including the consumer complaints, we conclude that
       ESpeed apparently violated section 227 of the Act and the Commission's
       related rules and orders by sending 3 unsolicited advertisements to 3
       consumers'  facsimile machines.

    B. Proposed Forfeiture

    7. We find that ESpeed is apparently liable for a forfeiture in the
       amount of $13,500. Although the Commission's Forfeiture Policy
       Statement does not establish a base forfeiture amount for violating
       the prohibition against using a telephone facsimile machine to send
       unsolicited advertisements, the Commission has previously considered
       $4,500 per unsolicited fax advertisement to be an appropriate base
       amount. We apply that base amount to each of the 3 apparent
       violations. Thus, a total forfeiture of $13,500 is proposed. ESpeed
       will have the opportunity to submit evidence and arguments in response
       to this NAL to show that no forfeiture should be imposed or that some
       lesser amount should be assessed.

   IV. CONCLUSION AND ORDERING CLAUSES

    8. We have determined that ESpeed Mortgage Dot Com, LLC apparently
       violated section 227 of the Act and the Commission's related rules and
       orders by using a telephone facsimile machine, computer, or other
       device to send at least 3 unsolicited advertisements to the 3
       consumers identified in the Appendix. We have further determined that
       ESpeed Mortgage Dot Com, LLC is apparently liable for a forfeiture in
       the amount of $13,500.

    9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47
       U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80,
       and under the authority delegated by sections 0.111 and 0.311 of the
       Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that ESpeed Mortgage
       Dot Com, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of $13,500 (thirteen thousand five hundred
       dollars) for willful or repeated violations of section 227(b)(1)(C) of
       the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections
       64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3),
       and the related orders described in the paragraphs above.

   10. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
       Commission's rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture, ESpeed Mortgage Dot
       Com, LLC SHALL PAY the full amount of the proposed forfeiture or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

   11. Payment by check or money order, payable to the order of the "Federal
       Communications Commission," may be mailed to Forfeiture Collection
       Section, Finance Branch, Federal Communications Commission, P.O. Box
       358340, Pittsburgh, PA 15251. Payment by overnight mail may be sent to
       Mellon Client Service Center, 500 Ross Street, Room 670, Pittsburgh,
       PA 15262-0001, Attn: FCC Module Supervisor. Payment by wire transfer
       may be made to: ABA Number 043000261, receiving bank Mellon Bank, and
       account number 911-6229. The payment should note NAL/Acct. No.
       200732170066.

   12. The response, if any, must be mailed both to the Office of the
       Secretary, Federal Communications Commission, 445 12th Street, SW,
       Washington, DC 20554, ATTN: Enforcement Bureau - Telecommunications
       Consumers Division, and to Colleen Heitkamp, Chief, Telecommunications
       Consumers Division, Enforcement Bureau, Federal Communications
       Commission, 445 12th Street, SW, Washington, DC 20554, and must
       include the NAL/Acct. No. referenced in the caption.

   13. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices; or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   14. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Chief, Revenue and Receivables Operations Group, 445 12th Street, SW,
       Washington, DC 20554.

   15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail Return Receipt
       Requested to ESpeed Mortgage Dot Com, LLC Attention: Mark J. Korcok,
       at 1600 South Federal Highway, Suite 900, Pompano Beach, Florida
       33062.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                    APPENDIX


     Complainant sent facsimile solicitations   Violation Date(s)  

     Van Wood                                   3/7/2007           

     Roger Wolf                                 2/14/2007          

     Angela Larson                              2/22/2007          


   See 47 U.S.C. S: 503(b)(1). The Commission has the authority under this
   section of the Act to assess a forfeiture against any person who has
   "willfully or repeatedly failed to comply with any of the provisions of
   this Act or of any rule, regulation, or order issued by the Commission
   under this Act ...." See also 47 U.S.C. S: 503(b)(5) (stating that the
   Commission has the authority under this section of the Act to assess a
   forfeiture penalty against any person who is not a common carrier so long
   as such person (A) is first issued a citation of the violation charged;
   (B) is given a reasonable opportunity for a personal interview with an
   official of the Commission, at the field office of the Commission nearest
   to the person's place of residence; and (C) subsequently engages in
   conduct of the type described in the citation).

