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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-02-TC-193
In the Matter of
) NAL/Acct. No. 200732170069
QuoteMaster USA, Ltd.
) FRN No. 0016773566
)
ORDER
Adopted: August 31, 2010 Released: September 27, 2010
By the Commission:
1. In this Order, we adopt the attached Consent Decree entered into
between the Federal Communications Commission ("Commission") and
QuoteMaster USA, Ltd. ("QuoteMaster"). The Consent Decree terminates an
investigation and Notice of Apparent Liability for Forfeiture ("NAL") by
the Commission against QuoteMaster for possible violations of section 227
of the Communications Act of 1934, as amended (the "Act") and the
Commission's related rules and orders regarding delivery of unsolicited
advertisements to the telephone facsimile machines of consumers.
2. The Commission and QuoteMaster have negotiated the terms of the Consent
Decree that resolve this matter. A copy of the Consent Decree is attached
hereto and incorporated by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree, which terminates the investigation and
cancels the NAL.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether QuoteMaster possesses the basic
qualifications, including those related to character, to hold or obtain
any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b)
of the Communications Act of 1934, as amended, the Consent Decree attached
to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED and the Notice of Apparent Liability for Forfeiture IS
CANCELLED.
7. IT IS FURTHER ORDERED that all third-party complaints against
QuoteMaster before the Commission related to the
above-captioned-investigation as of the date of this Consent Decree ARE
DISMISSED.
8. IT IS FURTHER ORDERED that QuoteMaster shall make its voluntary
contribution to the United States Treasury, as specified in the Consent
Decree, by credit card through the Commission's Revenue and Receivables
Operations Group at (202) 418-1995, or by mailing a check or similar
instrument payable to the Order of the Federal Communications Commission,
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 Federal Reserve Bank of New York, and account number
27000001. QuoteMaster will also send electronic notification on the date
said payment is made to Johnny.Drake@fcc.gov.
9. IT IS FURTHER ORDERED that pursuant to paragraph 9(m) of the Consent
Decree, QuoteMaster will file reports with the Commission sixty (60) days
after the Effective Date, and every one hundred eighty days (180)
thereafter. QuoteMaster's reporting requirement shall end after the fifth
report is submitted to the Commission. All reports shall be submitted to
Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554.
10. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Frank G. Lamancusa, Esq., Counsel for QuoteMaster, Bingham
McCutchen, LLP, 2020 K Street NW, Washington, DC 20006-1806.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-02-TC-193
In the Matter of
) NAL/Acct. No. 200732170069
QuoteMaster USA, Ltd.
) FRN No. 0016773566
)
CONSENT DECREE
The Enforcement Bureau ("Bureau") and QuoteMaster USA, Ltd. ("QuoteMaster"
or the "Company"), by their authorized representatives, hereby enter into
this Consent Decree for the purpose of cancelling the Notice of Apparent
Liability ("NAL") and terminating the Bureau's investigation into whether
QuoteMaster violated section 227 of the Communications Act of 1934, as
amended (the "Act"), and the Commission's related rules and orders
regarding delivery of unsolicited advertisements to the telephone
facsimile machines of consumers.
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
S: 151 et seq.
b. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
c. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
d. "Company" means QuoteMaster USA, Ltd. and its predecessors-in-interest
and successors-in-interest.
e. "Complaints" means third-party complaints that may have been received
by, or are in the possession of, the Commission or Bureau alleging
violations of rules regarding delivery of unsolicited advertisements
via facsimile.
f. "Compliance Plan" means the program described in this Consent Decree
at paragraph nine (9).
g. "Effective Date" means the date on which the Commission releases the
Adopting Order.
h. "Established business relationship" is defined as a prior or existing
relationship formed by a voluntary two-way communication "with or
without an exchange of consideration, on the basis of an inquiry,
application, purchase or transaction by the business or residential
subscriber regarding products or services offered by such person or
entity, which relationship has not been previously terminated by
either party."
