Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                               
                                                        
                        )                               
                                                        
                        )                               
                                                        
                        )   File No. EB-06-TC-104       
     In the Matter of                                   
                        )   NAL/Acct. No. 200732170060  
     Infasource.com                                     
                        )   FRN: 0016654063             
                                                        
                        )                               
                                                        
                        )                               
                                                        
                        )                               


                                FORFEITURE ORDER

   Adopted: April 18, 2008 Released: April 22, 2008

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

   1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
   the amount of $22,500 against Infasource.com ("Infasource") for willful or
   repeated violations of section 227 of the Communications Act of 1934, as
   amended, ("Act") and the Commission's related rules and orders, by
   delivering at least five unsolicited advertisements to the telephone
   facsimile machines of at least four consumers.

   II. BACKGROUND

   2. The facts and circumstances surrounding this case are set forth in the
   Commission's Notice of Apparent Liability for Forfeiture and need not be
   reiterated at length.

   3. 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.

   4. On May 12, 2006, in response to one or more consumer complaints
   alleging that Infasource had faxed unsolicited advertisements, the
   Enforcement Bureau ("Bureau") issued a citation to Infasource, pursuant to
   section 503(b)(5) of the Act. The Bureau cited Infasource for using a
   telephone facsimile machine, computer, or other device, to send
   unsolicited advertisements, 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 Infasource 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 Infasource 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. Infasource did not request an
   interview or otherwise respond to the citation.

   5. Following the issuance of the citation, the Commission received at
   least five complaints from consumers alleging that Infasource faxed at
   least five unsolicited advertisements to them. These violations, which
   occurred after the Bureau's citation, resulted in the issuance of a Notice
   of Apparent Liability for Forfeiture against Infasource on June 28, 2007
   in the amount of $22,500.00. The NAL ordered Infasource to either pay the
   proposed forfeiture amount within thirty (30) days or submit evidence or
   arguments in response to the NAL to show that no forfeiture should be
   imposed or that some lesser amount should be assessed. Infasource did not
   respond to the NAL or pay the proposed forfeiture amount.

   III. DISCUSSION

   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."

   7. 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 five apparent violations. Infasource did not respond to the
   NAL or pay the proposed forfeiture amount. Infasource has failed to
   identify facts or circumstances to persuade us that there is a basis for
   modifying the proposed forfeiture, and we are not aware of any further
   mitigating circumstances sufficient to warrant a reduction of the
   forfeiture penalty. For these reasons, and based on the information before
   us, we hereby impose a total forfeiture of $22,500 for Company's willful
   or repeated violation of section 227 of the Act and the Commission's
   related rules and orders, as set forth in the NAL.

   IV. ORDERING CLAUSES

   8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the
   Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section
   1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under
   authority delegated by sections 0.111, 0.311 of the Commission's rules, 47
   C.F.R. S:S: 0.111, 0.311, that Infasource.com IS LIABLE FOR A MONETARY
   FORFEITURE to the United States Government the sum of $22,500 for
   willfully and repeatedly violating section 227(b)(1)(c) of the
   Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of
   the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
   as described in the paragraphs above.

   9.  Payment of the forfeiture shall be made in the manner provided for in
   section 1.80 of the Commission's rules within thirty (30) days of the
   release of this Order. If the forfeiture is not paid within the period
   specified, the case may be referred to the Department of Justice for
   collection pursuant to section 504(a) of the Act. 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). 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. 

   10. IT IS FURTHER ORDERED that a copy of the Forfeiture Order  shall be
   sent by first class mail and certified mail return receipt requested to
   Infasource.com, Attention: Keith Hyatt, President, 2171 Campus Drive,
   Suite 250, Irvine, California 92612-1430, and 2030 Main Street, Suite
   1030, Irvine, California 92614-7254.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

   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).

   Infasource.com,  Notice of Apparent Liability for Forfeiture, 22 FCC Rcd.
   11596 (Enf. Bur. 2007).

   47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3).

   See 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-06-TC-104 issued to
   Infasource.com on May 12, 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 Infasource.com, 2171 Campus Drive,
   Suite 250, Irvine, California 92612 and to 959 Coast Drive, Costa Mesa,
   California 92626.

   See n.2 supra; see also 47 U.S.C. S: 503(b)(1).

   Section 503(b)(2)(C) provides for forfeitures of 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 most recent amendment of section
   1.80(b) maintained the forfeiture maximum for this type of violator at
   $11,000).

   See 47 U.S.C. S: 503(b)(2)(D); see also 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  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).

   47 U.S.C. S: 504(a).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 08-911

                                       2

   Federal Communications Commission DA 08-911