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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
MEXICO MARKETING, LLC )
d/b/a Canadian Travel )
d/b/a Patriot Travel )
d/b/a CancunAllInclusive.net )
d/b/a Cheap Tickets Cancun )
d/b/a International Resort Reservations )
File No.: EB-06-TC-130
d/b/a Cancun Adventures )
NAL/Acct. No.:
d/b/a cancunbestfares ) 200732170070
d/b/a cancunonsale.com ) FRN: 0016560401
d/b/a Choosecancun.com )
d/b/a Island Reef Resorts )
d/b/a Vacations, Inc. )
d/b/a Vacations IV )
d/b/a your cancun vacation )
d/b/a yourcancunvacation.com )
d/b/a Priceline Cancun )
)
FORFEITURE ORDER
Adopted: March 21, 2011 Released: April 12, 2011
By the Commission:
I. INTRODUCTION
1. In this Forfeiture Order ("Order"), we impose a monetary forfeiture in
the amount of $1,607,500 against Mexico Marketing, LLC ("Mexico
Marketing") 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 290 unsolicited advertisements
("junk faxes") to the telephone facsimile machines of 89 consumers.
II. BACKGROUND
2. This Order arises from three distinct Notices of Apparent Liability for
Forfeiture ("NALs") that were issued against Mexico Marketing. 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" except in certain limited
situations.
4. As the NALs discuss, the Enforcement Bureau ("Bureau") issued a junk
fax citation to Mexico Marketing on June 30, 2006, in response to one or
more consumer complaints alleging that Mexico Marketing had faxed
unsolicited advertisements. Mexico Marketing did not respond to this
citation. Subsequently, the Commission received numerous additional
complaints from consumers alleging that Mexico Marketing had faxed
unsolicited advertisements to them. These violations, which occurred after
the Bureau's citation, resulted in the issuance of three NALs against
Mexico Marketing: on July 31, 2007, December 28, 2007, and June 30, 2008.
The NALs ordered Mexico Marketing 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.
III. DISCUSSION
5. As with the citation, Mexico Marketing did not respond to the NALs.
Accordingly, we affirm our findings that Mexico Marketing violated the Act
and our rules on the 290 separate occasions listed in the Appendix.
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. If a consumer has
requested that the company stop sending facsimile messages, however, and
the company continues to send them, the Commission has previously
considered $10,000 per unsolicited fax advertisement to be the appropriate
forfeiture for such egregious violations. Here, twenty-nine consumers had
specifically requested that Mexico Marketing cease sending facsimiles.
Notwithstanding these requests, an additional fifty-five facsimiles were
sent to these consumers. Thus, we apply the $10,000 amount to each of
fifty-five of the apparent violations, and apply the $4,500 amount to the
remaining 235 violations. Since we have no evidence to suggest that the
proposed forfeiture should be reduced or cancelled, we hereby impose a
total forfeiture of $1,607,500 for Mexico Marketing'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
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 Mexico Marketing, LLC IS LIABLE FOR A MONETARY
FORFEITURE to the United States Government in the sum of $1,607,500 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), 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). Mexico Marketing,
LLC 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.
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
Mexico Marketing, Attention: Jerry Decker, Rigoberto Sotolongo, 5895
Carrier Drive, Orlando, FL 32819; 5850 Lakehurst Drive, #280, Orlando, FL
32819; P.O. Box 300245, Casselberry, FL 32730; 322 W. Newell St., Winter
Garden, FL 34787; P.O. Box 300039, Fern Park, FL 32730; 5439 International
Drive, Orlando, FL 32819; 5859 Carrier Drive, Orlando, FL 32819; and 7205
International Drive, Orlando, FL 32819.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
APPENDIX
Complainants and Violation Dates
Complainant received Violation Date(s)
facsimile solicitations
Bein, J. 3/13/07; 4/3/07; 4/6/07; 4/11/07; 4/16/07
Bice, J. 7/2/07
Burger, C. 7/12/07
Casey, A. 7/5/07
Church, M 2/8/07, 2/9/07
Cobb, A. (Cobb & 9/28/06
Associates, Ltd.
