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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


     In the Matter of                                                        
                                             )                               
     Travel Club Marketing Inc.                                              
                                             )                               
     dba Travelink Corp                                                      
                                             )   File No. EB-10-TC-428       
     dba Proven Results Direct Marketing                                     
     Inc.                                    )   File No. EB-10-TC-473       
                                                                             
     dba Direct Marketing Travel Services    )   NAL/Acct. No. 201232170001  
     Inc.                                                                    
                                             )   FRN: 0021255427             
     dba Diamond Vacations                                                   
                                             )                               
     dba Great Vacations                                                     
                                             )                               
     Apparent Liability for Forfeiture                                       


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: October 31, 2011 Released: October 31, 2011

   By the Commission:

   I. INTRODUCTION

    1. In this  Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Travel Club Marketing Inc. ("Travel Club") has apparently
       willfully and repeatedly violated section 227(b)(1) of the
       Communications Act of 1934, as amended ("Communications Act" or "Act")
       and section 64.1200(a) of the Commission's rules by delivering 185
       unsolicited, prerecorded messages to 142 telephone numbers assigned
       either to cell phones or residential telephone lines.  Moreover, in
       the case of at least one of the prerecorded calls, Travel Club also
       apparently violated section 64.1601(e) of the Commission's rules,
       requiring that telemarketers transmit caller identification
       information. Based on the facts and circumstances surrounding Travel
       Club's apparent violations of the prohibitions against unsolicited,
       prerecorded messages, we find that Travel Club is apparently liable
       for a proposed forfeiture in the amount of $2,960,000.

   II. BACKGROUND

    2. The Telephone Consumer Protection Act of 1991 ("TCPA") was enacted to
       address problems of abusive telemarketing, including unsolicited
       prerecorded calls. Section 227(b)(1)(A)(iii) of the Communications Act
       and section 64.1200(a)(1)(iii) of the Commission's rules make 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 initiate calls using an automatic telephone dialing system
       or an artificial or prerecorded voice to, inter alia, any cellular
       telephone number. The Act and the rules provide exceptions when the
       call is made (1) for emergency purposes or (2) with the prior express
       consent of the called party.

    3. Separately, section 227(b)(1)(B) of the Act prohibits any person from
       initiating "any telephone call to any residential telephone line using
       an artificial or prerecorded voice to deliver a message without the
       prior express consent of the called party, unless the call is
       initiated for emergency purposes or is exempted by rule or order by
       the Commission . . . ." Section 64.1200(a)(2) of the Commission's
       rules provides exemptions to this prohibition for calls: 1) made for
       emergency purposes; 2) not made for a commercial purpose; 3) "made for
       a commercial purpose but [that do] not include or introduce an
       unsolicited advertisement or constitute a telephone solicitation;"  4)
       made to any person "with whom the caller has an established business
       relationship at the time the call is made;" or 5) "made by or on
       behalf of a tax-exempt nonprofit organization" (footnotes added).

    4. In addition, section 64.1601(e) of the Commission's rules requires
       telemarketers to transmit caller identification information.
       Telemarketers are specifically required to deliver caller ID
       information that permits consumers to make a do-not-call request
       during regular business hours.

    5. On July 29, 2010, and September 28, 2010, in response to consumer
       complaints concerning unsolicited prerecorded calls, the Enforcement
       Bureau ("Bureau") issued citations to Travel Club, pursuant to section
       503(b)(5) of the Act. Travel Club responded to the first citation by
       letter, dated September 7, 2010, over the signature of Olen Miller,
       stating that "Travel Club Marketing & Travelink Corp. are two (2)
       Florida Corporations that are deceased and are no longer functioning.
       . . . The primary function of these deceased businesses were
       marketing, travel services for timeshares and travel clubs to only
       business customers. Not residential or consumers." Further, the
       company asserted that it had "taken the proper measures in making sure
       that we have scrubbed our business list\leads against the Federal Do
       Not Call list and have removed any and all consumer & residential
       phone numbers. We have ceased on leaving all types of messages to
       businesses [sic]." Travel Club did not respond to the second citation.

    6. Despite the citations' warnings that subsequent violations could
       result in the imposition of monetary forfeitures, and Travel Club's
       claims that two of its businesses were "deceased" and that it had
       taken steps to remove residential numbers from its call lists, we have
       received 142 additional consumer complaints indicating that Travel
       Club continued to deliver unsolicited prerecorded calls to residential
       consumers and cell phones after the dates of the citations. These
       calls occurred from November 1, 2010 through October 11, 2011.

