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                                August 25, 2008



   HCI Home Mortgage

   1055 Parsippany Blvd.

   Parsippany, NJ 07054

   HCI Home Mortgage

   1719 State Route 10, #122

   Parsippany, NJ 07054

   RE: File No. EB-08-TC-2715

   Dear Correspondent:

   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 are consumer complaints regarding prerecorded messages delivered
   by your company, acting under your direction. These complaints indicate
   that you and your company have violated section 227(d)(3)(B) of the Act
   and section 68.318(c) of the Commission's rules by delivering prerecorded
   messages that failed to disconnect promptly when the called party hung up.
   See 47 U.S.C. S: 227(d)(3)(B); 47 C.F.R. S: 68.318(c).

   Under Section 227(d)(3)(B) of the Act and section 68.318(c) of the
   Commission's rules, automatic telephone dialing systems that deliver
   recorded messages must release the called party's telephone line within
   five seconds of the time that notification is transmitted to the system
   that the called party has hung up.

   Additionally, it appears that you and your company have also violated
   other Commission rules that govern all prerecorded messages. 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, it
   appears that your telephone solicitation(s) 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 you had an established business relationship
   with the called party at the time of the call or that you are a tax-exempt
   nonprofit organization. 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-08-TC-2715  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 or call the Consumer & Governmental Affairs

   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.


   Kurt A. Schroeder

   Deputy Chief, Telecommunications Consumers Division

   Enforcement Bureau

   Federal Communications Commission


   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 one complaint at issue in this citation. Within the
   complaint is the telephone number 213-363-5193, 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



                       Federal Communications Commission


                            WASHINGTON, D.C.  20554