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Federal Communications Commission
Washington, D.C. 20554
File No.: EB-07-TC-364
In the Matter of )
NAL/Acct. No.: 200932170962
Y Pay More )
Adopted: August 26, 2011 Released: August 29, 2011
By the Commission:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of $37,000 against Y Pay More 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
seven unsolicited advertisements to the telephone facsimile machines of
II. BACKGROUND AND DISCUSSION
2. 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.
3. Pursuant to section 503(b)(5) of the Act, the Enforcement Bureau
("Bureau") issued a junk fax citation to Y Pay More on March 7, 2007, in
response to one or more consumer complaints alleging that Y Pay More had
faxed unsolicited advertisements. Thereafter, the Commission received
additional complaints alleging that Y Pay More continued to engage in the
same conduct, and thus continued to violate section 227 of the Act and the
Commission's rules. These violations, which occurred after the citation,
resulted in the Bureau, pursuant to section 503(b)(1) of the Act, issuing
three Notices of Apparent Liability ("NAL") against Y Pay More: on
December 28, 2007, in the amount of $23,500; on July 1, 2008, in the
amount of $9,000; and on July 8, 2009, in the amount of $4,500. Each of
the NALs ordered Y Pay More either to pay the proposed forfeiture amount
within thirty 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.
4. As with the citation, Y Pay More did not respond to the NALs.
Accordingly, we affirm our findings that Y Pay More violated the Act and
our rules on seven 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 $37,000 for Y Pay More's willful and
repeated violation of section 227 of the Act, and section 64.1200(a)(3) of
the Commission's rules.
III. ORDERING CLAUSES
5. 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 Y Pay More IS LIABLE FOR A MONETARY FORFEITURE to the
United States Government in the sum of $37,000 for willfully and
repeatedly violating section 227(b)(1)(C) of the Communications Act, 47
U.S.C. S: 227(b)(1)(C), and section 64.1200(a)(3) of the Commission's
rules, 47 C.F.R. S: 64.1200(a)(3).
6. 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 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). Y Pay More shall 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.
7. 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 Y
Pay More, Attention: Roger Abraham, President/Owner, 1928 Balboa Street,
San Francisco, California 94121; Y Pay More, Attention: Roger Abraham,
President/Owner, 1804 Anastasia Drive, Brentwood, California 94513; and Y
Pay More, Attention: Roger Abraham, President/Owner, 1541 Solitude Way,
Brentwood, California 94513.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
47 U.S.C. S: 227.
47 C.F.R. S: 64.1200(a)(3).
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).
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, and are not an applicant for any
of those listed instrumentalities, for violations of the Act of the Act or
the Commission's rules and orders).
Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
Consumers Division, Enforcement Bureau, File No. EB-07-TC-364 issued to Y
Pay More on March 7, 2007.
47 U.S.C. S: 503(b)(1) (authorizing the Commission 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 Y Pay More, Notice of Apparent Liability for Forfeiture, 22 FCC Rcd
21894 (Enf. Bur. 2007); Y Pay More, Notice of Apparent Liability for
Forfeiture, 23 FCC Rcd 10328 (Enf. Bur. 2008); and Y Pay More, Notice of
Apparent Liability for Forfeiture, 24 FCC Rcd 8987 (Enf. Bur. 2009); see
also 47 U.S.C. S: 503(b)(1).
47 C.F.R. S: 64.1200(a)(3).
47 U.S.C. S: 504(a).
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Federal Communications Commission FCC 11-128
Federal Communications Commission FCC 11-128