   III. DISCUSSION

          A. Apparent Violations of Section 227(b)(1) of the Act and the
             Commission's Rules Restricting Unsolicited Prerecorded Calls

    7. We find that Travel Club has apparently violated section
       227(b)(1)(A)(iii) of the Act and section 64.1200(a)(1)(iii) of the
       Commission's rules by delivering 144 unsolicited, prerecorded messages
       to 113 cellular telephone numbers. According to the complaints, these
       messages were not made either for an emergency purpose or with the
       prior express consent of the called party. Almost all of the
       complainants state that the messages promoted travel deals, vacation
       packages, free vacations, and time-shares. Based on the entire record,
       including the consumer complaints, we conclude that Travel Club has
       apparently violated section 227(b)(1)(A)(iii) of the Act and section
       64.1200(a)(1)(iii) of the Commission's rules by delivering 144
       unsolicited prerecorded messages to 113 cellular telephone numbers.

    8. We also find that Travel Club has apparently violated section
       227(b)(1)(B) of the Act and section 64.1200(a)(2) of the Commission's
       rules by delivering 41 unsolicited, prerecorded advertising messages
       to the residential telephone lines of 29 consumers. According to the
       complaints, these unsolicited, prerecorded messages were received at
       residential telephone lines, were not made for any emergency or
       non-commercial purposes, were not on behalf of a tax-exempt, nonprofit
       organization, and were commercial in nature. All complainants also
       indicated that they neither had an established business relationship
       with Travel Club nor gave Travel Club permission to deliver the
       unsolicited, prerecorded messages. Thus, these messages were not
       exempt from the prohibitions against delivery of unsolicited,
       prerecorded messages. As in the case of the calls to cell phones,
       these solicitations offered travel and vacation packages, and
       time-shares. The prerecorded messages at issue here therefore fall
       within the definition of an "unsolicited advertisement." Based on the
       entire record, including the consumer complaints, we conclude that
       Travel Club has apparently violated section 227(b)(1)(B) of the Act
       and section 64.1200(a)(2) of the Commission's rules by delivering 41
       unsolicited prerecorded advertising messages to the residential
       telephone lines of 29 consumers.

    9. We also find that Travel Club has apparently violated section
       64.1601(e) of the Commission's rules, which requires that
       telemarketers transmit caller identification information, including
       information that permits consumers to make do-not-call requests during
       regular business hours, on at least one occasion. One consumer who
       received a prerecorded solicitation to a residential phone also said
       that caller ID information for the call was blocked.

    B. Proposed Forfeiture

   10. After we have first issued a citation to a person, as we have in this
       case, section 503(b) of the Act authorizes the Commission to propose a
       forfeiture against that person when it subsequently determines that
       such person has willfully or repeatedly failed to comply with the Act,
       or any rule, regulation, or order issued by the Commission under the
       Act. Section 503(b)(2)(E) mandates that, "[i]n determining the amount
       of such a forfeiture penalty, the Commission or its designee shall
       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." Our forfeiture guidelines set
       forth the base amount for penalties for certain kinds of violations,
       and identify criteria, consistent with the section 503(b)(2)(E)
       factors, that may influence whether we adjust the base amount downward
       or upward. For example, we may adjust a penalty upward for
       "[e]gregious misconduct," an "[i]ntentional violation," or where the
       subject of an enforcement action has engaged in "[r]epeated or
       continuous violation." The maximum penalty for each such violation in
       the present case is $16,000.

   11. We propose the maximum penalty of $16,000 for each of Travel Club's
       185 apparent violations at issue in this NAL, for a total proposed
       forfeiture of $2,960,000. This penalty is based on the number of
       apparent willful, repeated violations involved, as well as Travel
       Club's apparent deceptive and evasive conduct, as explained below.

   12. The Commission has previously considered $4,500 per message to be an
       appropriate base amount for delivering an unsolicited, prerecorded
       message. The Commission's penalty structure for prerecorded call
       violations is based on its approach for "junk fax" violations - the
       sending of unsolicited advertisements via fax. Recently, we began to
       adjust upward the base forfeiture for multiple, repeated violations of
       the junk fax rules, finding that application of only the base
       forfeiture "has failed to deter the more persistent wrongdoers," and
       that as a result, "different and harsher penalties than those we have
       imposed in the past are appropriate for entities who engage in a
       significant number of violations." We find that we should continue to
       model our approach for violations of our prerecorded calls after that
       for junk fax rules, and thus will adjust upward the base forfeiture
       for multiple, repeated violations of our rules against prerecorded
       calls. The magnitude of the adjustment will depend on the facts we are
       presented with in each case.

