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                                February 18 2009

   VIA CERTIFIED MAIL AND REGULAR MAIL

   RETURN RECEIPT REQUESTED

   National Auto Warranty

   Attn: Darian Atkinson, President

   100 Mall Parkway

   Wentzville, MO 63385

   RE: File No. EB-09-TC-197

   Dear Mr. Atkinson:

   This is an official CITATION, issued pursuant to section 503(b)(5) of the
   Communications Act of 1934, as amended (the Act), 47 U.S.C. S: 503(b)(5),
   for violations of the Act and the Federal Communications Commission's
   rules that govern telephone solicitations and unsolicited advertisements.
   As explained below, you may appeal this citation. In addition, future
   violations of the Act or Commission's rules in this regard may subject you
   and your company to monetary forfeitures.

   Attached are consumer complaints regarding autodialed, prerecorded, or
   artificial voice messages that your company, acting under your direction,
   has delivered to an emergency telephone line, a telephone line of a guest
   or patient room at a health care facility, or a telephone number assigned
   to a paging service, cellular telephone service or any service for which
   the called party is charged for the call. These complaints indicate that
   you and your company have violated section 227(b)(1)(A) of the Act and
   section 64.1200(a)(1) of the Commission's rules. See 47 U.S.C. S:
   227(b)(1)(A); 47 C.F.R. S: 64.1200(a)(1).

   Under Section 227(b)(1)(A) of the Act and section 64.1200(a)(1) of the
   Commission's rules, it is unlawful for any person within the United
   States, or any person outside the United States if the recipient is within
   the United States to initiate calls using an automatic telephone dialing
   system or an artificial or prerecorded voice to (1) any emergency
   telephone line, (2) the telephone line of any guest or patient room at a
   health care facility, or (3) any telephone number assigned to a paging
   service, cellular telephone service or any service for which the called
   party is charged for the call. The provisions provide exceptions when the
   call is made (1) for emergency purposes, or (2) with the prior express
   consent of the called party.

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

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

   If, after receipt of this citation, you or your company violate the
   Communications Act or the Commission's rules in any manner described
   herein, the Commission may impose monetary forfeitures not to exceed
   $11,000 for each such violation or each day of a continuing violation
   occurring before September 2, 2008, and $16,000 for each such violation or
   each day of a continuing violation occurring on or after September 2,
   2008. 

   You may respond to this citation within 30 days from the date of this
   letter either through (1) a personal interview at the Commission's Field
   Office nearest to your place of business, or (2) a written statement. You
   may use this response to appeal this citation. For example, you may claim
   that you can document that you had an established business relationship
   with the called party at the time of the call or that you are a tax-exempt
   nonprofit organization. In addition, your response should specify the
   actions that you are taking to ensure that you do not violate the
   Commission's rules governing prerecorded messages, as described above.

   You may schedule a personal interview at the nearest Commission field
   office. These offices are located in: Atlanta, GA; Boston, MA; Chicago,
   IL; Columbia, MD; Dallas, TX; Denver, CO; Detroit, MI; Kansas City, MO;
   Los Angeles, CA; New Orleans, LA; New York, NY; Philadelphia, PA; San
   Diego, CA; San Francisco, CA; Seattle, WA; and Tampa, FL. Please call Al
   McCloud at 202-418-2499 if you wish to schedule a personal interview. You
   should schedule any interview to take place within 30 days of the date of
   this letter. You should send any written statement within 30 days of the
   date of this letter to:

   Kurt A. Schroeder

   Deputy Chief

   Telecommunications Consumers Division

   Enforcement Bureau

   Federal Communications Commission

   445-12th Street, S.W.

   Rm. 4-C222

   Washington, D.C. 20554

   Reference EB-09-TC-197 when corresponding with the Commission.

   Reasonable accommodations for people with disabilities are available upon
   request. Include a description of the accommodation you will need
   including as much detail as you can. Also include a way we can contact you
   if we need more information. Please allow at least 5 days advance notice;
   last minute requests will be accepted, but may be impossible to fill. Send
   an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs
   Bureau:

   For sign language interpreters, CART, and other reasonable accommodations:

   202-418-0530 (voice), 202-418-0432 (tty);

   For accessible format materials (braille, large print, electronic files,
   and audio

   format): 202-418-0531 (voice), 202-418-7365 (tty).

   Under the Privacy Act of 1974, 5 U.S.C. S: 552(a)(e)(3), we are informing
   you that the Commission's staff will use all relevant material information
   before it, including information that you disclose in your interview or
   written statement, to determine what, if any, enforcement action is
   required to ensure your compliance with the Communications Act and the
   Commission's rules.

   The knowing and willful making of any false statement, or the concealment
   of any material fact, in reply to this citation is punishable by fine or
   imprisonment under 18 U.S.C.

   S: 1001.

   Thank you in advance for your anticipated cooperation.

   Sincerely,

   Kurt A. Schroeder

   Deputy Chief, Telecommunications Consumers Division

   Enforcement Bureau

   Federal Communications Commission

   Enclosures

   47 U.S.C. S: 227; 47 C.F.R. S: 64.1200. A copy of these provisions is
   enclosed for your convenience. Section 227 was added to the Communications
   Act by the Telephone Consumer Protection Act of 1991 and is most commonly
   known as the TCPA. The TCPA and the Commission's parallel rules restrict a
   variety of practices that are associated with telephone solicitation and
   use of the telephone network to deliver unsolicited advertisements,
   including prerecorded messages to residential telephone lines.

   We have attached one complaint at issue in this citation. Within the
   complaint is the telephone number 866-788-9833, which your business
   utilized during the time period at issue.

   In cases where the complaint form indicates that the type of call is "P",
   the consumer has selected "prerecorded" as the type of call.

   The term "automatic telephone dialing system" means "equipment which has
   the capacity  to store or produce telephone numbers to be called, using a
   random or sequential number generator, and to dial such numbers." 47
   U.S.C. S: 227(a)(1); 47 C.F.R. S: 64.1200(f)(1).

   47 U.S.C. S: 227(b)(1)(A)(i) - (iii); 47 C.F.R. S: 64.1200(a)(1)(i) -
   (iii).

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

   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 set at $11,000 for violators who are not
   common carriers or other entities specifically designated in section 503
   of the Act); 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, FCC 08-154, rel. June 13, 2008 (amendment of section
   1.80(b) to reflect inflation increased the forfeiture maximum for this
   type of violator to $16,000, effective September 2, 2008).

                       Federal Communications Commission

   1

   2

                       Federal Communications Commission

                       FEDERAL COMMUNICATIONS COMMISSION

                            WASHINGTON, D.C.  20554