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July 20, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Marketing Your Way, Inc.
Attn: Jaime Holland
Howard Holland
6420 Richmond AVE, STE 490
Houston, TX 77057
RE: File No. EB-07-TC-3599
Dear Messrs. Holland:
This is an official CITATION, issued pursuant to section 503(b)(5) of the
Communications Act of 1934, as amended (the Act), 47 U.S.C. S: 503(b)(5),
for violations of the Act and the Federal Communications Commission's
rules that govern prerecorded messages and automatic telephone dialing
systems. As explained below, you may appeal this citation. In addition,
future violations of the Act or Commission's rules in this regard may
subject you and your company to monetary forfeitures.
Attached are consumer complaints regarding prerecorded messages delivered
by your company, acting under your direction. These complaints indicate
that you and your company have violated section 227(d)(3)(B) of the Act
and section 68.318(c) of the Commission's rules by delivering prerecorded
messages that failed to disconnect promptly when the called party hung up.
See 47 U.S.C. S: 227(d)(3)(B); 47 C.F.R. S: 68.318(c).
Under Section 227(d)(3)(B) of the Act and section 68.318(c) of the
Commission's rules, automatic telephone dialing systems that deliver
recorded messages must release the called party's telephone line within
five seconds of the time that notification is transmitted to the system
that the called party has hung up.
Separately, it appears that you and your company have also violated other
Commission rules that govern all prerecorded messages. Under section
64.1200(b), prerecorded messages must, at the beginning of the message,
state clearly the identity of the business (the name under which the
business is registered to conduct business with the State Corporation
Commission or comparable regulatory authority), individual, or other
entity that is responsible for initiating the call. In addition, the
telephone number or address of such business, or individual, or other
entity must be provided either during or after the prerecorded message.
According to the attached information received by the Commission, it
appears that your telephone solicitation(s) did not contain all of the
required information.
If, after receipt of this citation, you or your company violate the
Communications Act or the Commission's rules in any manner described
herein, the Commission may impose monetary forfeitures not to exceed
$11,000 for each such violation or each day of a continuing violation.
You may respond to this citation within 30 days from the date of this
letter either through (1) a personal interview at the Commission's Field
Office nearest to your place of business, or (2) a written statement. You
may use this response to appeal this citation. For example, you may claim
that you can document that you delivered your message without use of an
automatic telephone dialing system. In addition, your response should
specify the actions that you are taking to ensure that you do not violate
the Commission's rules governing prerecorded messages, as described above.
You may schedule a personal interview at the nearest Commission field
office. These offices are located in: Atlanta, GA; Boston, MA; Chicago,
IL; Columbia, MD; Dallas, TX; Denver, CO; Detroit, MI; Kansas City, MO;
Los Angeles, CA; New Orleans, LA; New York, NY; Philadelphia, PA; San
Diego, CA; San Francisco, CA; Seattle, WA; and Tampa, FL. Please call Al
McCloud at 202-418-2499 if you wish to schedule a personal interview. You
should schedule any interview to take place within 30 days of the date of
this letter. You should send any written statement within 30 days of the
date of this letter to:
Kurt A. Schroeder
Deputy Chief
Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission
445-12th Street, S.W.
Rm. 4-C222
Washington, D.C. 20554
Reference EB-07-TC-2848 when corresponding with the Commission.
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. S: 552(a)(e)(3), we are informing
you that the Commission's staff will use all relevant material information
before it, including information that you disclose in your interview or
written statement, to determine what, if any, enforcement action is
required to ensure your compliance with the Communications Act and the
Commission's rules.
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.
S: 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kurt A. Schroeder
Deputy Chief, Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission
Enclosures
47 U.S.C. S: 227; 47 C.F.R. S: 64.1200; 47 C.F.R. S: 68.318(c). A copy of
these provisions is enclosed for your convenience. Section 227 was added
to the Communications Act by the Telephone Consumer Protection Act of 1991
and is most commonly known as the TCPA. The TCPA and the Commission's
parallel rules restrict a variety of practices that are associated with
telephone solicitation and use of the telephone network to deliver
unsolicited advertisements, including prerecorded messages to residential
telephone lines. We refer in this citation to the Commission's rules as
they existed at the time of the violations in this matter. Revised rules
in this area took effect on August 1, 2006.
Any telephone number so provided may not be for (1) an autodialer or
prerecorded message player that placed the call, (2) a 900 number, or (3)
any other number for which charges exceed local or long distance
transmission charges. In addition, any such telephone number provided in
connection with a prerecorded sales messages to a residential telephone
subscriber must permit any individual to make a do-not-call request during
regular business hours for the duration of the telemarketing campaign.
See 47 C.F.R. S: 1.80(b)(3).
Federal Communications Commission
2
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Federal Communications Commission
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554