   13. The magnitude of the adjustment we propose here is based not only on
       the number of multiple, repeated apparent violations at issue, but
       also, in the words of section 503(b)(2)(E), the "circumstances ... of
       the violation," the "culpability" of the violator, and "such other
       matters as justice may require." Travel Club has engaged in at least
       185 prerecorded call violations - after being warned through not one
       but two citations that its conduct was unlawful. This suggests that
       Travel Club consciously and deliberately disregarded - and therefore
       intentionally violated - Commission rules. In addition, as noted,
       Travel Club appears to have violated not only our prerecorded call
       rules, but also certain of our caller identification rules. 

   14. Moreover, Travel Club's response to the citation appears to have been
       deceptive, evasive, and misleading - if not completely false. As
       explained above, Travel Club claims in its 2010 response that "Travel
       Club Marketing & Travelink Corp. ... are deceased and no longer
       functioning [and] have been out of business since 2010 [so] you can
       rest assured that this type of violation will never happen again."
       Other facts suggest, however, that Travel Club became inactive as a
       legal matter much earlier, and that its unlawful activities have
       continued under different business names. Official records from the
       Florida Department of State Division of Corporations indicate that
       "Travel Club Marketing Inc.," with a mailing address of 5700 Memorial
       Highway in Tampa, and an officer and registered agent of "Olen
       Miller," became inactive in September 2008, and that "Travellink
       Corp.," with the same address, a principal of "Okie O. Miller," and a
       registered agent of "Olen Miller" became inactive in 2009. Just a few
       months before Travel Club Marketing Inc. became inactive, businesses
       by the name of "Direct Marketing Travel Services Inc." and "Proven
       Results Direct Marketing Inc." - with the same mailing addresses,
       officers, and registered agents as Travel Club Marketing Inc. and
       Travellink Corp. - appear to have been formed or reinstated. Proven
       Results Direct Marketing Inc., in turn, became inactive not long after
       Mr. Miller responded to our citation - and shortly thereafter we began
       to receive complaints about prerecorded calls from "Diamond Vacations"
       and "Great Vacations," apparently using a telephone number that we
       have established is assigned to "Travellink Corp." The fact that Mr.
       Miller, as the principal of Travel Club, appears to be engaged in
       creating and shutting down different businesses to conduct the same or
       similar unlawful activities that have led to the issuance of this NAL
       suggests a degree of culpability that our proposed forfeiture must
       reflect.

   15. Years before we began assessing upward adjustments for multiple,
       repeated violations of our "junk fax" rules, we imposed the statutory
       maximum forfeiture against an egregious violator of those rules,
       Fax.com.  Our decision to assess the maximum penalty there was based
       on the fact "that Fax.com's primary business activity itself
       constitutes a massive on-going violation of [the junk fax provisions
       of the Act and the Commission's rules], and Fax.com is well aware of
       this fact." The Commission in the NAL explained that Fax.com's
       business was a fax broadcasting service "that clearly does not comply
       with federal restrictions governing facsimile advertisements";
       explained how Fax.com had made deceptive, if not false, statements, to
       consumers, courts, and the Commission; and proposed a forfeiture based
       on nearly 500 instances of noncompliance. While the specific facts
       differ between Fax.com and the instant case, the two cases are similar
       in a few fundamental respects: the wrongdoers engaged in mass
       violations, undertook such violations intentionally, and were
       deceitful in their dealings with the Commission and the public. For
       these reasons, we find, as we did in Fax.com, that the statutory
       maximum per violation forfeiture is appropriate. As today's action
       shows, we intend to use the full extent of our forfeiture authority
       against entities who persist in violating our consumer protection
       rules - and we will not hesitate to impose the maximum penalty
       permitted by law in appropriate circumstances.

   IV. CONCLUSION

   16. We conclude that Travel Club Marketing Inc. apparently has violated
       section 227(b)(1) of the Act and section 64.1200(a) of the
       Commission's rules by delivering 185 unsolicited, prerecorded
       advertising messages to the 142 consumers identified in the
       Appendices, and apparently has violated section 64.1601(e) of the
       Commission's rules by failing to deliver caller identification
       information in the case of a call to at least one consumer. We further
       conclude that Travel Club Marketing, Inc. is apparently liable for a
       forfeiture in the amount of $2,960,000 for its apparent violations of
       section 227(b)(1) of the Act and section 64.1200(a) of the
       Commission's rules.

