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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               
                                             File No. EB- 07-TC-640      
     In the matter of                    )                               
                                             File No. EB- 07-TC-3638     
     So Clean Inc.                       )                               
                                             NAL/Acct. No. 200832170050  
     Apparent Liability for Forfeiture   )                               
                                             FRN: 0017839390             
                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: June 6, 2008 Released: June 6, 2008

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that So Clean Inc. ("So Clean")  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 four unsolicited, prerecorded advertising messages to at
       least four consumers. Based on the facts and circumstances surrounding
       these apparent violations, we find that So Clean is apparently liable
       for a forfeiture in the amount of $18,000.

   II. BACKGROUND

    2. Section 227(b)(1)(B) prohibits any person from initiating "any
       telephone call to any residential telephone line using any 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 exempted by rule or order by the Commission."
       Section 64.1200(a)(2) of the Commission's rules provides exemptions to
       the prohibition for calls: 1) made for emergency purposes; 2) not made
       for a commercial purpose; 3) made for a commercial purpose but "not
       including or introducing an unsolicited advertisement or constituting
       a telephone solicitation";  4) to any person "with whom the caller has
       an established business relationship at the time the call is made"; or
       5) "made by or on behalf of a tax-exempt nonprofit organization."

    3. On March 6, 2007, in response to one consumer complaint alleging that
       So Clean had delivered an unsolicited, prerecorded advertising
       message, the Commission staff issued a citation  to So Clean, pursuant
       to section 503(b)(5) of the Act.  The staff cited So Clean for
       delivering one or more unsolicited, prerecorded advertising messages
       to a residential telephone line for carpet cleaning, 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 So Clean 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 complaint that formed the basis of
       the citation. The citation informed So Clean 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. So Clean replied to the citation by letter, stating that
       the complainant's phone number "must have been entered into our system
       by mistake" and that it "has been completely removed and will not be
       called again."

    4. Further, on July 2, 2007, in response to one additional consumer
       complaint alleging that So Clean had delivered an unsolicited,
       prerecorded advertising message, the Commission staff issued a further
       citation to So Clean, pursuant to section 503(b)(5) of the Act.  The
       staff cited So Clean for delivering one or more unsolicited,
       prerecorded advertising messages to a residential telephone line for
       an unstated business, 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 So Clean
       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 complaint that formed the basis of the citation.  The
       citation informed So Clean 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. So
       Clean replied to the citation by letter, stating that "it seems the
       same error has occurred for" the second complainant and that "we can
       assure you that he will not be called again."

    5. Despite the two citations' warnings that subsequent violations could
       result in the imposition of monetary forfeitures, we have received
       four additional consumer complaints indicating that So Clean continued
       to engage in such conduct after receiving the first citation.  We base
       our action here specifically on four complaints filed by four
       consumers establishing that So Clean continued to deliver four
       unsolicited, prerecorded advertising messages to four consumers after
       the date of the first citation.

    6. 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. disscussion

          A. Violations of the Commission's Rules Restricting Unsolicited
             Prerecorded Messages

    7. We find that So Clean apparently violated section 227 of the Act and
       the Commission's related rules and orders by delivering at least four
       unsolicited, prerecorded advertising messages to the four consumers
       identified in the Appendix. This NAL is based on evidence that four
       consumers received unsolicited prerecorded messages from So Clean
       after the Commission staff's citation. The prerecorded messages
       advertise cleaning services. Further, we find that the unsolicited,
       prerecorded messages at issue here were not made for any emergency or
       non-commercial purposes, and were not on behalf of a tax-exempt,
       nonprofit organization, but were commercial in nature and included
       unsolicited advertisements or constituted telephone solicitations. In
       addition, according to the complaints, the consumers neither had an
       established business relationship with So Clean nor gave So Clean
       permission to deliver the unsolicited, prerecorded messages. The
       prerecorded messages at issue here therefore fall within the
       definition of an "unsolicited advertisement."  Based on the entire
       record, including the consumer complaints, we conclude that So Clean
       apparently violated section 227 of the Act and the Commission's
       related rules and orders by delivering four unsolicited, prerecorded
       advertising messages to four consumers.

     A. Proposed Forfeiture

    8. We find that So Clean is apparently liable for a forfeiture in the
       amount of $18,000. Although the Commission's Forfeiture Policy
       Statement does not establish a base forfeiture amount for violating
       the prohibition on delivering unsolicited, prerecorded advertising
       messages to a residential telephone line, the Commission's Enforcement
       Bureau has found these violations to be similar in nature to 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 four apparent
       unsolicited, prerecorded advertising message violations. Thus, a total
       forfeiture of $18,000 is proposed. So Clean 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

    9. We have determined that So Clean Inc. apparently violated section 227
       of the Act and the Commission's related rules and orders by delivering
       at least four unsolicited, prerecorded advertising messages to the
       four consumers identified in the Appendix. We have further determined
       that So Clean Inc. is apparently liable for a forfeiture in the amount
       of $18,000.

   10. 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 So Clean Inc. is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of $18,000 for willful or repeated violations of section
       227(b)(1)(B) of the Communications Act, 47 U.S.C. S: 227(b)(1)(B),
       sections 64.1200(a)(2) of the Commission's rules, 47 C.F.R. S:
       64.1200(a)(2), and the related orders described in the paragraphs
       above.