i. "Investigation" means the investigation initiated by the Bureau
regarding whether QuoteMaster violated section 227 of the Act, as
amended, and the Commission's related rules and orders regarding
delivery of unsolicited advertisements to the telephone facsimile
machines of consumers.
j. "QuoteMaster USA, Ltd." means QuoteMaster and its
predecessors-in-interest and successors-in-interest.
k. "NAL" means Notice of Apparent Liability for Forfeiture.
l. "Order" or "Adopting Order" means an Order of the Commission adopting
the terms of this Consent Decree without change, addition, deletion,
or modification.
m. "Parties" means QuoteMaster and the Commission.
n. "Rules" means the Commission's regulations found in Title 47 of the
Federal Regulations.
o. "Unsolicited advertisement" is defined in the Act and the Commission's
rules 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."
p. "Unsolicited Facsimile Rules" means the Commission's regulations found
in 47 C.F.R. S: 64.1200 of the Federal Regulations.
II. BACKGROUND
2. Pursuant to Section 227(b)(1)(C) of the Act 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 use any telephone
facsimile machine, computer, or other device to send, to a telephone
facsimile machine, an unsolicited advertisement." The term "unsolicited
advertisement" is defined in the Act and the Commission's rules 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." Under the Commission's rules, an "established business
relationship" exception permits a party to deliver a message to a consumer
if the sender has an established business relationship with the recipient
and the sender obtained the number of the facsimile machine through the
voluntary communication by the recipient, directly to the sender, within
the context of the established business relationship, or through a
directory, advertisement, or a site on the Internet to which the recipient
voluntarily agreed to make available its facsimile number for public
distribution.
3. On August 13, 2002, in response to one or more consumer complaints
alleging that QuoteMaster had faxed unsolicited advertisements, the
Enforcement Bureau ("Bureau") issued a citation to QuoteMaster, pursuant
to section 503(b)(5) of the Act. The staff cited QuoteMaster for using a
telephone facsimile machine, computer, or other device, to send
unsolicited advertisements to a telephone facsimile machine, in violation
of section 227 of the Act and the Commission's related rules and orders.
The citation warned QuoteMaster 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 complaints that formed the basis of the
citation. The citation informed QuoteMaster that within 21 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.
QuoteMaster did not request an interview or otherwise respond to the
citation.
4. On August 14, 2007, the Commission issued a Notice of Apparent
Liability for Forfeiture ("NAL") proposing that QuoteMaster be held liable
for a forfeiture of $43,500 under section 503(b)(1)(B) of the Act, and
ordered the Company either to pay the proposed forfeiture or file a
written response within thirty (30) days of the NAL release date stating
why the proposed forfeiture should be reduced or canceled. QuoteMaster
responded to the NAL on September 27, 2007. In its response, QuoteMaster
indicates that it has severed its relationship with all fax advertisers
and that it no longer utilizes facsimile advertising and has not utilized
such advertising since September of 2006.
III. TERMS OF AGREEMENT
5. Adopting Order. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Commission by
incorporation of such provisions by reference in the Adopting Order
without change, addition, modification, or deletion.
6. Jurisdiction. QuoteMaster agrees that the Commission has jurisdiction
over it and the matters contained in this Consent Decree and has the
authority to enter into and adopt this Consent Decree.
7. Effective Date: Violations. The Parties agree that this Consent Decree
shall become effective on the date on which the FCC releases the Adopting
Order. Upon release, the Adopting Order and this Consent Decree shall have
the same force and effect as any other Order of the Commission. Any
violation of the Adopting Order or of the terms of this Consent Decree
shall constitute a separate violation of a Commission Order, entitling the
Commission to exercise any rights and remedies attendant to the
enforcement of a Commission Order.
8. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further expenditure of
public resources, the Commission agrees to terminate its investigation and
to cancel its NAL. In consideration for the termination of said
investigation and cancellation of the NAL, QuoteMaster agrees to the
terms, conditions, and procedures contained herein. The Commission
further agrees that in the absence of new material evidence, the
Commission will not use the facts developed in this investigation through
the Effective Date of the Consent Decree, or the existence of this Consent
Decree, to institute, on its own motion, any new proceeding, formal or
informal, or take any action on its own motion against QuoteMaster
concerning the matters that were the subject of the investigation. The
Commission also agrees that it will not use the facts developed in this
investigation through the Effective Date of this Consent Decree, or the
existence of this Consent Decree, to institute on its own motion any
proceeding, formal or informal, or take any action on its own motion
against QuoteMaster with respect to Quotemaster's basic qualifications,
including its character qualifications, to be a Commission licensee or
authorized common carrier or hold Commission authorizations.
9. Compliance Plan. For purposes of settling the matters set forth herein,
QuoteMaster agrees to implement a Compliance Plan related to future
compliance with the Act, the Commission's Rules, and the Commission's
Orders. The Plan will consist of the components delineated below:
a. Company shall not send or cause any advertisements to be sent on its
behalf by facsimile until the Compliance Program, as described herein,
has been implemented. Currently, Company does not conduct facsimile
advertising campaigns.
b. Prior to the commencement of a facsimile advertising campaign either
on its own or through another entity, Company will adopt written
policies and procedures for, at a minimum: complying with the
requirements of the Unsolicited Facsimile Rules; maintaining Company's
internal list of established business relationships; and managing,
creating, approving, and distributing to facsimile broadcasters lists
of potential customers and facsimile numbers ("Fax Lists"). Company's
written policies and procedures shall be available upon request and
will be memorialized in a Compliance Manual, which will include the
following requirements:
i. All Fax Lists shall be based on Company's in-house list of established
business relationships ("Company's EBR List") and checked against a
version of the Company's in-house do-not-fax list ("Company's No-Fax
List") that has been updated not more than thirty (30) days prior to the
date of any facsimile sent on Company's behalf;
ii. No advertising facsimile campaign may be initiated on Company's behalf
without prior written authorization from Company confirming that the Fax
Lists have been based on Company's EBR List and checked against Company's
No-Fax List;
iii. The facsimile broadcaster shall generate and transmit to Company on a
daily basis compliance reports containing data on all unsolicited
facsimile complaints and requests received by such vendor; and
iv. Each advertising facsimile campaign shall be monitored for compliance
by Company through the audit procedures described in Paragraph (g), below.
c. Prior to the commencement of a facsimile advertising campaign either
on its own or through another entity, Company will provide the
Compliance Manual to all Company employees involved in advertising by
facsimile and all employees of facsimile broadcasters involved in
facsimile advertising on behalf of Company. Company shall require such
employees to acknowledge in writing that they have read, understand,
and will abide by the policies and procedures in the Compliance
Manual.
d. Prior to the commencement of a facsimile advertising campaign either
on its own or through another entity, Company will provide training to
all Company employees involved in advertising by facsimile and all
employees of facsimile broadcasters involved in facsimile advertising
on behalf of Company. The training will explain Company's policies and
procedures for advertising by facsimile and the Unsolicited Facsimile
Rules, including the requirements currently in effect and as revised
in the future. Company will require these employees to acknowledge in
writing that they have attended the training session and understand
and will abide by Company's policies and procedures. Company will
require new employees involved in advertising by facsimile to complete
such training within the first week of employment. Company will
require all employees to attend refresher training at least once a
year.
i. Company will distribute to employees involved in advertising by
facsimile and all employees of facsimile broadcasters involved in
facsimile advertising on behalf of Company written training material,
including but not limited to: Company's Compliance Manual; a "FAQs"
document providing answers to frequently asked questions about the
Unsolicited Facsimile Rules and the Company's No-Fax List; flow charts
depicting the process Company employees involved in advertising by
facsimile and all employees of facsimile broadcasters involved in
facsimile advertising on behalf of Company are required to follow when
receiving a No-Fax request or complaint, and a copy of Company's
written policy for complying with the Unsolicited Facsimile Rules and
maintaining the Company's No-Fax List.