   V. ordering clauses

   17. 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 of the Commission's rules, 47 C.F.R. S: 1.80, that Travel
       Club Marketing Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR
       A FORFEITURE in the amount of $2,960,000 for willful and repeated
       violations of sections 227(b)(1)(A)(iii) and 227(b)(1)(B) of the
       Communications Act, 47 U.S.C. S: 227(b)(1)(A)(iii), 47 U.S.C. S:
       227(b)(1)(B), and sections 64.1200(a)(1)(iii) and 64.1200(a)(2) of the
       Commission's rules, 47 C.F.R. S:S: 64.1200(a)(1)(iii), 64.1200(a)(2).

   18. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
       Commission's rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture, Travel Club
       Marketing Inc. SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   19. 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). Travel Club 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.

   20. The response, if any, must be mailed both to: Marlene H. Dortch,
       Secretary, Federal Communications Commission, 445 12th Street, SW,
       Washington, DC 20554, ATTN: Enforcement Bureau - Telecommunications
       Consumers Division; and to Richard A. Hindman, Chief,
       Telecommunications Consumers Division, Enforcement Bureau, Federal
       Communications Commission, 445 12th Street, SW, Washington, DC 20554,
       and must include the NAL/Acct. No. referenced in the caption.
       Documents sent by overnight mail (other than United States Postal
       Service Express Mail) must be addressed to: Marlene H. Dortch,
       Secretary, Federal Communications Commission, Office of the Secretary,
       9300 East Hampton Drive, Capitol Heights, MD 20743. Hand or
       messenger-delivered mail should be directed, without envelopes, to
       Marlene H. Dortch, Secretary, Federal Communications Commission,
       Office of the Secretary, 445 12th Street, SW, Washington, DC 20554
       (deliveries accepted Monday through Friday 8:00 a.m. to 7:00 p.m.
       only). See www.fcc.gov/osec/guidelines.html for further instructions
       on FCC filing addresses.

   21. The Commission will not consider reducing or canceling a proposed
       forfeiture in response to a claim of inability to pay unless the
       petitioner submits: (1) federal tax returns for the most recent
       three-year period; (2) financial statements prepared according to
       generally accepted accounting practices; or (3) some other reliable
       and objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   22. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture  shall be sent by Certified Mail Return Receipt
       Requested and First Class mail to Travel Club Marketing Inc. dba
       Travelink Corp., Attention: Mr. Olen Miller, 3240 S. Dale Mabry Hwy.,
       Tampa, FL

   33629; 324 N. Dale Mabry Hwy., Tampa, FL 33609; and 5700 Memorial Hwy.,
   Tampa, FL 33615, and to Proven Results Direct Marketing, Inc., Attention:
   Olen Miller, 5700 Memorial Hwy., Tampa, FL 33615.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                   APPENDIX A

                        Complainants and Violation Dates


     Complainants who received unsolicited         Violation Date(s)         
     prerecorded messages at a cellular phone                                

     J. Compton                                    11/1/2010                 

     W. Strenger                                   11/1/2010                 

     T. Fitzsimmons                                11/2/2010                 

     R. Augenstein                                 11/2/2010                 

     B. White                                      11/04/2010                

     R. Boyle                                      11/8/2010                 

     G. On                                         11/8/2010                 

     S. Forslund                                   11/9/2010                 

     J. Brown                                      11/9/2010                 

     D. Boackle                                    11/9/2010                 

     R. McMullen                                   11/10/2010                

     D. Allen                                      11/11/2010 (3 messages)   

     L. Schuman                                    11/13/2010                

     J. Erickson                                   11/14/2010                

     L. Binder                                     11/15/2010                

     M. Glazer                                     11/16/2010                

     E. Vagnoni                                    11/16/2010                

     J. Pierce                                     11/16/2010                

     C. Hermoza                                    11/17/2010                

     S. Barron                                     11/17/2010                

     D. Cook                                       11/17/2010                

     N. Schrade                                    11/17/2010                

     J. Irby                                       11/18/2010                

     G. Williams                                   11/20/2010                

     A. Ferreira                                   11/22/2010                

     R. Ghaul                                      11/23/2010                

     T. Swanson                                    11/23/2010                

     S. Anderson                                   11/26/2010                

     R. McDonald                                   11/27/2010                

     J. Costaldi                                   11/27/2010                

     J. Wagg                                       11/18/2010 (2 messages);  
                                                   11/22/2010; 11/28/2010    

