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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                               
                                                        
                        )                               
                                                        
                        )                               
                            File No. EB-07-TC-640       
                        )                               
     In the Matter of       File No. EB-07-TC-3638      
                        )                               
     So Clean, Inc.         NAL/Acct. No. 200832170050  
                        )                               
                            FRN: 0017839390             
                        )                               
                                                        
                        )                               
                                                        
                        )                               


                                FORFEITURE ORDER

   Adopted: July 15, 2009 Released: July 16, 2009

   By the Chief, Enforcement Bureau:

   I. introduction

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of $18,000 against So Clean, Inc.("So Clean") for willful
       or repeated violations of section 227 of the Communications Act of
       1934, as amended ("Act") and the Commission's related rules and
       orders, by delivering at least four unsolicited, prerecorded
       advertising messages to at least four consumers.

   II. background

    1. The facts and circumstances surrounding this case are set forth in the
       Commission's Notice of Apparent Liability for Forfeiture and need not
       be reiterated at length.

    2. Section 227(b)(1)(B) prohibits any person from initiating "any
       telephone call to any residential telephone line using any artificial
       or prerecorded voice to deliver a message without the prior express
       consent of the called party, unless the call is initiated for
       emergency purposes or is exempted by rule or order by the Commission."
       Section 64.1200(a)(2) of the Commission's rules provides exemptions to
       the prohibition for calls: 1) made for emergency purposes; 2) not made
       for a commercial purpose; 3) made for a commercial purpose but "not
       including or introducing an unsolicited advertisement or constituting
       a telephone solicitation";  4) to any person "with whom the caller has
       an established business relationship at the time the call is made"; or
       5) "made by or on behalf of a tax-exempt nonprofit organization."

    2. On March 6, 2007, in response to one consumer complaint alleging that
       So Clean had delivered an unsolicited, prerecorded advertising
       message, the Commission staff issued a citation  to So Clean, pursuant
       to section 503(b)(5) of the Act.  The staff cited So Clean for
       delivering one or more unsolicited, prerecorded advertising messages
       to a residential telephone line for carpet cleaning, in violation of
       section 227 of the Act and the Commission's related rules and orders.
       The citation warned So Clean 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 complaint that formed
       the basis of the citation. The citation informed So Clean 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. So Clean replied to the citation by
       letter, stating that the complainant's phone number "must have been
       entered into our system by mistake" and that it "has been completely
       removed and will not be called again."

    3. Further, on July 2, 2007, in response to one additional consumer
       complaint alleging that So Clean had delivered an unsolicited,
       prerecorded advertising message, the Commission staff issued a further
       citation to So Clean, pursuant to section 503(b)(5) of the Act.  The
       staff cited So Clean for delivering one or more unsolicited,
       prerecorded advertising messages to a residential telephone line for
       an unstated business, in violation of section 227 of the Act and the
       Commission's related rules and orders. The citation warned So Clean
       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 complaint that formed the basis of the citation.  The
       citation informed So Clean 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. So
       Clean replied to the citation by letter, stating that "it seems the
       same error has occurred for" the second complainant and that "we can
       assure you that he will not be called again."

    4. Following the issuance of the citation, the Commission received at
       least four complaints from consumers alleging that So Clean continued
       to engage in such conduct after receiving the first citation. These
       violations, which occurred after the Bureau's first citation, resulted
       in the issuance of a Notice of Apparent Liability for Forfeiture
       against So Clean on June 6, 2008 in the amount of $18,000. The NAL
       ordered So Clean to either pay the proposed forfeiture amount within
       thirty (30) days or submit evidence or arguments in response to the
       NAL to show that no forfeiture should be imposed or that some lesser
       amount should be assessed. So Clean did not respond to the NAL or pay
       the proposed forfeiture amount.

   III. discussion

    5. Section 503(b) of the Act authorizes the Commission to assess a
       forfeiture 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. The maximum penalty for such a violation is $11,000 for a
       violation occurring before September 2, 2008, and $16,000 for a
       violation occurring on or after September 2, 2008. 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."

    6. Although the Commission's Forfeiture Policy Statement does not
       establish a base forfeiture amount for violating the prohibition on
       delivering unsolicited, prerecorded advertising messages to a
       residential telephone line, the Commission's Enforcement Bureau has
       found these violations to be similar in nature to 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 four apparent violations.

    7. So Clean did not respond to the NAL or pay the proposed forfeiture
       amount. So Clean has failed to identify facts or circumstances to
       persuade us that there is a basis for modifying the proposed
       forfeiture, and we are not aware of any further mitigating
       circumstances sufficient to warrant a reduction of the forfeiture
       penalty. For these reasons, and based on the information before us, we
       hereby impose a total forfeiture of $18,000 for So Clean's willful or
       repeated violation of section 227 of the Act and the Commission's
       related rules and orders, as set forth in the NAL.

