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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                           )                               
                                                           
                           )                               
     In the Matter of          File No. EB-07-TC-1321      
                           )                               
     J. Daniel Chavez          NAL/Acct. No. 200832170008  
                           )                               
     d/b/a SOS Marketing       FRN: 0017275389             
                           )                               
                                                           
                           )                               


                                FORFEITURE ORDER

   Adopted: September 16, 2010 Released: September 28, 2010

   By the Commission:

   I. INTRODUCTION

   1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
   the amount of $257,500 against SOS Marketing ("SOS" or "Company") 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 fifty-six unsolicited advertisements to the
   telephone facsimile machines of at least forty-four consumers.

   II. BACKGROUND

   2. This Forfeiture Order arises from two distinct Notices of Apparent
   Liability that were issued against SOS. The facts and circumstances
   surrounding these cases 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."  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." There is, however, an exception to the Commission's rule that
   permits a party to deliver unsolicited advertisements to persons with whom
   it has an established business relationship if certain conditions are met
   (i.e., the sender obtained the number of the facsimile machine either (i)
   through a voluntary communication by the recipient directly to the sender
   within the context of the established business relationship, or (ii)
   through a directory, advertisement, or site on the Internet to which the
   recipient voluntarily agreed to make available its facsimile number for
   public distribution).

   4. On April 9, 2007, in response to one or more consumer complaints
   alleging that SOS had faxed unsolicited advertisements, the Enforcement
   Bureau ("Bureau") issued a citation to SOS, pursuant to section 503(b)(5)
   of the Act. The Bureau cited SOS 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 SOS 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 SOS 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. SOS did not request an
   interview or otherwise respond to the citation.

   5. Following the issuance of the citation, the Commission received at
   least forty-four complaints from consumers alleging that SOS faxed at
   least fifty-six 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 SOS, one on
   January 11, 2008, in the amount of $13,500, and one on May 30, 2008, in
   the amount of $244,000. The NALs ordered SOS to either 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. SOS did not respond to the
   NALs or pay the proposed forfeiture amounts.

   III. DISCUSSION

   6. Section 503(b) of the Act authorizes the Commission to assess a
   forfeiture for each violation of the Act or of any rule, regulation, or
   order issued by the Commission under the Act by a non-common carrier or
   other entity not specifically designated in section 503 of the Act. The
   maximum penalty for such a violation is $11,000 for a violation occurring
   before September 2, 2008, and $16,000 for a violation occurring on or
   after September 2, 2008. In exercising such authority, we are to take into
   account "the nature, circumstances, extent, and gravity of the violation
   and, with respect to the violator, the degree of culpability, any history
   of prior offenses, ability to pay, and such other matters as justice may
   require."

   7. Although the Commission's Forfeiture Policy Statement does not
   establish a base forfeiture amount for violating the prohibition against
   using a telephone facsimile machine to send unsolicited advertisements,
   the Commission has previously considered $4,500 per unsolicited fax
   advertisement to be an appropriate base amount. In the NAL, we applied
   that base amount to each of fifty-five of the apparent violations. In
   addition, where the consumer requests the company to stop sending
   facsimile messages, and the company continues to send them, the Commission
   has previously considered $10,000 per unsolicited fax advertisement as the
   appropriate forfeiture for such egregious violations. Here, one consumer
   specifically requested that SOS cease sending facsimiles. Notwithstanding
   this request, an additional facsimile was sent to this consumer. Thus, we
   apply the $10,000 amount to that one apparent violation.

   8. SOS did not respond to the NALs or pay the proposed forfeiture amounts.
   SOS has failed to identify facts or circumstances to persuade us that
   there is a basis for modifying the proposed forfeitures, and we are not
   aware of any mitigating circumstances that would warrant a reduction of
   the forfeiture penalties. For these reasons, and based on the information
   before us, we hereby impose a total forfeiture of $257,500 for SOS's
   willful and repeated violation of section 227 of the Act and the
   Commission's related rules and orders, as set forth in the NALs.