     J. Sims                                       11/30/2010                

     W. Gerhardt                                   11/30/2010                

     S. Bartlette                                  12/1/2010                 

     M. Summey                                     12/1/2010                 

     L. Knight                                     12/7/2010                 

     S. Eddy                                       12/9/2010                 

     B. Perry                                      12/7/2010; 12/9/2010      

     G. Yancey                                     12/11/2010                

     A. Taylor                                     12/15/2010                

     W. Nemath                                     1/6/2011                  

     S. Donahue                                    1/7/2011                  

     C. DeShazo                                    1/12/2011                 

     L. Pope                                       1/14/2011                 

     G. Baker                                      1/14/2011                 

     T. Wheeler                                    1/18/2011                 

     A. Grayson                                    1/19/2011                 

     R. Partin                                     1/4/2011; 1/7/2011;       
                                                   1/15/2011; 1/20/2011      

     T. Stephens                                   1/23/2011                 

     T. Fields                                     1/26/2011                 

     A. Hayes                                      2/2/2011                  

     R. Gilbert                                    2/4/2011                  

     C. Davis                                      2/4/2011                  

     B. Berry                                      2/4/2011; 2/8/2011        

     C. Braden                                     2/10/2011                 

     E. Lawrence                                   2/1/2011; 2/15/2011       

     J. Augustine                                  2/17/2011; 2/18/2011      

     T. Phillips                                   2/25/2011                 

     R. Thompson                                   2/27/2011                 

     C. Clemons                                    2/22/2011; 2/28/2011      

     G. Merkle                                     2/12/2011; 3/2/2011       

     L. Miller                                     3/3/2011                  

     I. Houser                                     3/7/2011; 3/17/2011       

     D. James                                      3/21/2011                 

     J. Hurd                                       3/21/2011 (3 calls)       

     C. Smith                                      3/17/2011; 3/18/2011;     
                                                   3/21/2011                 

     M. Friedel                                    2/17/2011; 3/17/2011;     
                                                   3/22/2011; 3/24/2011      

     I. Parker                                     4/4/2011                  

     J. Young                                      4/10/2011; 4/11/2011      

     M. Henderson                                  4/12/2011                 

     D. Snyder                                     4/18/2011; 4/19/2011;     
                                                   4/20/2011                 

     B. Boerner                                    4/26/2011; 4/28/2011 (2   
                                                   messages)                 

     B. Sheffron                                   5/4/2011                  

     D. Fowler                                     5/7/2011                  

     W. Cleveland                                  4/30/2011; 5/13/2011      

     M. Fares                                      5/13/2011                 

     E. Alford                                     5/18/2011                 

     K. Lolans                                     5/18/2011                 

     W. Malaise                                    5/18/2011                 

     B. Rawls                                      5/21/2011                 

     J. Koonce                                     5/23/2011                 

     M. Minor                                      5/24/2011                 

     B. Kramer                                     5/31/2011                 

     M. Wainwright                                 5/31/2011                 

     S. Likins                                     6/2/2011; 6/13/2011       

     J. Bledsoe                                    6/8/2011; 6/13/2011       

     J. Lambert                                    6/16/2011                 

     M. Marcinko                                   6/16/2011                 

     D. Herrera                                    6/18/2011                 

     H. Stauffer                                   6/21/2011                 

     B. Joffrion                                   6/24/2011                 

     S. Purvis                                     6/24/2011                 

     A. Boerngen                                   7/1/2011                  

     C. Milbourne                                  7/6/2011                  

     G. Harris                                     7/14/2011                 

     L. Murray                                     7/21/2011                 

     C. Stiehl                                     7/21/2011                 

     D. Zimmerman                                  7/19/2011; 7/22/2011      

     T. Kimura                                     7/23/2011                 

     C. Clifton                                    7/28/2011                 

     A. Vazquez                                    8/15/2011                 

     C. Curtis                                     8/17/2011                 

     L. LaVecchio                                  8/17/2011                 

     K. Post                                       8/17/2011                 

     R. Squier                                     8/22/2011                 

     E. Sommerfeld                                 8/27/2011                 

     R. Smith                                      8/31/2011                 

     W. DuVall                                     9/1/2011                  

     J. Weeks                                      9/5/2011                  

     R. Pearce                                     9/27/2011                 

     C. Humphreys                                  10/5/2011                 

     R. Marsh                                      10/5/2011                 

     D. Cantor                                     10/11/2011                


                                   APPENDIX B

                        Complainants and Violation Dates


     Complainants who received unsolicited          Violation Date(s)        
     prerecorded messages at a residential phone                             

