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Federal Communications Commission
Washington, D.C. 20554
) File No. EB-07-TC-13259
In the Matter of ) NAL/Acct. Nos. 200832170077 and
Clean Credit, Inc. ) 20093217009
) FRN: 0018140178
Adopted: September 16, 2010 Released: September 28, 2010
By the Commission:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of $139,500 against Clean Credit, Inc. ("Clean Credit") 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 31unsolicited advertisements, or
"junk faxes," to the telephone facsimile machines of at least 29
2. This Forfeiture Order arises from two distinct Notices of Apparent
Liability for Forfeiture that were issued against Clean Credit. The
facts and circumstances surrounding these cases are set forth in the
NALs and need not be reiterated at length.
3. The Telephone Consumer Protection Act of 1991 (TCPA) was enacted by
Congress to address problems of abusive telemarketing, in particular
junk faxes. As Congress recognized, unsolicited faxes often impose
unwanted burdens on the called party, including costs of paper and
ink, and making fax machines unavailable for legitimate business
messages. 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" unless the
sender has an established business relationship with the recipient.
4. As the NALs discuss, the Enforcement Bureau issued a junk fax citation
to Clean Credit on August 29, 2007, in response to one or more
consumer complaints alleging that Clean Credit had faxed unsolicited
advertisements. Clean Credit did not respond to this citation.
Subsequently, the Commission received numerous additional complaints
from consumers alleging that Clean Credit had faxed unsolicited
advertisements to them. These violations, which occurred after the
Bureau's citation, resulted in the issuance of two Notices of Apparent
Liability for Forfeiture against Clean Credit: on September 26, 2008,
in the amount of $13,500, and on December 19, 2008, in the amount of
$126,000. In total, the NALs cited Clean Credit for sending 31
unlawful, unsolicited fax advertisements to 29 consumers. The NALs
ordered Clean Credit either to pay the proposed forfeiture amounts
within thirty (30) days or to submit evidence or arguments to show
that no forfeitures should be imposed or that some lesser amounts
should be assessed.
5. As with the citation, Clean Credit did not respond to the NALs.
Accordingly, we affirm our findings that Clean Credit violated the Act
and our rules on 31 separate occasions. Since we have no evidence to
suggest that the proposed forfeiture should be reduced or cancelled,
we hereby impose a total forfeiture of $139,500 for Clean Credit's
willful or repeated violation of section 227 of the Act and the
Commission's related rules and orders, as set forth in the NALs.
I. 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),
that Clean Credit, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the
United States Government in the sum of $139,500 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 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). Clean Credit, 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 Clean Credit, Inc., Attn: Christopher Parks, 5332 S. Memorial
Drive, #100, Tulsa, OK 74145.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch Secretary
47 U.S.C. S: 227.
See also 47 U.S.C. S: 503(b)(1).
Clean Credit, Inc, Notice of Apparent Liability for Forfeiture, 23 FCC Rcd
13866 (Enf. Bur.2008) ("NAL 1"); Clean Credit, Inc, Notice of Apparent
Liability for Forfeiture, 23 FCC Rcd 18506 (2008) ( "NAL 2") (collectively
Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat.
2394, codified at 47 U.S.C. S: 227. See also Junk Fax Prevention Act of
2005, Pub. L. No. 109-21, 119 Stat. 359 (2005).
See, e.g., S. Rep. No. 1462, 102d Cong., 1st Sess. 2 (1991); H. Rep. No.
102-317, 102d Congress, 1st Sess. 10 (1991).
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-07-TC-13259, issued to
Clean Credit on August 29, 2007. For further details, see NAL 2,23 FCC Rcd
at 18507, para. 3.
See n.3, supra; see also 47 U.S.C. S: 503(b)(1).
47 U.S.C. S: 504(a).
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Federal Communications Commission FCC 10-165
Federal Communications Commission FCC 10-165