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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
     In the Matter of                        File Nos. EB-07-TC-1568,    
                                         )                               
     EZPMG, Inc. and                         EB-07-TC-12725              
                                         )                               
     Kenneth Elias                           NAL/Acct. No. 200932170010  
                                         )                               
     Apparent Liability for Forfeiture       FRN: 0017996802             
                                         )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: December 23, 2008 Released: December 24, 2008

   By the Commission:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that EZPMG, Inc. and Kenneth Elias ("EZPMG") 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 two hundred eighty-one unsolicited advertisements
       to the telephone facsimile machines of at least one hundred eighty-six
       consumers. Based on the facts and circumstances surrounding these
       apparent violations, we find that EZPMG is apparently liable for a
       forfeiture in the amount of $1,545,000.

   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 April 17, 2007, in response to one or more consumer complaints
       alleging that EZPMG had faxed unsolicited advertisements, the
       Enforcement Bureau ("Bureau") issued a citation to EZPMG, pursuant to
       section 503(b)(5) of the Act. The citation warned EZPMG 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. Soon
       thereafter, the Bureau staff issued a citation to Mr. Kenneth Elias,
       owner of EZPMG.  The Bureau cited both Kenneth Elias and EZPMG for
       using a telephone facsimile machine, computer, or other device, to
       send unsolicited advertisements for mortgage services to a telephone
       facsimile machine, in violation of section 227 of the Act and the
       Commission's related rules and orders.   The citations informed both
       Kenneth Elias and EZPMG that within 30 days of the date of the
       citation, they could either request an interview with Commission
       staff, or could provide a written statement responding to the
       citation. On April 24, 2007 and August 1, 2007, EZPMG responded to the
       citations.

    4. Despite the citations warning that subsequent violations could result
       in the imposition of monetary forfeitures, we have received additional
       consumer complaints indicating that EZPMG continued to engage in such
       conduct after issuance of the citation. We base our action here
       specifically on complaints filed by one hundred eighty-six consumers
       establishing that EZPMG continued to send two hundred eighty-one
       unsolicited advertisements to telephone facsimile machines after the
       date of the citations.

    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 EZPMG 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 two hundred
       eighty-one unsolicited advertisements to the one hundred eighty-six
       consumers identified in the Appendix. This NAL is based on evidence
       that one hundred eighty-six consumers received unsolicited fax
       advertisements from EZPMG after the Bureau's citation. The facsimile
       transmissions advertise mortgage services. Further, according to the
       complaints, the consumers neither had an established business
       relationship with EZPMG nor gave EZPMG 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 EZPMG
       apparently violated section 227 of the Act and the Commission's
       related rules and orders by sending two hundred eighty-one unsolicited
       advertisements to one hundred eighty-six consumers' facsimile
       machines.

    B. Proposed Forfeiture

    7. We find that EZPMG is apparently liable for a forfeiture in the amount
       of $1,545,000. 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 two hundred thirty
       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, twenty-eight consumers specifically
       requested that EZPMG cease sending facsimiles. Notwithstanding these
       requests, EZPMG sent fifty-one additional facsimiles to these
       consumers. We therefore apply the $10,000 amount to each of these
       fifty-one apparent violations. Thus, a total forfeiture of $1,545,000
       is proposed. EZPMG 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 EZPMG, 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 two hundred eighty-one unsolicited advertisements to the one
       hundred eighty-six consumers identified in the Appendix. We have
       further determined that EZPMG, Inc. is apparently liable for a
       forfeiture in the amount of $1,545,000.

    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 EZPMG, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of $1,545,000 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, EZPMG, 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 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). EZPMG,
   Inc. will also send electronic notification on the date said payment is
   made to Johnny.drake@fcc.gov. 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.