     T. Fox                                         1/5/2011                 

     M. Mandeville                                  1/10/2011                

     L. Perrigin                                    1/25/2011                

     J. LaPoint                                     2/8/2011                 

     D. Goodwin                                     3/1/2011                 

     P. Szydlo                                      3/1/2011; 3/3/2011       

     E. Eck                                         3/3/2011                 

     C. Fonville                                    3/9/2011; 3/22/2011      

     J. Carmack                                     3/16/2011; 3/23/2011     

     B. Veenstra                                    5/19/2011                

     G. Bumgardner                                  5/24/2011                

     C. Smith                                       5/31/2011                

     M. Robertson                                   6/1/2011                 

     S. Fountain                                    6/20/2011 (2 messages);  
                                                    6/21/2011 (2 messages)   

     J. Krohne                                      6/22/2011                

     W. Newman                                      7/2/2011                 

     K. Johnson                                     7/5/2011                 

     B. Koscher                                     7/11/2011                

     A. Nevelos                                     7/21/2011                

     S. Waters                                      8/3/2011 (2 messages)    

     D. Groth                                       8/24/2011                

     P. Fagley                                      9/1/2011                 

     C. Kariya                                      9/12/2011                

     E. Frierson                                    9/14/2011; 9/15/2011     

     M. Hillman                                     9/17/2011                

     J. Rinehart                                    9/24/2011 (3 messages);  
                                                    10/4/2011                

     F. Reynolds                                    9/27/2011; 9/28/2011     

     E. Moscicki                                    9/28/2011                


                                   APPENDIX C

                        Complainants and Violation Dates


     Complainant who received unsolicited prerecorded                        
     messages at a residential phone and also did not        Violation Date  
     receive Caller ID information                                           

     J. Wolfe                                                12/29/2010      


   According to publicly available information, Travel Club also appears to
   do business as, or use the names of, Travelink Corp., Proven Results
   Direct Marketing Inc., Direct Marketing Travel Services Inc., Diamond
   Vacations and Great Vacations. See infra para. 14. Therefore, all
   references in this NAL to "Travel Club Marketing Inc." or "Travel Club"
   encompass Travelink Corp., Proven Results Direct Marketing Inc., Direct
   Marketing Travel Services Inc., Diamond Vacations, Great Vacations, and
   any other names used by Travel Club or its President, Mr. Olen Miller as
   well. Travel Club has offices at 3240 S. Dale Mabry Hwy., Tampa, FL 33629,
   324 N. Dale Mabry Hwy., Tampa, FL 33609 and 5700 Memorial Hwy., Tampa, FL
   33615. Mr. Olen Miller, aka Mr. Okie Miller, is listed as the contact
   person for Travel Club. Accordingly, all references in this NAL to Travel
   Club Marketing Inc. or Travel Club also encompass the foregoing individual
   and all other principals and officers of this entity, as well as the
   corporate entity itself.

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

   47 C.F.R. S: 64.1601(e)(1).

   Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat.
   2394 (codified at  47 U.S.C. S: 227).

   47 U.S.C. S: 227(b)(1)(A)(i)-(iii); 47 C.F.R. S: 64.1200(a)(1)(i)-(iii).

   47 U.S.C. S: 227(b)(1)(A); 47 C.F.R. S: 64.1200(a)(1). See also 47 C.F.R.
   S: 64.1200(a)(1)(iv) (caller is not liable for call to wireless number,
   when call is voice call, not knowingly made to a wireless number, within
   15 days of porting from wireline, and number is not on national
   do-not-call registry or company-specific do-not call list).

   47 U.S.C. S: 227(b)(1)(B); 47 C.F.R. S: 64.1200(a)(2).

   An "unsolicited advertisement" is defined 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." 47 U.S.C. S:
   227(a)(5); 47 C.F.R. S: 64.1200(f)(13).

   A "telephone solicitation" is defined as "the initiation of a telephone
   call or message for the purpose of encouraging the purchase or rental of,
   or investment in, property, goods, or services, which is transmitted to
   any person, but such term does not include a call or message (A) to any
   person with that person's prior express invitation or permission, (B) to
   any person with whom the caller has an established business relationship,
   or (C) by a tax- exempt nonprofit organization. " 47 U.S.C. S: 227(a)(4).
   See also 47 C.F.R. S: 64.1200(f)(12).

