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February 1, 2008
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Sara Kirinsky
Freedom Funding Mortgage Corp
100 Midway Road
Cranston, RI 02920-5742
RE: File No. EB-07-TC-13636
Dear Ms. Kirinsky:
This is an official CITATION, issued pursuant to section 503(b)(5) of the
Communications Act of 1934, as amended (the Act), 47 U.S.C. S: 503(b)(5),
for violations of the Act and the Federal Communications Commission's
rules that govern telephone solicitations and unsolicited advertisements.
As explained below, you may appeal this citation. In addition, future
violations of the Act or Commission's rules in this regard may subject you
and your company to monetary forfeitures.
Attached is a consumer complaint regarding a prerecorded message that your
company, acting under your direction, has delivered to a telephone line.
This complaint indicates that you and your company have violated section
227(d)(3)(A) of the Act and section 64.1200(b) of the Commission's rules.
See 47 U.S.C. S: 227(d)(3)(A); 47 C.F.R. S: 64.1200(b).
Under section 64.1200(b), prerecorded messages must, at the beginning of
the message, state clearly the identity of the business (the name under
which the business is registered to conduct business with the State
Corporation Commission or comparable regulatory authority), individual, or
other entity that is responsible for initiating the call. In addition, the
telephone number or address of such business, or individual, or other
entity must be provided either during or after the prerecorded message.
According to the attached information received by the Commission, your
company, acting under your direction, delivered a pre-recorded message
that did not contain all of the required information.
If, after receipt of this citation, you or your company violate the
Communications Act or the Commission's rules in any manner described
herein, the Commission may impose monetary forfeitures not to exceed
$11,000 for each such violation or each day of a continuing violation.
You may respond to this citation within 30 days from the date of this
letter either through (1) a personal interview at the Commission's Field
Office nearest to your place of business, or (2) a written statement. You
may use this response to appeal this citation. For example, you may claim
that you can document that the required identification information was
actually provided during the call in question. In addition, your response
should specify the actions that you are taking to ensure that you do not
violate the Commission's rules governing prerecorded messages, as
described above.
You may schedule a personal interview at the nearest Commission field
office. These offices are located in: Atlanta, GA; Boston, MA; Chicago,
IL; Columbia, MD; Dallas, TX; Denver, CO; Detroit, MI; Kansas City, MO;
Los Angeles, CA; New Orleans, LA; New York, NY; Philadelphia, PA; San
Diego, CA; San Francisco, CA; Seattle, WA; and Tampa, FL. Please call Al
McCloud at 202-418-2499 if you wish to schedule a personal interview. You
should schedule any interview to take place within 30 days of the date of
this letter. You should send any written statement within 30 days of the
date of this letter to:
Kurt A. Schroeder
Deputy Chief
Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission
445-12th Street, S.W.
Rm. 4-C222
Washington, D.C. 20554
Reference EB-07-TC-13636 when corresponding with the Commission.
Reasonable accommodations for people with disabilities are available upon
request. Include a description of the accommodation you will need
including as much detail as you can. Also include a way we can contact you
if we need more information. Please allow at least 5 days advance notice;
last minute requests will be accepted, but may be impossible to fill. Send
an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs
Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
For accessible format materials (braille, large print, electronic files,
and audio
format): 202-418-0531 (voice), 202-418-7365 (tty).
Under the Privacy Act of 1974, 5 U.S.C. S: 552(a)(e)(3), we are informing
you that the Commission's staff will use all relevant material information
before it, including information that you disclose in your interview or
written statement, to determine what, if any, enforcement action is
required to ensure your compliance with the Communications Act and the
Commission's rules.
The knowing and willful making of any false statement, or the concealment
of any material fact, in reply to this citation is punishable by fine or
imprisonment under 18 U.S.C.
S: 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kurt A. Schroeder
Deputy Chief, Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission
Enclosures
47 U.S.C. S: 227; 47 C.F.R. S: 64.1200. A copy of these provisions is
enclosed for your convenience. Section 227 was added to the Communications
Act by the Telephone Consumer Protection Act of 1991 and is most commonly
known as the TCPA. The TCPA and the Commission's parallel rules restrict a
variety of practices that are associated with telephone solicitation and
use of the telephone network to deliver unsolicited advertisements,
including prerecorded messages to residential telephone lines.
We have attached 1 complaint at issue in this citation. Within the
complaint is the telephone number 401-331-8400, which your business
utilized during the time period at issue.
Any telephone number so provided may not be for (1) an autodialer or
prerecorded message player that placed the call, (2) a 900 number, or (3)
any other number for which charges exceed local or long distance
transmission charges. In addition, any such telephone number provided in
connection with a prerecorded sales messages to a residential telephone
subscriber must permit any individual to make a do-not-call request during
regular business hours for the duration of the telemarketing campaign.
See 47 C.F.R. S: 1.80(b)(3).
Federal Communications Commission
1
2
Federal Communications Commission
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554