   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
   and First Class mail to EZPMG, Inc., Attention: Kenneth Elias, 28 Harrison
   Avenue, Suite 213, Englishtown, NJ 07726 and Heyman Law Office, Attn: Seth
   D. Heyman, 701 Palomar Airport Road, Suite 300, Carlsbad, CA 92009.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                    APPENDIX

                        Complainants and Violation Dates


     Complainant received facsimile   Violation Date(s)                      
     solicitations                                                           

     Cheryl Abbott                    2/14/08                                

     Umar and Rufaida Abdul-Ali       2/5/08, 2/6/08, 2/13/08, 2/13/08       

     William Agosto                   2/27/08                                

     Ernest Allen                     2/12/08                                

     Emily Alpert                     1/17/08                                

     Charles Anderson                 1/2/08                                 

     Andrew Angove                    2/14/08                                

     Perry Austin                     2/14/08                                

     Mitchell Baker                   1/10/08                                

     Lori Barker                      1/23/08                                

     Jerry Barz                       2/6/08                                 

     Barbara Baxter                   1/29/08                                

     Kim Becker                       2/4/08                                 

     Steve Behrens                    2/22/08                                

     Peter Bennet                     2/28/08                                

     Troy Billington                  1/16/08                                

     Betty Bishop                     1/15/08                                

     Melissa Bishop                   2/13/08                                

     Bonnie Blaire                    1/10/08                                

     Sandra Bockes                    2/27/08                                

     Felice Bogus                     1/17/08, 1/29/08, 2/12/08              

     Scott Bradner                    2/21/08                                

     Phillip Branner                  1/29/08                                

     Karl Braun                       2/4/08                                 

     Brenda Buchik                    1/14/08                                

     Scott Bueling                    1/14/08                                

     Forrest Byron                    2/27/08, 4/21/08                       

     Thomas Canario                   4/30/08                                

     Joseph Carone                    2/14/08; 4/8/08                        

     Chuck Cassaro                    2/5/08                                 

     Richard Chapman                  2/26/08                                

     Jane Chappelle                   2/11/08                                

     Jeffrey Chiu                     1/9/08                                 

     Amy Chown                        1/10/08                                

     Vickie Combs                     2/27/08                                

     Sue Conachan                     2/11/08, 2/20/08, 2/20/08, 2/25/08     

     Doug Corely                      2/6/08                                 

     Dan Crouch                       2/26/08                                

     Ralph Cunningham                 2/27/08                                

     William Curtis                   2/20/08                                

     Cecil T. Daniels                 1/15/08                                

     Steven Danowski                  1/29/08                                

     Warren Davis                     2/28/08                                

     Robert DeBuhr                    1/17/08                                

     Edward DeButts                   2/28/08, 3/17/08, 4/24/08              

     Dennis DeDonatis                 4/7/08                                 

     Kathleen Dykhouse                3/10/08                                

     Jack Dynarski                    4/14/08                                

     Brian Eckert                     2/13/08                                

     Marilyn Edwards                  1/7/08                                 

     Sharon Feld                      2/19/08                                

     James Feldman                    3/5/08                                 

     William Flood, Jr.               4/24/08                                

     Robert Foley                     1/2/08                                 

     Jak Fuller                       2/13/08                                

     Rhonda Gauthier                  2/13/08                                

     Michael Glover                   2/14/08                                

     Karen Golden                     4/15/08                                

     Tony Goldish                     2/14/08, 2/14/08, 2/14/08, 2/14/08,    
                                      2/14/08                                

     Sharon Gonzales                  2/22/08                                

     Matthew Graber                   2/7/08                                 

     Erica Gray                       1/12/08, 2/14/08                       

     Allen Green                      2/11/08, 2/27/08, 2/28/08, 3/6/08      

     Bruce Hamady                     1/17/08                                

     Burt Hamrell                     3/10/08                                

     Scott Hancock                    4/22/08                                

     Lynn Hanzel                      2/21/08                                

     Becky Harris                     1/30/08                                

     Marvin Harris                    2/11/08                                

     Dale Heatherington               2/4/08                                 

     Lanny Hochhalter                 2/11/08, 2/20/08, 2/25/08              

     Susan Hogg                       2/20/08                                

     Joseph and Sunny Holloway        2/13/08, 2/25/08, 3/3/08, 3/13/08,     
                                      3/13/08                                

