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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB- 06-TC-398      
                                                                         
     Trinity Marketing                   )   NAL/Acct. No. 200732170073  
                                                                         
     Apparent Liability for Forfeiture   )   FRN: 0016773525             
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  August 28, 2007   Released: September 10, 2007

   By the Commission:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Trinity Marketing 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
       seven unsolicited advertisements to the telephone facsimile machines
       of at least six consumers. Based on the facts and circumstances
       surrounding these apparent violations, we find that Trinity Marketing
       is apparently liable for a forfeiture in the amount of $31,500.

   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, an
       "established business relationship" exception 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 September 11, 2006, in response to one or more consumer complaints
       alleging that Trinity Marketing  had faxed unsolicited advertisements,
       the Commission staff issued a citation to Trinity Marketing, pursuant
       to section 503(b)(5) of the Act. The staff cited Trinity Marketing 
       for using a telephone facsimile machine, computer, or other device, to
       send unsolicited advertisements for residential mortgage loan
       refinancing  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  Trinity Marketing  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 Trinity Marketing
       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. Trinity Marketing  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 Trinity Marketing 
       continued to engage in such conduct after receiving the citation.  We
       base our action here specifically on complaints filed by  six 
       consumers establishing that Trinity Marketing  continued to send 
       seven 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 Trinity Marketing 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 seven
       unsolicited advertisements to the six consumers identified in the
       Appendix. This NAL is based on evidence that six consumers received
       unsolicited fax advertisements from Trinity Marketing after the
       Bureau's citation. The facsimile transmissions advertise residential
       mortgage loan refinancing. Further, according to the complaints, the
       consumers  neither had an established business relationship with
       Trinity Marketing  nor gave Trinity Marketing  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
       Trinity Marketing apparently violated section 227 of the Act and the
       Commission's related rules and orders by sending seven  unsolicited
       advertisements to six consumers' facsimile machines.

    B. Proposed Forfeiture

    7. We find that Trinity Marketing is apparently liable for a forfeiture
       in the amount of $31,500. 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 seven of the apparent
       violations. Thus, a total forfeiture of $31,500 is proposed. Trinity
       Marketing 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 Trinity Marketing 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 seven unsolicited advertisements to the six consumers identified
       in the Appendix. We have further determined that Trinity Marketing is
       apparently liable for a forfeiture in the amount of $31,500.

    9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, and
       section 1.80 of the Rules, 47 C.F.R. S: 1.80, 47 U.S.C. S: 503(b),
       that Trinity Marketing is hereby NOTIFIED of this APPARENT LIABILITY
       FOR A FORFEITURE in the amount of $31,500 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, Trinity Marketing
       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.
       200732170073.

   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 Trinity Marketing, Attention: Ronald Bassie, 77564
       Country Club Drive, Palm Desert, California 92211.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                    APPENDIX


     Complainant sent facsimile solicitations   Violation Date(s)   

     Lorraine B. Williams                       10/11/06            

     Howard Gordon                              10/11/06; 10/18/06  

     Eckart Rahn                                10/26/06            

     Brian Petro                                10/26/06            

     Leonard Gaudreau                           11/01/06            

     Robert Plumb                               11/20/06            




   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 does not hold a license, permit,
   certificate or other authorization issued by the Commission or an
   applicant for any of those listed instrumentalities 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).

   Trinity Marketing has offices at 77564 Country Club Drive, Palm Desert,
   California 92211. Ronald Bessie, is listed as the contact person for
   Trinity Marketing. Accordingly, all references in this NAL to "Trinity
   Marketing" 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 U.S.C. S: 227(b)(1)(c); 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-398, issued to
   Trinity Marketing on September 11, 2006.

   See 47 U.S.C. S: 503(b)(5) (authorizing the Commission to issue citations
   to persons who do not hold a license, permit, certificate or other
   authorization issued by the Commission or an applicant for any of those
   listed instrumentalities for violations of the Act or of the Commission's
   rules and orders).

   Commission staff mailed the citation to 77564 Country Club Drive, Palm
   Desert, California 92211. See n.2, supra.

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

   We note that evidence of additional instances of unlawful conduct by
   Trinity Marketing 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 December 8, 2006, from Leonard Gaudreaud
   (stating that "I have carefully reviewed these faxes and have forwarded to
   you only these faxes that are unsolicited. I have not at any time
   requested to receive any information from any of the senders or
   businesses. I do not have a business or personal relationship with any of
   the senders or businesses."). 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)

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   Federal Communications Commission FCC 07-155

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   Federal Communications Commission FCC 07-155