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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB- 05-TC-072      
                                                                         
     Troescher Typing Service            )   NAL/Acct. No. 200732170063  
                                                                         
     Apparent Liability for Forfeiture   )   FRN: 0016723884             
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 14, 2008 Released: May 14, 2008

   By the Commission:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Troescher Typing Service ("Troescher") 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 nine unsolicited advertisements to the telephone
       facsimile machines of at least seven consumers. Based on the facts and
       circumstances surrounding these apparent violations, we find that
       Troescher is apparently liable for a forfeiture in the amount of
       $46,000.

   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 January 6, 2006, in response to one or more consumer complaints
       alleging that Troescher had faxed unsolicited advertisements, the
       Enforcement Bureau ("Bureau") issued a citation to Troescher, pursuant
       to section 503(b)(5) of the Act. The Bureau cited Troescher for using
       a telephone facsimile machine, computer, or other device, to send
       unsolicited advertisements for commercial and residential
       refinance/loans 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 Troescher 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 Troescher 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. The citation was returned to the Commission stamped
       "Refused." Troescher 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 seven
       additional consumer complaints indicating that Troescher continued to
       engage in such conduct after receiving the citation. We base our
       action here specifically on complaints filed by seven consumers
       establishing that Troescher continued to send nine 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 Troescher 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 nine
       unsolicited advertisements to the seven consumers identified in the
       Appendix. This NAL is based on evidence that seven consumers received
       unsolicited fax advertisements from Troescher after the Bureau's
       citation. The facsimile transmissions advertise loan refinancing.
       Further, according to the complaints, the consumers neither had an
       established business relationship with Troescher nor gave Troescher
       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 Troescher apparently violated section 227
       of the Act and the Commission's related rules and orders by sending
       nine unsolicited advertisements to seven consumers' facsimile
       machines.

    B. Proposed Forfeiture

    7. We find that Troescher is apparently liable for a forfeiture in the
       amount of $46,000. 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 eight of the apparent
       violations. In addition, where the consumer requests the company to
       stop sending facsimile messages, and the company continues to send
       them, the Commission has previously considered $10,000 per unsolicited
       fax advertisement the appropriate forfeiture for such egregious
       violations. Here, one consumer specifically requested that Troescher
       cease sending facsimiles. Notwithstanding this request, an additional
       facsimile was sent to this consumer. Thus, we apply the $10,000 amount
       to this apparent violation. Thus, a total forfeiture of $46,000 is
       proposed. Troescher 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 Troescher Typing Service 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 nine unsolicited advertisements to the seven consumers
       identified in the Appendix. We have further determined that Troescher
       Typing Service is apparently liable for a forfeiture in the amount of
       $46,000.

    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,
       that Troescher Typing Service is hereby NOTIFIED of this APPARENT
       LIABILITY FOR A FORFEITURE in the amount of $46,000 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, Troescher Typing
       Service 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 credit card through the
       Commission's Revenue and Receivables Operations Group at (202)
       418-1995, or by check or similar instrument, payable to the order of
       the Federal Communications Commission. The payment must include the
       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. Payments[s] by wire transfer
       may be made to ABA Number 021030004, receiving bank Federal Reserve
       Bank of New York, and account number 27000001. 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. Questions, please contact the Financial
       Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov.

   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. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Chief, Revenue and Receivables Operations Group, 445 12th Street, SW,
       Washington, DC 20554.

   15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail Return Receipt
       Requested to Troescher Typing Service, Attention: Mr. Loren William
       Troescher, Jr., Owner, 1625 Olympic Blvd., Suite M 104, Los Angeles,
       California 90015.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                    APPENDIX


     Complainant sent facsimile solicitations   Violation Date(s)     

     Kim Marasti                                5/24/2007, 6/19/2007  

     James Frohn                                5/23/2007             

     Mike Arman                                 5/15/2007, 6/19/2007  

     Scott Starr                                6/27/2007             

     Mary Watt                                  6/08/2007             

     Valerie Malone                             6/28/2007             




     Complainant sent facsimile solicitations after       Violation Date(s)  
     requesting no more be sent                                              

     David Townsend                                       6/07/2007          



   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 is not a common carrier 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, Troescher has offices at 1625
   Olympic Blvd., Suite M 104, Los Angeles, California 90015. Mr. Loren
   William Troescher, Jr., Owner, is listed as the contact person for
   Troescher. Accordingly, all references in this NAL to Troescher 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 C.F.R. S: 64 (a)(3)(i), (ii).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-05-TC-072 issued to
   Troescher on January 6, 2006.

   See 47 U.S.C. S: 503(b)(5) (authorizing the Commission to issue citations
   to non-common carriers for violations of the Act or of the Commission's
   rules and orders).

   Commission staff mailed the citation to 1625 Olympic Blvd., Suite M 104,
   Los Angeles, California 90015. See n.2, supra.

   Following the issuance of the citation, The Commission continued to
   receive complaints from multiple consumers alleging that Troescher faxed
   unsolicited advertisements to them. These complaints, received after the
   Commission's citation, resulted in the issuance of two NALs against
   Troescher: Troescher Typing Service, Notice of Apparent Liability for
   Forfeiture, 22 FCC Rcd 13180 (Enf. Bur. 2007), in the amount of $22,500;
   and Troescher Typing Service, Notice of Apparent Liability for Forfeiture,
   22 FCC Rcd 19789 (Enf. Bur. 2007), in the amount of $9,000. To date,
   Troescher has not filed a response to these NALs.

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

   We note that evidence of additional instances of unlawful conduct by
   Troescher 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 June 27, 2007, from David Townsend (stating
   that he had no established business relationship with the fax advertiser,
   never made an inquiry or application to the fax advertiser, never gave
   permission for the advertiser to send the fax, and requested the company
   not to fax an advertisement). The complainants involved in this action are
   listed in the Appendix below.

   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 Carolina Liquidators, Inc., Notice of Apparent Liability for
   Forfeiture, 15 FCC 16,837, 16,842 (2000); 21st Century Fax(es) Ltd., AKA
   20th Century Fax(es), 15 FCC Rcd 24,406, 24,411 (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.

   47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission FCC 08-129

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   Federal Communications Commission FCC 08-129