   IV. ORDERING CLAUSES

   9. 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 SOS Marketing IS LIABLE FOR A MONETARY FORFEITURE to
   the United States Government in the sum of $257,500 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.

   10. 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). SOS Marketing will
   also send electronic notification to Johnny.Drake@fcc.gov on the date said
   payment is made. 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. 

   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
   SOS Marketing, Attention: Jessie Gonzalez, 10303 Northwest Freeway, Suite
   350, Houston, TX 77092-8234.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

   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).

   SOS Marketing, Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 180
   (2008); and SOS Marketing, Notice of Apparent Liability for Forfeiture, 23
   FCC Rcd 9004 (2008) (collectively "NALs").

   47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3).

   See 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." See 47
   U.S.C. S: 227(a)(2); see also 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 Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-07-TC-1321, issued to
   SOS Marketing on April 9, 2007.

   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 address: SOS Marketing,
   10303 Northwest Freeway, Houston, TX 77092-8234.

   See n.2, supra; see also 47 U.S.C. S: 503(b)(1).

   Section 503(b)(2)(C) provides for forfeitures of up to $10,000 for each
   violation in cases not covered by subparagraph (A) or (B), which address
   forfeitures for violations by licensees and common carriers, among others.
   See 47 U.S.C. S: 503(b). In accordance with the inflation adjustment
   requirements contained in the Debt Collection Improvement Act of 1996,
   Pub. L. 104-134, Sec. 31001, 110 Stat. 1321, the Commission implemented an
   increase of the maximum statutory forfeiture under section 503(b)(2)(C)
   first to $11,000 and more recently to $16,000. See 47 C.F.R. S:1.80(b)(3);
   Amendment of Section 1.80 of the Commission's Rules and Adjustment of
   Forfeiture Maxima to Reflect Inflation, 15 FCC Rcd 18221 (2000)
   (forfeiture maximum for this type of violator set at $11,000); Amendment
   of Section 1.80(b) of the Commission's Rules and Adjustment of Forfeiture
   Maxima to Reflect Inflation, 19 FCC Rcd 10945 (2004) (amendment of section
   1.80(b) to reflect inflation left the forfeiture maximum for this type of
   violator at $11,000); Amendment of Section 1.80(b) of the Commission's
   Rules, Adjustment of Forfeiture Maxima to Reflect Inflation, 23 FCC Rcd
   9845 (2008) (amendment of section 1.80(b) to reflect inflation increased
   the forfeiture maximum for this type of violator to $16,000).

   See 47 U.S.C. S: 503(b)(2)(D); see also The Commission's Forfeiture Policy
   Statement and Amendment of Section 1.80 of the Rules to Incorporate the
   Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087, 17100-01 para.
   27 (1997) (Forfeiture Policy Statement), recon. denied, 15 FCC Rcd 303
   (1999).

   See  Get-Aways, Inc., Notice of Apparent Liability For Forfeiture, 15 FCC
   Rcd 1805 (1999); Get-Aways, Inc., Forfeiture Order, 15 FCC Rcd 4843
   (2000); see also US Notary, Inc., Notice of Apparent Liability for
   Forfeiture, 15 Rcd 16999 (2000); US Notary, Inc., Forfeiture Order, 16 FCC
   Rcd 18398 (2001); Tri-Star Marketing, Inc., Notice of Apparent Liability
   For Forfeiture, 15 FCC Rcd 11295 (2000); Tri-Star Marketing, Inc.,
   Forfeiture Order, 15 FCC Rcd 23198 (2000).

   See Carolina Liquidators, Inc., Notice of Apparent Liability for
   Forfeiture, 15 FCC 16837, 16842 (2000); 21st Century Fax(es) Ltd., AKA
   20th Century Fax(es), Notice of Apparent Liability for Forfeiture, 15 FCC
   Rcd 24406, 24411 (2000).

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

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   Federal Communications Commission FCC 10-169

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   Federal Communications Commission FCC 10-169