   An "established business relationship" is defined as "a prior or existing
   relationship formed by a voluntary two-way communication between a person
   or entity and a residential subscriber with or without an exchange of
   consideration, on the basis of the subscriber's purchase or transaction
   with the entity within the eighteen (18) months immediately preceding the
   date of the telephone call or on the basis of the subscriber's inquiry or
   application regarding products or services offered by the entity within
   the three months immediately preceding the date of the call, which
   relationship has not been previously terminated by either party." 47
   C.F.R. S: 64.1200(f)(4). See also 47 U.S.C. S: 227(a)(2).

   47 C.F.R. S: 64.1200(a)(2).

   47 C.F.R. S: 64.1601(e). See also Truth in Caller ID Act of 2009, Pub. L.
   No. 111-331, 124 Stat. 3572 (2010) (codified at  47 U.S.C. S: 227(e)).

   47 C.F.R. S: 64.1601(e)(1).

   Citation from Joshua Zeldis, Assistant Division Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-10-TC-428, issued to
   Travel Club (July 29, 2010); Citation from Joshua Zeldis, Assistant
   Division Chief, Telecommunications Consumers Division, Enforcement Bureau,
   File No. EB-10-TC-473, issued to Travel Club (Sept. 28, 2010).

   See 47 U.S.C. S: 503(b)(5) (requiring the Commission to issue citations to
   persons who do not hold a license, permit, certificate, or other
   authorization issued by the Commission, or who are not an applicant for
   any of those listed instrumentalities, for violations of the Act or of the
   Commission's rules and orders).

   Letter from Olen Miller, Travel Club, File No. EB-10-TC-428, to Joshua
   Zeldis, Assistant Division Chief, Telecommunications Consumers Division,
   Enforcement Bureau (dated Sept. 7, 2010) ("Citation Response").

   Id.

   See Appendices A, B, and C for a listing of the consumer complaints
   against Travel Club requesting Commission action.

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

   See, e.g., complaint dated November 2, 2010 from R. Augenstein (stating
   that she had never done any business with the company, never made an
   inquiry or application to the company, and never gave permission for the
   company to make the call). The complaints involving prerecorded calls to
   cellular phones are listed in Appendix A below.

   Although some of the complaints state that the messages ostensibly offered
   free services or products, or are silent as to whether the call was
   commercial in nature, our finding of a violation remains the same. The
   fact that some calls appeared to offer free vacations does not change the
   commercial nature of these prerecorded calls. The Commission has
   previously found that "prerecorded messages containing free offers and
   information about goods and services that are commercially available are
   prohibited to residential telephone subscribers, if not otherwise
   exempted." Rules and Regulations Implementing the Telephone Consumer
   Protection Act of 1991, Report and Order, CG Docket No. 02-278, 18 FCC Rcd
   14014, 14097-98, para. 140 (2003). Furthermore, the complaints that failed
   to specify whether the call was commercial in nature were based on calls
   made to wireless devices and thus are prohibited under the Commission's
   rules regardless of whether the call was made for commercial purposes. See
   47 C.F.R. S: 64.1200(a)(1)(iii).

   47 U.S.C. S: 227(b)(1)(B); 47 C.F.R. S: 64.1200(a)(2).

   See 47 U.S.C. S: 227(a)(5); 47 C.F.R. S: 64.1200(f)(13). Supra note 9.

   See complaint dated December 29, 2010 from J. Wolfe (stating that "[t]he
   call history on my phone said that the origin number of the call was
   blocked. When I tried *57, it said that the number was untraceable or had
   call forward blocked.") In addition, the complainant reports difficulty
   making a do-not-call request when she finally was able to reach the
   company, stating that the first operator refused to record the do-not-call
   request "unless I gave her more information to verify that I `qualified'
   for the service they were trying to sell." This complaint is listed in
   Appendix C below.

   47 U.S.C. S: 503(b)(1)(B). See also 47 U.S.C. S: 503(b)(5) (the Commission
   may 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).

   47 U.S.C. S: 503(b)(2)(E).

   47 C.F.R. S: 1.80(b)(4) note. The absence of a particular type of
   violation from the forfeiture guidelines must "not be taken to mean that
   the violation is unimportant or nonexistent," and "the Commission retains
   discretion to impose forfeitures for other violations." Commission's
   Forfeiture Policy Statement, Report & Order, 12 FCC Rcd 17,087, 17,110
   (1997).