     Debra Hutchinson                 1/23/08                                

     Jeff Itter                       2/21/08                                

     John Jackson                     1/3/08                                 

     Theodore Jean                    1/22/08                                

     Gaylen Jensen                    2/18/08                                

     Steven Kabbash                   2/6/08, 2/6/08, 2/19/08                

     Kathi Keeton                     2/11/08                                

     Michael Kelly                    3/11/08                                

     Edwin Kent                       4/2/08                                 

     Chris Kiichle                    1/9/08                                 

     John Kissell                     2/28/08                                

     Richard Kobre                    1/30/08                                

     Irwin F. Kraus                   2/28/08                                

     Geddy Krul                       1/10/08, 1/29/08, 2/19/08              

     Stephanie LaBry                  2/28/08                                

     Nanci Lamborn                    2/27/08                                

     Richard LaPrarie                 2/27/08                                

     Kenneth Leber, Jr.               1/2/08                                 

     David Lowenstein                 2/27/08                                

     Ray Long                         1/24/08                                

     Dixon Low                        1/17/08, 1/29/08, 2/7/08, 2/14/08      

     Richard Lunt                     1/14/08                                

     George Markowsky                 2/25/08                                

     Dee Martin                       2/6/08                                 

     Stephen Martin                   2/26/08                                

     Trevor Marvin                    2/18/08                                

     LeAnna McClendon                 2/12/08, 2/26/08, 2/28/08              

     Mike McClendon                   2/4/08                                 

     Jim McCloud                      1/24/08                                

     Bobby McCoy                      4/17/08                                

     Rosalie McKinney                 1/21/08, 2/5/08, 2/6/08, 2/13/08       

     Thomas McWethy                   2/12/08                                

     Robert Mermelstein               1/28/08, 2/14/08                       

     Susan Merrick                    2/5/08                                 

     Marie Miller                     2/13/08                                

     Terry Mitchell                   2/29/08                                

     Amiel Moskona                    2/25/08                                

     Lynn Murphy                      2/20/08                                

     Dianne Mutersbaugh               1/25/08                                

     Lawrence Nelson                  1/2/08, 1/24/08, 1/30/08               

     Michael Neville                  1/25/08                                

     Bill Newberg                     4/1/08                                 

     Frank Nicholas                   2/6/08                                 

     Brent Ostendorff                 2/7/08, 3/6/08                         

     Melanie Pager                    2/13/08                                

     Laura Palmberg                   2/19/08                                

     Marguerite Payne                 2/19/08                                

     James Pedicord                   1/22/08, 3/3/08                        

     Rich Potter                      1/15/08, 1/25/08                       

     John and Sandy Powers            1/21/08                                

     Donald Redding                   4/10/08                                

     Crawford Rhodes                  3/6/08                                 

     Harry Robinson                   2/27/08                                

     Sally Rockrise                   2/12/08                                

     Patricia Rountree                1/3/08                                 

     James T. Saint                   1/30/08, 2/4/08                        

     Richard Sanderson                2/19/08, 2/27/08                       

     Nancy Sedwick                    2/14/08                                

     Roger Sellgren                   2/7/08                                 

     Joe Shields                      2/13/08, 4/24/08                       

     David Sim                        3/5/08                                 

     Gary Simpson                     1/24/08                                

     George Simpson                   2/27/08                                

     David Sloan                      1/31/08, 2/27/08                       

     Jennifer Spell                   2/13/08                                

     Gary Stacharowski                3/5/08                                 

     Scott Stern                      2/21/08                                

     Arnetta Stierwalt                1/14/08                                

     Jerry Strekal                    2/13/08                                

     William Suber                    2/20/08                                

     Daniella Sypher-Haley            2/2/08                                 

     Russel Taylor                    2/27/08                                

     Todd Thurston                    2/18/08                                

                                      1/10/08, 1/17/08, 1/24/08, 1/29/08,    
     R. Bryan Tilden                  2/12/08, 2/14/08, 2/27/08, 4/15/08,    
                                      4/23/08                                