   11. 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, So Clean Inc. SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   12. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). SOS Marketing will also send
       electronic notification on the date said payment is made to
       Johnny.drake@fcc.gov. Requests for full payment under an installment
       plan should be sent to:  Chief Financial Officer -- Financial
       Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 
       20554.   Please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures.

   13. 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.

   14. 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.

   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 So Clean Inc., Attention: Tracy Kupke and Luke Will,
       42400 Mound Road, Sterling Heights, MI 48314-3149 and 43428 Goldberg
       Drive, Sterling Heights, MI 48313-1865.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                    APPENDIX

                        Complainants and Violation Dates


     Complainant received unsolicited prerecorded         Violation Date(s)  
     messages                                                                

     Tom Speight                                          June 14, 2007      

     Charles Larkin                                       June 27, 2007      

     Jessica Draper                                       June 28, 2007      

     Greg Driskell                                        June 23, 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 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).

   According to publicly available information, So Clean has offices at 42400
   Mound Road, Sterling Heights, MI 48314-3149 and 43428 Goldberg Drive,
   Sterling Heights, MI 48313-1865. Tracy Kupke and Luke Will, are listed as
   the contact persons for So Clean. Accordingly, all references in this NAL
   to "So Clean" also encompass the foregoing individuals 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)(B); 47 C.F.R. S: 64.1200(a)(2).

   47 U.S.C. S: 227(b)(1)(B); 47 C.F.R. S: 64.1200(a)(2).

   An "unsolicited advertisement" is defined 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." 47 U.S.C. S: 227(a)(4);
   47 C.F.R. S: 64.1200(f)(13).

   A "telephone solicitation" is defined as "the initiation of a telephone
   call or message for the purpose of encouraging the purchase or rental of,
   or investment in, property, goods, or services, which is transmitted to
   any person, but such term does not include a call or message (A) to any
   person with that person's prior express invitation or permission, (B) to
   any person with whom the caller has an established business relationship,
   or (C) by a tax- exempt nonprofit organization. " 47 U.S.C. S: 227(a)(3);
   47 C.F.R. S: 64.1200(f)(12). We have previously found that "prerecorded
   messages containing free offers and information about goods and services
   that are commercially available are prohibited to residential telephone
   subscribers, if not otherwise exempt." TCPA Revisions Report and Order, 18
   FCC Rcd 14097-98 (2003).

   An "established business relationship" is defined as "a prior or existing
   relationship formed by a voluntary two-way communication between a person
   or entity and a residential subscriber with or without an exchange of
   consideration, on the basis of the subscriber's purchase or transaction
   with the entity within the eighteen (18) months immediately preceding the
   date of the telephone call or on the basis of the subscriber's inquiry or
   application regarding products or services offered by the entity within
   the three months immediately preceding the date of the call, which
   relationship has not been previously terminated by either party." 47
   C.F.R. S: 64.1200(f)(4).

   47 U.S.C. S: 227(b)(1)(B); 47 C.F.R. S: 64.1200(a)(2).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-07-TC-640 issued to So
   Clean on March 6, 2007.

   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 So Clean Inc., 42400 Mound Road,
   Sterling Heights, MI 48314-3149 and So Clean, Inc., 43428 Goldberg Drive,
   Sterling Heights, MI 48313-1865. See n. 2, supra.

   Letter from Tracey, So Clean to Kurt A. Schroeder, Deputy Chief,
   Telecommunications Consumers Division, Enforcement Bureau, dated March 30,
   2007.

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-07-TC-3638, issued to
   So Clean on July 2, 2007. The citation also inadvertently included the
   complaint in the March 30, 2007 citation to So Clean.

   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 So Clean, Inc., Attn: Tracy Kupke
   and Luke Will, 42400 Mound Road, Sterling Heights, MI 48314-3149 and 43428
   Goldberg Drive, Sterling Heights, MI 48313-1865. See n. 2, supra.

   Letter from Tracey, So Clean to Kurt A. Schroeder, Deputy Chief,
   Telecommunications Consumers Division, Enforcement Bureau, dated August 1,
   2007.

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

   We note that evidence of additional instances of unlawful conduct by So
   Clean 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 June 15, 2007, from Tom Speight (stating that
   he had never done any business with the company, never made an inquiry or
   application to the company, and never gave permission for the company to
   make the call). The complainants involved in this action are listed in the
   Appendix.

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

   See Warrior Custom Golf, Inc., Notice of Apparent Liability for
   Forfeiture, 19 FCC Rcd 23648, 23652 (Enf. Bur. 2004) (" Warrior Custom
   Golf") (first NAL to address pre-recorded advertising messages); see also
   Septic Safety, Inc., Apparent Liability for Forfeiture, 21 FCC Rcd 6868 
   (Enf. Bur. 2006); 1 Home Lending Corporation, d/b/a Capital Line
   Financial, LLC., Notice of Apparent Liability for Forfeiture, 21 FCC Rcd
   11852  (Enf. Bur. 2006).

   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.

   (...continued from previous page)

                                                              (continued....)

                                 Federal Communications Commission DA 08-1354

                                       6

                                 Federal Communications Commission DA 08-1354