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


                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB-07-TC-502       
                                                                         
     Sunstar Travel and Tours, Inc.      )   NAL/Acct. No. 200832170046  
                                                                         
     Apparent Liability for Forfeiture   )   FRN: 0017724774             
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 20, 2008 Released: May 28, 2008

   By the Commission:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Sunstar Travel and Tours, Inc. ("Sunstar") 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 34 unsolicited advertisements to the telephone
       facsimile machines of at least 31 consumers. Based on the facts and
       circumstances surrounding these apparent violations, we find that
       Sunstar is apparently liable for a forfeiture in the amount of
       $169,500.

   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 May 17, 2007, in response to one or more consumer complaints
       alleging that Sunstar had faxed unsolicited advertisements, the
       Enforcement Bureau ("Bureau") issued a citation to Sunstar, pursuant
       to section 503(b)(5) of the Act. The Bureau cited Sunstar for using a
       telephone facsimile machine, computer, or other device, to send
       unsolicited advertisements for vacation packages to a telephone
       facsimile machine, in violation of section 227 of the Act and the
       Commission's related rules and orders. The citation warned Sunstar
       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 Sunstar 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.
       Sunstar 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 13
       additional consumer complaints indicating that Sunstar continued to
       engage in such conduct after receiving the citation. We base our
       action here specifically on 13 complaints filed by 13 consumers
       establishing that Sunstar continued to send 15 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 Sunstar 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 34
       unsolicited advertisements to the 31 consumers identified in the
       Appendix. This NAL is based on evidence that 31 consumers received
       unsolicited fax advertisements from Sunstar after the Bureau's
       citation. The facsimile transmissions advertised vacations. Further,
       according to the complaints, the consumers neither had an established
       business relationship with Sunstar nor gave Sunstar 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
       Sunstar apparently violated section 227 of the Act and the
       Commission's related rules and orders by sending 34 unsolicited
       advertisements to 31 consumers' facsimile machines.

    B. Proposed Forfeiture

    7. We find that Sunstar is apparently liable for a forfeiture in the
       amount of $169,500. 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 31 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, three consumers specifically requested that Sunstar
       cease sending facsimiles. Notwithstanding these requests, three
       additional facsimiles were sent to these consumers. Thus, we apply the
       $10,000 amount to three apparent violations. Thus, a total forfeiture
       of $169,500 is proposed. Sunstar 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 Sunstar Travel and Tours, 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 34 unsolicited advertisements to the 31
       consumers identified in the Appendix. We have further determined that
       Sunstar Travel and Tours, Inc. is apparently liable for a forfeiture
       in the amount of $169,500.

    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 Sunstar Travel and Tours, Inc.] is hereby NOTIFIED of this
       APPARENT LIABILITY FOR A FORFEITURE in the amount of $169,500 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, Sunstar Travel and
       Tours, 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 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. 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 Sunstar Travel and Tours, Inc., Attention: Joseph Hanna,
       President, 1123 E. Altamonte Dr., Altamonte Springs, FL 32701.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                    APPENDIX

                        Complainants and Violation Dates


     Complainant sent facsimile solicitations   Violation Date(s)    

     Margaret Bergin                            7/19/2007            

     Michael Branagan                           7/10/2007            

     Karl Banach                                7/5/2007             

     Joe Shields                                7/12/2007            

     Aline Taylor                               6/22/2007;7/24/2007  

     R. Bryan Tilden                            7/26/2007            

     Doreen Franklin                            7/25/2007            

     Max Talbot-Minkin                          7/25/2007            

     Peter Jacob                                7/2/2007             

     Warren Davis                               7/20/2007;7/24/2007  

     Lisa Stephen                               7/19/2007            

     Neil Twenter                               7/11/2007            

     Mark Kirshke                               8/8/2007             

     Jack Lubowsky                              8/13/2007            

     Lynda Doucette                             8/13/2007            

     Nanci Lamborn                              8/14/2007            

     Kathy Collins                              8/9/2007; 8/16/2007  

     William Crowell                            8/16/2007            

     Dennis DeDonatis                           8/16/2007            

     Gregory Stricherz                          8/20/2007            

     Kevin Photiades                            8/20/2007            

     Kimberly Ciesla                            8/22/2007            

     Scott Peacock                              8/22/2007            

     The Westminster                            8/22/2007            

     Adrienne Hermann                           8/1/2007             

     Laurence Zuckerman                         8/6/2007             

     Richard Sanderson                          8/1/2007             

     Barbara Lee                                8/2/2007             



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

     Monte C. Shalett                                     7/9/2007           

     Edward Weinstein                                     8/15/2007          

     Steve Heller                                         8/12/2007          


   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, Sunstar is also doing
   business as SS Travel and Tours, S-Star Travel and Tour, Vacation
   Clearinghouse, Vacation Clearance Center, and Travel Clearance Center.
   Therefore, all references in this NAL to "Sunstar" encompass Sunstar as
   well as SS Travel and Tours, S-Star Travel and Tour, Vacation
   Clearinghouse, Vacation Clearance Center, and Travel Clearance Center.
   Sunstar has offices at 1123 E. Altamonte Dr., Altamonte Springs, FL 32701.
   Joseph Hanna, President, is listed as the contact person for Sunstar.
   Accordingly, all references in this NAL to "Sunstar" also encompass the
   foregoing individual and all other principals and officers of this entity
   or entities, as well as the corporate entity or entities.

   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: 64.1200(a)(3)(i), (ii).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-07-TC-502 issued to
   Sunstar on May 17, 2007.

   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 1123 E. Altamonte Dr., Altamonte
   Springs, FL 32701. See n.2, supra.

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

   We note that evidence of additional instances of unlawful conduct by
   Sunstar 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 July 9, 2007, from Monte C. Shalett (stating
   that he has never done any business with the fax advertiser, never made an
   inquiry or application to the fax advertiser, never gave permission for
   the company to send the fax, and requested the company not to fax an
   advertisement). 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 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.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission FCC 08-132

   2

   6

   Federal Communications Commission FCC 08-132