ii. A training session given by the Company No-Fax Compliance Team will
explain Company's policies and procedures for telemarketing
compliance and permit those in attendance to ask questions about the
policies and procedures. Company will require all those in attendance
to acknowledge in writing that they have attended the training
session and understand and will abide by Company's policies and
procedures.
iii. Company will require all new employees involved in advertising by
facsimile and all employees of facsimile broadcasters involved in
facsimile advertising on behalf of Company to complete such training
within the first week of employment. Company will require all such
employees to attend refresher training at least once a year.
e. Prior to the commencement of a facsimile advertising campaign, Company
will develop and implement a certification process for all its
employees and employees of third-party facsimile broadcasters who
perform advertising by facsimile on behalf of Company. Company will
require its own principal(s) and principals of third-party facsimile
broadcasters to certify on an annual basis that they acknowledge,
understand, and abide by all Company policies concerning the
Unsolicited Facsimile Rules. Such principals will also certify that
all sales managers, their supervisors, and staff have received copies
of all Company' policies concerning telemarketing within five (5)
business days of the certification and have been trained with respect
to Company's policies.
f. Company's contracts with third-party facsimile broadcasters will
provide that:
i. The third-party facsimile broadcaster shall comply with all applicable
federal unsolicited facsimile laws, rules, and requirements;
ii. The third-party facsimile broadcaster shall comply with Company's
policies and procedures set forth in Company's Compliance Manual and all
supplemental instructions from Company;
iii. The third-party facsimile broadcaster shall transmit to Company, on a
daily basis, reports that identify and provide data for each complaint or
request relating to unsolicited facsimiles; and
iv. Company will take appropriate action in the event that any third-party
facsimile broadcaster report, or any other source, establishes that a
third-party facsimile broadcaster has failed to follow its legal
obligations or Company's policies with respect to the Commission's
unsolicited facsimile rules. Violation of such legal obligations and
Company's policies shall be grounds for termination of the third-party
facsimile broadcaster's contract with Company.
g. Prior to the commencement of a facsimile advertising campaign, Company
will implement procedures to audit compliance with the Commission's
unsolicited facsimile rules prior to commencing such facsimile
advertising campaign. The audit compliance procedures will consist of:
i. Third-party facsimile broadcaster reports. Company will require its
third-party facsimile broadcasters to provide the Company No-Fax
Compliance Team with a daily written report containing data for each and
every complaint or request relating to unsolicited facsimiles received by
the third-party facsimile broadcaster.
ii. Customer care reports. Company will require a management-level
employee to provide a weekly report containing data for each and every
unsolicited facsimile complaint and request received by Company's customer
service representatives to the Company No-Fax Compliance Team.
iii. Facsimile campaign management reports. Company will require a weekly
report from the Company No-Fax Compliance Team be provided to the
Company's chief legal counsel summarizing the status of compliance for
each active facsimile marketing campaign, which report shall be based upon
the daily third-party facsimile broadcaster reports and weekly customer
care reports.
iv. Company will create a register that contains, in an orderly manner,
all compliance reports and agreements associated with each facsimile
advertising campaign. Company will designate a register manager, who will
be responsible for maintaining and updating the register.
h. Prior to the commencement of a facsimile advertising campaign, Company
will prepare and distribute an Escalation Alert document that will
identify the data criteria by which Company will evaluate third-party
facsimile broadcaster reports or customer care reports (see Paragraph
(g) above), and if such criteria are met, will trigger escalation of
the report to the next level of compliance management. The Escalation
Alert document will identify for each level of escalation the Company
manager (and an alternate) to whom such report shall be forwarded and
the minimum timeframe within which notification shall be made. The
Escalation Alert document will identify a clear path of successive
levels of escalation, which will ensure that Company can promptly
identify and respond to data indicating a failure or potential failure
of unsolicited facsimile compliance. The Escalation Alert process will
be administered by Company.
