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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB-07-TC-364       
                                                                         
     Y Pay More                          )   NAL/Acct. No. 200832170006  
                                                                         
     Apparent Liability for Forfeiture   )   FRN: 0017274101             
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: June 30, 2008 Released: July 1, 2008

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Y Pay More 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 two unsolicited
       advertisements to the telephone facsimile machine of two consumers.
       Based on the facts and circumstances surrounding these apparent
       violations, we find that Y Pay More is apparently liable for a
       forfeiture in the amount of $9,000.

   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 March 7, 2007, in response to one or more consumer complaints
       alleging that Y Pay More had faxed unsolicited advertisements, the
       Enforcement Bureau ("Bureau") issued a citation to Y Pay More,
       pursuant to section 503(b)(5) of the Act. The Bureau cited Y Pay More
       for using a telephone facsimile machine, computer, or other device, to
       send unsolicited advertisements for alternative manufacturing to a
       telephone facsimile machine, in violation of section 227 of the Act
       and the Commission's related rules and orders. The citation, which was
       served by certified mail, return receipt requested, warned Y Pay More
       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 Y Pay More 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. Y Pay
       More 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 Y Pay More  continued to engage in
       such conduct after issuance of the citation. We base our action here
       specifically on complaints filed by consumers establishing that Y Pay
       More continued to send two 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 Y Pay More 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 two unsolicited
       advertisements to the consumers identified in the Appendix. This NAL
       is based on evidence that consumers received unsolicited fax
       advertisements from Y Pay More after the Bureau's citation. The
       facsimile transmissions advertise alternative manufacturing. Further,
       according to the complaint, the consumer neither had an established
       business relationship with Y Pay More nor gave Y Pay More permission
       to send the facsimile transmission. 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 Y Pay More apparently violated section 227 of the Act and the
       Commission's related rules and orders by sending unsolicited
       advertisements to consumers' facsimile machines.

    B. Proposed Forfeiture

    7. We find that Y Pay More is apparently liable for a forfeiture in the
       amount of $9,000. 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 two apparent
       violations. Thus, a total forfeiture of $9,000 is proposed. Y Pay More
       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 Y Pay More 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 one unsolicited advertisement to the consumer identified in the
       Appendix. We have further determined that Y Pay More is apparently
       liable for a forfeiture in the amount of $9,000.

    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 Y Pay More is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of $9,000 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, Y Pay More 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 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). Y Pay
   More 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.

   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. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
   for Forfeiture shall be sent by Certified Mail Return Receipt Requested
   and First Class Mail to Y Pay More, Attention: Roger Abraham,
   President/Owner, 1928 Balboa Street, San Francisco, California 94121; 1804
   Anastasia Drive, Brentwood, California 94513; and 1541 Solitude Way,
   Brentwood, California 94513. 

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                    APPENDIX

                        Complainants and Violation Dates


     Complainants received facsimile advertisements   Violation Date(s)  

     Germann, Sherry                                  7/5/07             

     Wood, Van                                        7/11/07            


   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, Y Pay More has offices at
   1928 Balboa Street, San Francisco, California 94121; 1804 Anastasia Drive,
   Brentwood, California 94513; and 1541 Solitude Way, Brentwood, California
   94513. Roger Abraham, President/Owner, is listed as the contact person for
   Y Pay More. Accordingly, all references in this NAL to Y Pay More 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: 64.1200(a)(3)(i), (ii).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-07-TC-364, issued to Y
   Pay More on March 7, 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 the following address: Y Pay More,
   Attention: Roger Abraham, 1928 Balboa Street, San Francisco, California
   94121. See n.2, supra.

   Following the issuance of the citation, the Commission continued to
   receive complaints from multiple consumers alleging that Y Pay More faxed
   unsolicited advertisements to them. These complaints, received after the
   Commission's citation, resulted in the issuance of a Notice of Apparent
   Liability for Forfeiture against Y Pay More on December 28, 2007 in the
   amount of $23,500.00. Y Pay More Notice of Apparent Liability for
   Forfeiture, DA 07-5105 (December 28, 2007).

   See Appendix, listing the consumer complaint against Y Pay More requesting
   Commission action.

   We note that evidence of additional instances of unlawful conduct by Y Pay
   More 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 July 5, 2007, from Sherry Germann (stating that
   she has never done any business with the fax advertiser, never made an
   inquiry or application to the fax advertiser, never given permission for
   the company to send the fax, and requested that the fax advertiser not fax
   advertisements to her). The complainant involved in this action is listed
   in the Appendix.

   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.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 08-1565

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   Federal Communications Commission DA 08-1565