    8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and
       section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4),
       and under authority delegated by sections 0.111 and 0.311 of the
       Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that So Clean, Inc.
       IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in
       the sum of $18,000 for willfully and repeatedly violating section
       227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c),
       section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S:
       64.1200(a)(3), and the related orders as described in the paragraphs
       above.

    9. Payment of the forfeiture shall be made in the manner provided for in
       section 1.80 of the Commission's rules within thirty (30) days of the
       release of this Order. If the forfeiture is not paid within the period
       specified, the case may be referred to the Department of Justice for
       collection pursuant to section 504(a) of the Act, 47 U.S.C. S: 504(a).
       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). So Clean 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.

   10. IT IS FURTHER ORDERED that a copy of the Forfeiture Order  shall be
       sent by First Class mail and certified mail return receipt requested
       to So Clean, Inc., Attention: Tracy Kupke and Luke Will, 42400 Mound
       Road, Sterling Heights, MI 48314-3149 and 43428 Goldberg Drive,
       Sterling Heights, MI 48313-1865.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith Chief, Enforcement Bureau

   47 U.S.C. S: 227.

   See also 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).

   So Clean, Inc., Notice of Apparent Liability for Forfeiture, 23 FCC Rcd
   8782 (Enf. Bur. 2008).

   47 U.S.C. S: 227(b)(1)(B); 47 C.F.R. S: 64.1200(a)(2).

   An "unsolicited advertisement" is defined 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." 47 U.S.C. S: 227(a)(4);
   47 C.F.R. S: 64.1200(f)(13).

   A "telephone solicitation" is defined as "the initiation of a telephone
   call or message for the purpose of encouraging the purchase or rental of,
   or investment in, property, goods, or services, which is transmitted to
   any person, but such term does not include a call or message (A) to any
   person with that person's prior express invitation or permission, (B) to
   any person with whom the caller has an established business relationship,
   or (C) by a tax- exempt nonprofit organization. " 47 U.S.C. S: 227(a)(3);
   47 C.F.R. S: 64.1200(f)(12). We have previously found that "prerecorded
   messages containing free offers and information about goods and services
   that are commercially available are prohibited to residential telephone
   subscribers, if not otherwise exempt." TCPA Revisions Report and Order, 18
   FCC Rcd 14097-98 (2003).

   An "established business relationship" is defined as "a prior or existing
   relationship formed by a voluntary two-way communication between a person
   or entity and a residential subscriber with or without an exchange of
   consideration, on the basis of the subscriber's purchase or transaction
   with the entity within the eighteen (18) months immediately preceding the
   date of the telephone call or on the basis of the subscriber's inquiry or
   application regarding products or services offered by the entity within
   the three months immediately preceding the date of the call, which
   relationship has not been previously terminated by either party." 47
   C.F.R. S: 64.1200(f)(4).

   47 U.S.C. S: 227(b)(1)(B); 47 C.F.R. S: 64.1200(a)(2).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-07-TC-640 issued to So
   Clean on March 6, 2007.

   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).

   Commission staff mailed the citation to So Clean Inc., 42400 Mound Road,
   Sterling Heights, MI 48314-3149 and So Clean, Inc., 43428 Goldberg Drive,
   Sterling Heights, MI 48313-1865. See n. 2, supra.

   Letter from Tracey, So Clean to Kurt A. Schroeder, Deputy Chief,
   Telecommunications Consumers Division, Enforcement Bureau, dated March 30,
   2007.

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-07-TC-3638, issued to
   So Clean on July 2, 2007. The citation also inadvertently included the
   complaint in the March 30, 2007 citation to So Clean.

   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).

   Commission staff mailed the citation to So Clean, Inc., Attn: Tracy Kupke
   and Luke Will, 42400 Mound Road, Sterling Heights, MI 48314-3149 and 43428
   Goldberg Drive, Sterling Heights, MI 48313-1865. See n. 2, supra.

   Letter from Tracey, So Clean to Kurt A. Schroeder, Deputy Chief,
   Telecommunications Consumers Division, Enforcement Bureau, dated August 1,
   2007.

   See n.3, supra; see also 47 U.S.C. S: 503(b)(1).

   Section 503(b)(2)(C) provides for forfeitures of 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 to $16,000).

   See 47 U.S.C. S: 503(b)(2)(D); see also 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 Warrior Custom Golf, Inc., Notice of Apparent Liability for
   Forfeiture, 19 FCC Rcd 23648, 23652 (Enf. Bur. 2004) (" Warrior Custom
   Golf") (first NAL to address pre-recorded advertising messages); see also
   Septic Safety, Inc., Apparent Liability for Forfeiture, 21 FCC Rcd 6868 
   (Enf. Bur. 2006); 1 Home Lending Corporation, d/b/a Capital Line
   Financial, LLC., Notice of Apparent Liability for Forfeiture, 21 FCC Rcd
   11852  (Enf. Bur. 2006).

   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).

   (...continued from previous page)

                                                              (continued....)

                                 Federal Communications Commission DA 09-1531

                                       5

                                 Federal Communications Commission DA 09-1531