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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                              
                                                                        
                                         )                              
                                                                        
                                         )                              
                                                                        
     In the Matter of                    )   File No. EB-06-TC-2228     
                                                                        
     Amerilist, Inc.                     )   NAL/Acct No. 200832170060  
                                                                        
     Apparent Liability for Forfeiture   )   FRN: 0017577867            
                                                                        
                                         )                              
                                                                        
                                         )                              
                                                                        
                                         )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: July 21, 2008 Released: July 22, 2008

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

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

   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 November 30, 2006, in response to one or more consumer complaints
       alleging that Amerilist had faxed unsolicited advertisements, the
       Enforcement Bureau ("Bureau") issued a citation to Amerilist, pursuant
       to section 503(b)(5) of the Act. The Bureau cited Amerilist for using
       a telephone facsimile machine, computer, or other device, to send
       unsolicited advertisements for customer lists to a telephone facsimile
       machine, in violation of section 227 of the Act and the Commission's
       related rules and orders. The citation warned Amerilist 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 Amerilist that within thirty (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. Amerilist 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 Amerilist continued to engage in
       such conduct after issuance of the citation. We base our action here
       specifically on four complaints filed by four consumers establishing
       that Amerilist continued to send four 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 Amerilist 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 four
       unsolicited advertisements to the consumers identified in the
       Appendix. This NAL is based on evidence that the consumers received
       unsolicited fax advertisements from Amerilist after the Commission's
       citation. The facsimile transmissions advertised customer lists.
       Further, according to the complaints, the consumers neither had an
       established business relationship with Amerilist nor gave Amerilist
       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 Amerilist apparently violated section 227
       of the Act and the Commission's related rules and orders by sending
       four unsolicited advertisements to four consumers' facsimile machines.

    B. Proposed Forfeiture

    7. We find that Amerilist 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 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 the four apparent violations.
       Thus, a total forfeiture of $18,000 is proposed. Amerilist 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 Amerilist, Inc. 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 four unsolicited advertisements to the four consumers identified
       in the Appendix. We have further determined that Amerilist, Inc. is
       apparently liable for a forfeiture in the amount of $18,000.

    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 Amerilist, 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)(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, Amerilist, Inc.
       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).
   Amerilist, Inc. 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 Amerilist, Inc., Attention: Ravi Buckredan, 978
   Route 45, Pomona, NY 10970 and 62 Richard Court, Pomona, NY 10970.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                    APPENDIX

                        Complainants and Violation Dates


     Complainant received facsimile solicitations   Violation Date(s)  

     Richard Bornoff                                9/4/07             

     James Dallas                                   10/3/07            

     Michelle Lewis                                 8/15/07            

     Joseph Zelik                                   10/12/07           


   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).

   Amerilist has offices at 978 Route 45, Pomona, NY 10970 and 62 Richard
   Court, Pomona, NY 10970. Ravi Buckredan is listed as the President of
   Amerilist. Accordingly, all references in this NAL to "Amerilist" 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-2228, issued to
   Amerilist on November 30, 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).

   Bureau staff mailed the citation to the following addresses: Amerilist,
   Inc., 978 Route 45, Pomona, NY 10970 and 749 North Broad Street, Suite
   101, Elizabeth, NJ 07208. See n.2, supra.

   Following the issuance of the citation, the Commission received a
   complaint from a consumer alleging that Amerilist faxed an unsolicited
   advertisement to them. This violation, occurring after the Commission's
   citation, resulted in the issuance of a Notice of Apparent Liability for
   Forfeiture against Amerilist on March 25, 2008, in the amount of $4,500.
   Amerilist, Inc., Notice of Apparent Liability for Forfeiture, DA 08-669
   (Enf. Bur. March 25, 2008).  Ravi Buckredan, President of Amerilist,
   responded to the NAL on April 16, 2008. Letter from Ravi Buckredan to
   Office of the Secretary, FCC, received April 21, 2008.

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

   We note that evidence of additional instances of unlawful conduct by
   Amerilist 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) (amendment of section 1.80(b) to
   reflect inflation left the forfeiture maximum for this type of violator at
   $11,000); Amendment of Section 1.80(b) of the Commission's Rules,
   Adjustment of Forfeiture Maxima to Reflect Inflation, FCC 08-154, rel.
   June 13, 2008 (when effective, forfeiture maximum for this type of
   violator increased to $16,000).

   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 August 15, 2007, from Michelle Lewis (stating
   that she has never done business with the fax advertiser, never made an
   inquiry or application to the fax advertiser and never given permission
   for the fax advertiser to fax an advertisement to her). 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) (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 08-1708

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   Federal Communications Commission DA 08-1708