     Hans Toorens                     1/31/08                                

     Barry Tregob                     1/24/08                                

     Richard Troyer                   1/15/08                                

     Jennifer Turner                  2/27/08, 2/27/08, 2/27/08, 2/27/08,    
                                      2/27/08                                

     Robert Twite                     1/14/08                                

     Chad Wagner                      2/13/08                                

     Steven Walker                    4/21/08                                

     Margaret Walters                 2/14/08                                

     John Warrick                     1/2/08                                 

     Scott Weaver                     2/21/08, 4/7/08                        

     Nicholas Weilhammer              2/7/08                                 

     John G. Weinmann                 2/26/08                                

     Clement Wen                      2/7/08                                 

     David White                      2/7/08                                 

     Stephen White                    2/19/08                                

     Ellen Whiting                    3/5/08                                 

     David Wisniewski                 2/7/08                                 

     Roger Wolf                       2/27/08                                

     Jeff Wright                      1/14/08                                

     Lance Zee                        1/29/08                                

     H. Glen Ziegenfuss               2/27/08                                

     Ken Zweifel                      3/19/08                                



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

     Charles Anderson                            1/15/08                     

     Steve Behrens                               2/25/09, 4/17/08, 4/21/08   

     Jane Chappelle                              2/20/08                     

     Paula Childre                               1/28/08, 1/29/08, 1/29/08   

     Robert Cimino                               2/19/08, 2/25/08            

     Cecil T. Daniels                            1/25/08                     

     Kimberly Goza                               2/4/08                      

     Kathy Grand                                 1/15/08                     

     Ken Hall                                    1/17/08, 1/31/08, 2/11/08   

     Bruce Hamady                                1/17/08                     

     Becky Harris                                2/13/08, 2/15/08            

     Sarah Hetzler                               1/31/08                     

     Elizabeth Hohe                              1/8/08, 1/9/08              

     Debra Hutchinson                            1/29/08, 2/11/08            

     Richard Kobre                               2/2/08, 2/4/08              

     Edward Lohmann                              2/7/08, 2/20/08, 2/28/08,   
                                                 4/17/08, 4/30/08            

     Ray Long                                    2/1/08, 2/7/08, 2/14/08     

     Dan Morris                                  1/9/08                      

     Dianne Mutersbaugh                          2/6/08, 2/7/08              

     Charles Roberts                             1/10/08                     

     Ricardo Segura                              2/8/08, 2/13/08             

     Alesia Stevenson                            1/7/08                      

     Barry Tregob                                1/28/08                     

     William Trudeau                             1/16/08                     

     Sheryl Wagner                               2/12/08                     

     Kim Williams                                1/30/08                     

     Jessie Woods                                2/18/08, 2/20/08, 2/26/08,  
                                                 2/26/08, 2/28/08            

     Dennis Yeo                                  1/10/08                     


   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).

   EZPMG, Inc. has offices at 28 Harrison Avenue, Suite 213, Englishtown, NJ
   07726. Kenneth Elias, owner and president of EZPMG, also has offices at 28
   Harrison Avenue, Suite 213, Englishtown, NJ 07726, and is listed as the
   contact person for EZPMG. Accordingly, all references in this NAL to EZPMG
   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 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-1568 issued to
   EZPMG, Inc. on April 17, 2007 ("April 2007 citation").

   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).

   See Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-07-TC-12725 issued to
   Mr. Kenneth Elias on July 23, 2007 ("July 2007 citation").

   Bureau staff mailed the April 17, 2007, citation to the following address:
   EZPMG, Inc., Attn: Kenneth Elias, 28 Harrison Avenue, Englishtown, NJ
   07726. See n8, supra. Bureau staff mailed the July 23, 2007, citation to
   the following address: Mr. Kenneth Elias, 28 Harrison Avenue, Suite 213,
   Englishtown, NJ 07726. See n10, supra.

