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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
)
File Nos.: EB-06-TC-913,
In the Matter of ) EB-07-TC-1691
Meridian Marketing Group ) NAL/Acct. No.: 200832170044
Inc.
) FRN: 0017629825
)
)
)
FORFEITURE ORDER
Adopted: November 3, 2010 Released: November 4, 2010
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 Meridian Marketing Group Inc. ("Meridian")
for willful and 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 advertisements to the
telephone facsimile machines of at least four consumers.
II. BACKGROUND AND DISCUSSION
2. 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.
3. 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." On October 20, 2006, in response
to one or more consumer complaints alleging that Meridian had faxed
unsolicited advertisements, the Enforcement Bureau ("Bureau") issued a
citation to Meridian, pursuant to section 503(b)(5) of the Act, for using
a telephone facsimile machine, computer, or other device to send
unsolicited advertisements, in violation of section 227 of the Act and the
Commission's related rules and orders. Soon thereafter, the Bureau staff
issued another citation to Meridian. Each citation informed Meridian that
within 30 days of the date of the citation, the company could either
request an interview with Commission staff, or provide a written statement
responding to the citations. On November 17, 2006 and July 11, 2007,
Meridian responded to the citations, claiming corrective measures had been
taken both to remove the complainants' phone numbers from call lists and
to train employees on faxing requirements.
4. Following the issuance of the citations, the Commission received at
least four complaints from consumers alleging that Meridian faxed at least
four unsolicited advertisements to them. These violations, which occurred
after the Bureau's citations, resulted in the issuance of a Notice of
Apparent Liability for Forfeiture against Meridian on April 4, 2008 in the
amount of $18,000. The NAL ordered Meridian either to pay the proposed
forfeiture amount within thirty (30) days or to 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. On April 15, 2008,
Meridian responded to the NAL.
5. Meridian claims that the phone number from which the faxes were sent
does not belong to the company, but the record shows otherwise. The phone
number at issue in the NAL, 1-800-736-3416, was identified by all of the
listed complainants as having been a contact number listed on the faxes at
issue, and information obtained from the relevant telephone carrier
indicates that Meridian is the subscriber for this number. In a March 11,
2008 response to a Commission request for information, PowerNet
Communications provided billing information for this number indicating
that a Meridian contact person was the end user for the number. Hence,
Meridian has failed to identify facts or circumstances to persuade us that
there is a basis for canceling the proposed forfeiture. For these reasons,
and based on the information before us, we hereby impose a total
forfeiture of $18,000 for Meridian's willful and repeated violation of
section 227 of the Act and the Commission's related rules and orders, for
the reasons set forth in the NAL.
III. ORDERING CLAUSES
6. 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, 0.311 of
the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Meridian
Marketing Group Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United
States Government for 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.
7. 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. 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). Meridian Marketing
Group 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.
8. 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
Meridian Marketing Group Inc., Attention: Patricia A. Anderson, President,
Mark R. Anderson, Vice President, 250 S. Ronald Reagan Boulevard, Suite
116, Longwood, FL 32750-5466.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
As in the Notice of Apparent Liability giving rise to this Forfeiture
Order (see note 3 below), all references herein to "Meridian" encompass
not only Meridian Marketing Group Inc., but also the principals and
officers of the company, and "Meridian Marketing Group."
47 U.S.C. S: 227.
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).
See Meridian Marketing Group Inc., Notice of Apparent Liability for
Forfeiture, 23 FCC Rcd 5687 (Enf. Bur. 2008).
47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3).
Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
Consumers Division, Enforcement Bureau, File No. EB-06-TC-913 issued to
Meridian Marketing Group Inc. on October 20, 2006.
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 47 U.S.C. S: 227.
Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
Consumers Division, Enforcement Bureau, File No. EB-07-TC-1691 issued to
Meridian Marketing Group Inc. on June 25, 2007.
Letter from Mark Anderson, to Kurt Schroeder, Deputy Chief,
Telecommunications Consumers Division, Enforcement Bureau, dated November
17, 2006 at 2 ("Meridian's Response to 2006 Citation"); Letter from Mark
Anderson, to Kurt Schroeder, Deputy Chief, Telecommunications Consumers
Division, Enforcement Bureau, dated July 11, 2007 at 1 ("Meridian's
Response to 2007 Citation")
See n.2 supra; see also 47 U.S.C. S: 503(b)(1).
Letter from Mark Anderson, Meridian Marketing Group, Inc., to Office of
the Secretary, Attn.: Enforcement Bureau, Federal Communications
Commission, dated April 15, 2008 ("Meridian's NAL Response").
Meridian's NAL Response at 1.
See E-mail from Dawn Glitz, Paralegal, PowerNet Global Communications, to
Latashia Middleton, Analyst, Telecommunications Consumers Division,
Enforcement Bureau, dated March 11, 2008. Commission staff had inquired
about the toll-free number at issue in the Junk Fax NALs, 1-800-736-3416,
and PowerNet Global's response indicated that that from April 3, 2006 to
March 2008, Mark Anderson of Meridian Marketing Group, 250 S. Ronald
Reagan Blvd., Longwood, FL 32750, was listed as the billing contact for
the number in the carrier's records.
47 U.S.C. S: 504(a).
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Federal Communications Commission DA 10-2057
2
Federal Communications Commission DA 10-2057