   47 C.F.R. S: 1.80(b)(4) note.

   Section 503(b)(2)(D) of the Act provides for forfeitures of up to $10,000
   for each violation by a person who is not a regulated entity such as a
   broadcast station licensee or common carrier. 47 U.S.C. S: 503(b)(2)(D).
   The Commission adjusts this amount for inflation. 47 C.F.R. S: 1.80(b)(5).
   The Commission has made such inflation adjustments and the current maximum
   forfeiture is $16,000 for each violation under section 503(b)(2)(D). 47
   C.F.R. S: 1.80(b)(5)(iii).

   See Warrior Custom Golf, Inc., Notice of Apparent Liability for
   Forfeiture, 19 FCC Rcd 23648, 23652 (2004) ("Warrior Custom Golf") (first
   NAL to address pre-recorded advertising messages); see also Septic Safety,
   Inc., Notice of Apparent Liability for Forfeiture, 20 FCC Rcd. 2179 
   (2005); Septic Safety, Inc., Forfeiture Order, 21 FCC Rcd 6868  (2006); 1
   Home Lending Corporation, d/b/a Capital Line Financial, LLC, Notice of
   Apparent Liability for Forfeiture, 21 FCC Rcd 11852  (2006); 1 Home
   Lending Corporation, d/b/a Capital Line Financial, LLC., Forfeiture Order,
   24 FCC Rcd 2888 (2009).

   Warrior Custom Golf, 19 FCC Rcd at 23652.

   Presidential Who's Who, Notice of Apparent Liability for Forfeiture, FCC
   11-95 (rel. June 13, 2011) ("Presidential Who's Who"); The Street Map Co.,
   Notice of Apparent Liability for Forfeiture, 26 FCC Rcd. 8318 (2011)
   ("Street Map"). See also Laser Technologies, Notice of Apparent Liability
   for Forfeiture, FCC 11-112 (rel. Jul. 18, 2011).

   47 U.S.C. S: 503(b)(2)(E).

   See supra note 25. Although we do not propose a specific penalty for the
   apparent caller identification rule violation because we have not
   previously cited Travel Club for such violations, section 503(b)(2)(E)
   empowers us to consider the presence of this additional apparent violation
   when assessing the penalty for the prerecorded call violations. See 47
   U.S.C. S: 503(b)(2)(E) ("In determining the amount of . . . a forfeiture
   penalty, the Commission . . . shall 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, .
   . . and such other matters as justice may require.") (emphasis added).
   Because Travel Club's apparent failure to comply with our caller
   identification rules is relevant to our assessment of the appropriate
   amount of forfeiture penalty, we may consider Travel Club's apparent
   caller ID violation in this proceeding. Indeed, the Commission has
   previously adjusted upward the base forfeiture for prerecorded call
   violations when they have been coupled with caller identification rule
   violations. See, e.g., Security First of Alabama, LLC, Notice of Apparent
   Liability for Forfeiture, 26 FCC Rcd 6490, 6493 (2011).

   Citation Response.

   The Commission and the courts have long stated that `[w]here the statutory
   purpose could . . . be easily frustrated through the use of separate . . .
   entities, the Commission is entitled to look through corporate form and
   treat the separate entities as one and the same for purpose of
   regulation.'"  Improving Public Safety Communications in the 800 MHz Band,
   Fifth Report and Order, Eleventh Report and Order, Sixth Report and Order,
   and Declaratory Ruling, 25 FCC Rcd 13874, 13887-88 (2010).  Further, "the
   Commission has treated affiliated entities collectively where necessary to
   ensure compliance with the Communications Act and Commission policies and
   regulations.  In the enforcement context, for example, the Commission has
   imposed a monetary forfeiture on a parent corporation for rule violations
   by a wholly owned subsidiary.  In other enforcement actions, the
   Commission has looked to the financial status of affiliates in deciding
   whether to reduce the amounts of monetary forfeitures imposed on
   corporations holding Commission licenses."  Id. at 13888 (footnotes
   omitted).

   See supra P: 12.

   Fax.com, Notice of Apparent Liability for Forfeiture, 17 FCC Rcd 15927
   (2002) ("Fax.com"), aff'd 19 FCC Rcd 748 (2004).

   17 FCC Rcd at 15938.

   Id. at 15938-15943.

   Although Security First also involved apparent violations of the
   provisions governing prerecorded calls and caller identification, we find
   Travel Club's conduct to be more egregious. Travel Club not only engaged
   in a much higher number of apparent violations, but, as noted, also
   pursued its conduct in a manner that appears intentionally designed to
   evade law enforcement and deceitful in terms of its interaction with the
   Commission.

   47 C.F.R. S: 1.80.

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