i. Company will continue to monitor unsolicited facsimile complaints and
will promptly investigate any unusual patterns that suggest
unauthorized facsimile advertising may be occurring.
j. Prior to the commencement of a facsimile advertising campaign, Company
will formally establish an internal process to promptly investigate
and resolve inquiries and informal complaints alleging unsolicited
facsimiles, as follows:
i. All written complaints forwarded by a government agency will be
investigated by or under the supervision of Company's legal
counsel.
ii. In all cases, except where not practicable, investigation will be
completed within thirty (30) days of Company's receipt of the
complaints.
iii. Investigation results for written complaints forwarded by a
government agency, to the extent those are requested, will be
included in a response to the agency at the close of the
investigation (typically within thirty (30) days from receipt of
complaint).
iv. Company will ensure that at least one member of Company's legal
counsel is specifically trained and responsible for handling
unsolicited facsimile complaints as those matters arise from both
the Company's facsimile advertising campaign or a facsimile
campaign conducted on its behalf by a third party, including up
to one hundred percent (100%) of this person's time as warranted.
Should one person be unable to handle such complaints within
thirty (30) days, Company will add additional responsible staff
as necessary.
v. All written complaints that Company receives directly from
consumers will be screened by Company's customer care staff and
those complaints that do not appear to involve collections actions
will be forwarded to Company's legal counsel.
k. Prior to the commencement of a facsimile advertising campaign, Company
will implement a communications program regarding compliance with the
Unsolicited Fax Rules directed toward both in-house marketing staff
and third-party broadcast facsimile companies with which it contracts.
This program will include regular reminders of its Compliance Program.
l. Company will take appropriate disciplinary action and/or require
supplemental training in the event that it discovers that any employee
responsible for facsimile advertising has failed to follow legal
obligations or Company's procedures with respect to the Unsolicited
Fax Rules. In the case of a knowing and intentional failure by an
employee of a facsimile broadcaster, Company will direct its third
party facsimile broadcaster to ensure that the employee no longer
performs facsimile advertising on Company's behalf. In the case of a
knowing and intentional failure by a Company employee, Company will
take such disciplinary action to the extent permitted.
m. Not later than sixty (60) days after the Effective Date, and every one
hundred eighty (180) days thereafter, Company will submit a written
report to the Bureau of its compliance with this Consent Decree,
including in the first report, its progress in implementing its
Compliance Program. Company's reporting obligation under this Consent
Decree will end after the fifth report is submitted to the Bureau.
n. Company will maintain and make available to the Bureau, within
fourteen (14) days of receipt of any specific request from the Bureau,
business records documenting its compliance with the terms and
provisions of this Consent Decree.
o. Should Company change its facsimile advertising policy, Company will
notify the Bureau in writing within thirty (30) days of any
modification to its Compliance Program.
10. Voluntary Contribution. QuoteMaster agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
$26,100. The payment will be made within thirty (30) days after the
Effective Date of the Adopting Order. The payment must be made by check
or similar instrument, payable to the Order of the Federal Communications
Commission. The payment must include the Account Number and FRN Number
referenced in the caption to the Adopting Order. 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 Federal Reserve Bank of New York, and account
number 27000001. QuoteMaster will also send electronic notification on the
date said payment is made to Johnny.Drake@fcc.gov.
11. Waivers. QuoteMaster waives any and all rights it may have to seek
administrative or judicial reconsideration, review, appeal or stay, or to
otherwise challenge or contest the validity of this Consent Decree and the
Order adopting this Consent Decree, provided the Commission issues an
Order adopting the Consent Decree without change, addition, modification,
or deletion. QuoteMaster shall retain the right to challenge Commission
interpretation of the Consent Decree or any terms contained herein. If
either Party (or the United States on behalf of the Commission) brings a
judicial action to enforce the terms of the Adopting Order, neither
QuoteMaster nor the Commission shall contest the validity of the Consent
Decree or the Adopting Order, and QuoteMaster shall waive any statutory
right to a trial de novo. QuoteMaster hereby agrees to waive any claims it
may otherwise have under the Equal Access to Justice Act, 5 U.S.C. S: 504
and 47 C.F.R. S: 1.1501 et seq., relating to the matters addressed in this
Consent Decree.
