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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                               )                                 
                                                                 
                               )   File No. EB-06-TC-377         
     In the Matter of                                            
                               )   NAL/Acct. Nos. 200832170007,  
     Cost Crunch, Inc. d/b/a                                     
                               )   200832170078                  
     Talk Toolbox                                                
                               )   FRN: 0017275355               
                                                                 
                               )                                 


                                FORFEITURE ORDER

   Adopted: May 3, 2010 Released: May 5, 2010

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

   1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
   the amount of $22,500 against Cost Crunch, Inc. ("Cost Crunch") 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 five 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 Notices 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 September 11, 2006, in response
   to one or more consumer complaints alleging that Cost Crunch had faxed
   unsolicited advertisements, the Enforcement Bureau ("Bureau") issued a
   citation to Cost Crunch, pursuant to section 503(b)(5) of the Act  for
   using a telephone facsimile machine, computer, or other device, to send
   unsolicited advertisements for radios and low cost megaphones, in
   violation of section 227 of the Act and the Commission's related rules and
   orders. The citation informed Cost Crunch that within thirty (30) days of
   the date of the citation, it could either request an interview with
   Commission staff, or provide a written statement responding to the
   citation. Cost Crunch did not request an interview or otherwise respond to
   the citation.

   4. Following the issuance of the citation, the Commission received
   complaints from four consumers alleging that Cost Crunch faxed at least
   five unsolicited advertisements to them. These violations, which occurred
   after the Bureau's citation, resulted in the issuance of three Notices of
   Apparent Liability for Forfeiture against Cost Crunch on January 11, 2008,
   in the amount of $4,500; on June 12, 2008, in the amount of $13,500; and
   on September 26, 2008, in the amount of $4,500. The NALs ordered Cost
   Crunch either to pay the proposed forfeiture amounts within thirty (30)
   days or submit evidence or arguments in response to the NALs to show that
   no forfeitures should be imposed or that some lesser amounts should be
   assessed. Steve Markland, owner at Cost Crunch, responded to the January
   11, 2008, NAL stating that he had nothing to do with the alleged
   violation. Cost Crunch did not respond to the June 12, 2008, NAL or to the
   September 26, 2008, NAL.

   5. Cost Crunch did not substantively respond to any of the NALs and has
   accordingly failed to identify facts or circumstances to persuade us that
   there is a basis for modifying the proposed forfeitures. We are therefore
   not aware of any further mitigating circumstances sufficient to warrant a
   reduction of the forfeiture penalties. Based on the information before us,
   we hereby impose a total forfeiture of $22,500 for Cost Crunch's willful
   or repeated violation of section 227 of the Act and the Commission's
   related rules and orders, for the reasons set forth in the NALs.

   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 Cost Crunch,
   Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government
   in the sum of $22,500 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.

   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). Cost Crunch 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, DC  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. 

   11. 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
   Cost Crunch, Inc., d/b/a Talk Toolbox, Attn: Steve Markland, 115 Rexford
   Lane, Alpharetta, GA 30022; 135 Rexford Lane, Alpharetta, GA 30022; 1066
   Union Center Drive, Alpharetta, GA 30004; 1068 Union Center Drive,
   Alpharetta, GA 30004; 6625 Highway 53, Dawsonville, GA 30534; 1282
   Smallwood Dr. W, Suite 3, Waldorf, MD 20603 and 160 Starboard Way,
   Alpharetta, GA 30022 .

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

   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 Cost Crunch Inc., Notice of Apparent Liability for Forfeiture, 23 FCC
   Rcd 186 (Enf. Bur. 2008), Cost Crunch Inc., Notice of Apparent Liability
   for Forfeiture, 23 FCC Rcd 9240 (Enf. Bur. 2008), and Cost Crunch Inc.,
   Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 13872 (Enf. Bur.
   2008) (collectively "NALs").

   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-377, issued to
   Cost Crunch on September 11, 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 n.3 supra; see also 47 U.S.C. S: 503(b)(1).

   Letter from Steve Markland, Owner, Cost Crunch, to the Office of the
   Secretary, FCC, received February 19, 2008.

   47 U.S.C. S: 504(a).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 10-766

                                       3

   Federal Communications Commission DA 10-766