   According to publicly available information, ESpeed Mortgage Dot Com, LLC
   is also doing business as Net Speed Mortgage Dot Com LLC, and Net Speed
   Mortgage Dot Com, LLC. Therefore, all references in this NAL to ESpeed
   encompass Espeed Mortgage Dot Com, LLC, as well as Net Speed Mortgage Dot
   Com LLC, and Net Speed Mortgage Dot Com, LLC. ESpeed has  offices at 1600
   South Federal Highway, Suite 900, Pompano Beach, Florida 33062. Mark J.
   Korcok is listed as the contact person for ESpeed. Accordingly, all
   references in this NAL to ESpeed  also encompass the foregoing individual
   and all other principals and officers of this entity, as well as the
   corporate entity itself.

   See  47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3);  see also 
   Rules and Regulations Implementing the Telephone Consumer Protection Act
   of 1991, Report and  Order and Third Order on Reconsideration, 21 FCC Rcd
   3787 (2006).

   47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3).

   47 U.S.C. S:227(a)(4); 47 C.F.R. S:64.1200 (f)(13).

   An "established business relationship" is defined as a prior or existing
   relationship formed by a voluntary two-way communication "with or without
   an exchange of consideration, on the basis of an inquiry, application,
   purchase or transaction by the business or residential subscriber
   regarding products or services offered by such person or entity, which
   relationship has not been previously terminated by either party." 47
   C.F.R. S: 64.1200(f)(5).

   See 47 C.F.R. S: 64 (a)(3)(i), (ii).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-06-TC-1371, issued to
   ESpeed Mortgage Dot Com, LLC on November 15, 2006.

   See 47 U.S.C. S: 503(b)(5) (authorizing the Commission to issue citations
   to non-common carriers for violations of the Act or of the Commission's
   rules and orders).

   Commission staff mailed the citation to 1600 South Federal Highway,
   Apartment 900, Pompano Beach, Florida 33062. See n.2, supra.

   See Appendix for a listing of the consumer complaints against ESpeed
   requesting Commission action.

   We note that evidence of additional instances of unlawful conduct by
   ESpeed may form the basis of subsequent enforcement action.

   Section 503(b)(2)(C) provides for forfeitures up to $10,000 for each
   violation in cases not covered by subparagraph (A) or (B), which address
   forfeitures for violations by licensees and common carriers, among others.
   See 47 U.S.C. S: 503(b). In accordance with the inflation adjustment
   requirements contained in the Debt Collection Improvement Act of 1996,
   Pub. L. 104-134, Sec. 31001, 110 Stat. 1321, the Commission implemented an
   increase of the maximum statutory forfeiture under section 503(b)(2)(C) to
   $11,000. See 47 C.F.R. S:1.80(b)(3); Amendment of Section 1.80 of the
   Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
   Inflation, 15 FCC Rcd 18221 (2000); see also Amendment of Section 1.80(b)
   of the Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
   Inflation, 19 FCC Rcd 10945 (2004) (this recent amendment of section
   1.80(b) to reflect inflation left the forfeiture maximum for this type of
   violator at $11,000).

   47 U.S.C. S: 503(b)(2)(D); The Commission's Forfeiture Policy Statement
   and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
   Guidelines, Report and Order, 12 FCC Rcd 17087, 17100-01 para. 27 (1997)
   (Forfeiture Policy Statement), recon. denied, 15 FCC Rcd 303 (1999).

   See, e.g., complaint dated March 13, 2007, from Van Wood (stating that the
   mortgage fax advertisement was not solicited, and that the recipient had
   no established business relationship with the sender). The complainants
   involved in this action are listed in the Appendix below.

   See 47 U.S.C. S: 227(a)(4); 47 C.F.R. S: 64.1200(f)(13) (definition
   previously at S: 64.1200(f)(10)).

   See  Get-Aways, Inc., Notice of Apparent Liability For Forfeiture, 15 FCC
   Rcd 1805 (1999); Get-Aways, Inc., Forfeiture Order, 15 FCC Rcd 4843
   (2000); see also US Notary, Inc., Notice of Apparent Liability for
   Forfeiture, 15 Rcd 16999 (2000); US Notary, Inc., Forfeiture Order, 16 FCC
   Rcd 18398 (2001); Tri-Star Marketing, Inc., Notice of Apparent Liability
   For Forfeiture, 15 FCC Rcd 11295 (2000); Tri-Star Marketing, Inc.,
   Forfeiture Order, 15 FCC Rcd 23198 (2000).

   See  47 U.S.C. S: 503(b)(4)(C); 47 C.F.R. S: 1.80(f)(3).

   47 C.F.R. S: 1.80.

   47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 07-3372

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   Federal Communications Commission DA 07-3372