12. Severability. The Parties agree that if any of the provisions of the
Adopting Order or the Consent Decree shall be invalid or unenforceable,
such invalidity or unenforceability shall not invalidate or render
unenforceable the entire Adopting Order or Consent Decree, but rather the
entire Adopting Order or Consent Decree shall be construed as if not
containing the particular invalid or unenforceable provision or
provisions, and the rights and obligations of the Parties shall be
construed and enforced accordingly. In the event that this Consent Decree
in its entirety is rendered invalid by any court of competent
jurisdiction, it shall become null and void and may not be used in any
manner in any legal proceeding.
13. Subsequent Rule or Order. The Parties agree that if any provision of
the Consent Decree conflicts with any subsequent rule or Order adopted by
the Commission (except an Order specifically intended to revise the terms
of this Consent Decree to which QuoteMaster does not expressly consent)
that provision will be superseded by such Commission rule or Order.
14. Successors and Assigns. QuoteMaster agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
15. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties. The
Parties further agree that this Consent Decree does not constitute either
an adjudication on the merits or a factual or legal finding or
determination regarding any compliance or noncompliance with the
requirements of the Act or the Commission's Rules and Orders.
16. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
17. Paragraph Headings. The headings of the Paragraphs in this Consent
Decree are inserted for convenience only and are not intended to affect
the meaning or interpretation of this Consent Decree.
18. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
19. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed and
delivered, shall be an original, and all of which counterparts together
shall constitute one and the same fully executed instrument.
For: QuoteMaster USA, Ltd.
_____________ _________________________________
Date David Kleinhandler
President
For: Federal Communications Commission
______________ ________________________________
Date Marlene H. Dortch
Secretary
47 U.S.C. S: 227; see also 47 C.F.R. S: 64.1200.
47 U.S.C. S:S: 154(i), 503(b).
47 U.S.C. S: 227; see also 47 C.F.R. S: 64.1200.
47 C.F.R. S: 64.1200(f)(5).
47 U.S.C. S: 227; 47 C.F.R. S: 64.1200.
47 U.S.C. S: 227(a)(4); 47 C.F.R. S: 64.1200(f)(13).
47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3).
47 U.S.C. S: 227(a)(4); 47 C.F.R. S: 64.1200(f)(13).
An "established business relationship" is defined as a prior or existing
relationship formed by a voluntary two-way communication "with or without
an exchange of consideration, on the basis of an inquiry, application,
purchase or transaction by the business or residential subscriber
regarding products or services offered by such person or entity, which
relationship has not been previously terminated by either party." 47
C.F.R. S: 64.1200(f)(5).
See 47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3)(i), (ii).
Citation from Colleen Heitkamp, Chief, Telecommunications Consumers
Division, Enforcement Bureau, File No. EB-02-TC-193, issued to QuoteMaster
on August 13, 2002.
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).
Bureau staff mailed the citation to the following addresses: 36 W. 44th
St., Suite 1100, New York, NY 10036; 803 Pondside Dr., White Plains, NY
10607; and 180 Madison Ave., New York, NY 10016.
QuoteMaster USA, Ltd., Notice of Apparent Liability for Forfeiture, 22 FCC
Rcd 15918 (2007).
Letter from Frank G. Lamancusa, Counsel for QuoteMaster, to Colleen
Heitkamp, Chief, Telecommunications Consumers Division, Enforcement
Bureau, Federal Communications Commission, dated September 27, 2007.
Federal Communications Commission FCC 10-153
2
Federal Communications Commission FCC 10-153