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September 18, 2009
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
USMED
Attn: Patrick Murphy
2517 West Shaw Avenue
Fresno, California 93711
American Life Health Care
Attn: Krishen Iyer, President
225 W Shaw Avenue
Fresno, California 93711
RE: EB-09-TC-436
Dear Mr. Murphy and Mr. Iyer:
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, prerecorded and autodialed
telephone calls and facsimile ("fax") transmissions. As explained below,
future violations of the Act or Commission's rules in this regard may
subject you and your company to monetary forfeitures.
It has come to our attention that you or your company, acting under your
direction, apparently sent one or more calls or faxes in violation of
Section 227(b) of the Communications Act and the Commission's related
rules, as described in the attached complaint(s). Specifically, one or
more complaints have been filed against your company showing that your
company, acting under your direction, committed the violation(s) checked
below. Once you have identified the violation(s), proceed to the
associated section(s) of the citation to obtain the legal requirements
related to each violation and then read the section titled, "Responding to
the Citation" if you wish to respond. While your company has not been
accused of any of the other unchecked violations listed below, you might
find it useful to familiarize yourself with the other sections so that you
or your company will be better informed of the Commission's
Telecommunications Consumer Protection Act ("TCPA") rules.
FACSIMILE VIOLATIONS
Unsolicited Fax Advertisement (See Section I(A) - page 1)
Incomplete Fax Header (See Section I(B) - page 2)
Insufficient Opt-Out Notice (See Section I(C) - page 2)
Opt-Out Request Not Honored (See Section I(D) - page 3)
PRERECORDED AND AUTODIALED CALL MESSAGE VIOLATIONS
Prerecorded or Autodialed Call to a Cell Phone, Emergency Line or Health
Care Facility (See Section II(A) - page 4)
Prerecorded Call to a Residential Line (See Section II(B) - page 5)
Prerecorded Line Seizure (See Section II(C) - page 6)
Prerecorded Identification Not Provided (See Section II(D) - page 7)
DO-NOT-CALL VIOLATIONS
National Do-Not-Call (See Section III(A) - page 7)
Company-Specific Do-Not-Call (See Section III(B) - page 8)
TIME OF DAY VIOLATION (See Section IV - page 9)
If, after receipt of this citation, you or your company violates the
Communications Act or the Commission's rules in any manner described
herein, the Commission may impose monetary forfeitures not to exceed
$16,000 for each such violation or each day of a continuing violation.
RESPONDING TO THE CITATION
You may respond to this citation within 30 days from the date of this
letter either through (1) a written statement, (2) a teleconference
interview with the Commission's Telecommunications Consumers Division in
Washington, DC or (3) a personal interview at the closest Commission Field
Office. Your response should specify the actions that you are taking to
ensure that you do not violate the Commission's rules governing TCPA
violations, as described above.
If you would like to submit a written statement, including any supporting
documentation, send the response within 30 days of the date of this letter
to the address below. If you would like to arrange a teleconference
interview, please contact Al McCloud at (202) 418-2499. You should
schedule any interview to take place within 30 days of the date of this
letter.
Joshua Zeldis
Assistant Division Chief
Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission
445-12th Street, S.W., Rm. 4-A122
Washington, D.C. 20554
Reference EB-09-TC-436 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,
Joshua P. Zeldis
Assistant Division 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 or
prerecorded and autodialed telephone calls.. 47 U.S.C. S: 64.1200(a)(3);
Rules and Regulations Implementing the Telephone Consumer Protection Act
of 1991 - Junk Fax Protection Act of 2005, Report and Order and Third
Order on Reconsideration, 21 FCC Rcd 3787 (2006) (2006 TCPA Report and
Order).
We have attached 20 complaints at issue in this citation. The complaints
address alleged TCPA violation(s)that contain the telephone number(s)
800-513-1458 or 800-513-1497, which you or your business utilized during
the time period at issue.
Federal Communications Commission
3
3
Federal Communications Commission
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554