   On April 24, 2007, EZPMG, Inc. responded to the April 2007 citation.
   Letter from Mr. Kenneth B. Elias, President, EZPMG, Inc., to Kurt A.,
   Schroeder, Deputy Chief, Telecommunications Consumers Division,
   Enforcement Bureau, Federal Communications Commission, dated April 24,
   2007. On August 1, 2007, EZPMG, Inc. responded to the July 2007 citation.
   Letter from Mr. Kenneth B. Elias, President, EZPMG, Inc., to Kurt A.,
   Schroeder, Deputy Chief, Telecommunications Consumers Division,
   Enforcement Bureau, Federal Communications Commission, dated August 1,
   2007. Both of EZPMG's responses stated, among other things, that the fax
   numbers used to transmit the advertisements were publicly listed on the
   Internet, and yellow page listings. Kenneth Elias, owner of EZPMG,
   included internet pages, from which the fax numbers were obtained. The Act
   and our rules, however, explicitly require that a fax sender must first
   have an established business relationship with the fax recipient before
   using a fax number from a voluntarily published source to send unsolicited
   fax advertisements.  See 47 U.S.C. S: 227(b)(1)(C)(i)-(iii); 47 C.F.R. S:
   64.1200(a)(3) (unsolicited fax ads prohibited unless sender has EBR with
   recipient and the fax number was obtained, inter alia, from a directory,
   advertisement, or Internet site to which the recipient voluntarily made
   the number available for distribution); see also Rules and Regulations
   Implementing the Telephone Consumer Protection Act of 1991, CG Docket Nos.
   02-278 and 05-338, Report and  Order and Third Order on Reconsideration,
   21 FCC Rcd 3787, 3793-96 (2006) (burden of proof to demonstrate
   established business relationship is on the sender; senders of facsimile
   advertisements must have an EBR with the recipient in order to send the
   advertisement to the recipient's facsimile number; that the facsimile
   number was made available in a directory, advertisement or website does
   not alone entitle a person to send a facsimile advertisement to that
   number). Here, the record shows that EZPMG apparently did not have the
   requisite EBR with the fax recipients before using published fax numbers.
   Additionally, following the issuance of the citations, the Commission
   continued to receive complaints from multiple consumers alleging that the
   Company faxed unsolicited advertisements to them. These complaints,
   received after the Commission's citations, resulted in the issuance of two
   Notices of Apparent Liability for Forfeiture against EZPMG on August 21,
   2008, in the amount of $443,500 and on October 9, 2008, in the amount of
   $112,500. See EZPMG, Inc. and Kenneth Elias, Notice of Apparent Liability
   for Forfeiture, 23 FCC Rcd 13130 (2008) and EZPMG, Inc. and Kenneth Elias,
   Notice of Apparent Liability for Forfeiture 23 FCC Rcd 15033 (2008).
   Counsel for EZPMG responded to the October 9, 2008, NAL on November10,
   2008. Letter from Seth D. Heyman, Esq. to Colleen Heitkamp, Chief,
   Telecommunications Consumers Division, Enforcement Bureau, FCC, 445 12th
   Street, SW, Washington, DC 20554.

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

   We note that evidence of additional instances of unlawful conduct by EZPMG
   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)
   first to $11,000 and more recently to $16,000. 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)
   (forfeiture maximum for this type of violator set at $11,000); Amendment
   of Section 1.80(b) of the Commission's Rules and Adjustment of Forfeiture
   Maxima to Reflect Inflation, 19 FCC Rcd 10945 (2004) (amendment of section
   1.80(b) to reflect inflation left the forfeiture maximum for this type of
   violator at $11,000); Amendment of Section 1.80(b) of the Commission's
   Rules, Adjustment of Forfeiture Maxima to Reflect Inflation, 23 FCC Rcd
   9845 (2008) (amendment of section 1.80(b) to reflect inflation increased
   the forfeiture maximum for this type of violator at $16,000).  

   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 February 27, 2008, from William Agosto (stating
   that he has never done any business with the fax advertiser, never made an
   inquiry or application to the fax advertiser, never given permission for
   the company to send the fax, and requested that the fax advertiser not fax
   advertisements to him.). 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.

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