Conachan, S. 7/12/07
Crochet, D. 7/13/07
Cuevas, L. 9/6/06
Cullen, M. 7/5/07
10/30/06; 11/9/06; 12/8/06; 12/20/06;
1/15/07; 1/31/07; 2/6/07; 2/12/07; 2/16/07;
Davis, W. 2/28/07; 3/12/07; 3/16/07; 3/22/07; 3/28/07;
4/3/07; 4/9/07; 4/12/07; 4/17/07; 4/20/07;
4/25/07; 4/30/07;
Descombes, K. 5/3/07; 5/4/07
Duranty, M. 7/3/07
Formisano, J. 7/6/07
Forta, B. 7/3/07
Gaudreau, L (Foothill 11/06 (8 faxes); 12/06 (3 faxes)
Drilling, Inc.
Geisler, B. 7/10/07; 7/11/07; 7/12/07
Germann, S 7/5/07
Grdina, J. 8/7/06; 8/15/06; 8/24/06; 8/30/06
Grossman, R. 7/13/07
Hallikainen, H. 2/14/07
Hawkins, D. & D. 10/06 (12 faxes)
Hochhalter, L. 7/12/07
Hochstetler, D. 8/31/06
Jenkins, B. 8/29/06
Kahn, C. 3/12/2007
Kirschke, M. 7/10/07
Krul, G. 4/11/2007
Kulaski, W. (Kulaski 12/29/06; 1/3/07; 1/19/07
Realty)
Kurzman, D (Backroom 10/16/06
Sales)
Kuziela, T. 1/17/07
Lehner, J. 3/20/07; 3/26/07; 4/16/07
Lucas, R. 8/2/06; 8/21/06; 12/18/06; 1/10/07
Maelen, C. 3/30/07
Massey, C. 3/20/07; 3/22/07; 4/16/07; 4/18/07; 4/20/07
Maxwell, C. 4/11/2007
McMahan, N. (M. B. Kahn 9/06; 10/06 (2 faxes); 11/06; 1/07 (3 faxes)
Construction Co., Inc.)
Merlo, J. 7/7/07
Morrison, D (Rotations, 8/14/06; 8/22/06; 8/30/06; 2/22/07; 3/6/07;
Inc.) 3/12/07; 3/16/07; 3/26/07
Neumann, T. 8/20/06
Nicolais, R. 7/6/07
Norman, J. (Virginia 10/9/06
Literacy Foundation)
O'Connor II, R. 4/17/2007
Oglesby, D. 7/3/07; 7/11/07
Paulson, C. 3/9/2007
Schultz, B. 8/11/06
Schutze, J. 7/5/07
Sherrod, D. 3/30/07; 4/2/07; 4/26/07
Shill, K. 8/1/2006; 7/12/07
Sifert, A. 7/2/07; 7/9/07
Silver, A. 12/5/06
Steiness, J. 7/3/07
Stewart, J. 8/16/06 (2 faxes)
8/11/06; 8/23/06; 8/29/06; 9/9/06; 9/28/06;
10/5/06; 10/11/06; 10/23/06; 10/28/06;
11/2/06; 11/3/06; 11/14/06; 11/17/06;
11/24/06; 12/11/06; 12/12/06; 12/15/06;
Sutton, J. 12/21/06 (2 faxes); 12/28/06; 1/11/07;
1/17/07; 1/23/07; 1/29/07; 2/2/07; 2/8/07;
2/9/07 (2 faxes); 2/20/07; 2/23/07; 3/6/07;
3/12/07; 3/16/07; 3/21/07; 3/27/07; 3/28/07;
4/5/07; 4/10/07; 4/13/07; 4/18/07; 4/23/07;
4/25/07; 4/30/07; 5/3/07; 7/12/07
9/5/06; 9/12/06; 9/24/06; 9/26/06; 1/3/07;
Tilden, R. B. 1/9/07; 1/15/07; 1/19/07; 1/25/07; 1/31/07;
2/12/07; 3/29/07; 7/4/07; 7/11/07
10/11/06; 10/17/06; 10/23/06 (2 faxes);
10/30/06 (2 faxes); 11/6/07 (2 faxes);
11/13/06; 11/16/06; 11/24/06; 12/7/06 (2
faxes); 12/13/06; 12/19/06; 12/27/06; 1/4/07
Van Stavern, T. (2 faxes); 1/11/07 (2 faxes); 1/17/07 (2
faxes); 1/23/07 (2 faxes); 1/30/07; 2/6/07
(2 faxes); 2/9/07; 3/3/07; 3/5/07; 3/12/07
(2 faxes); 3/16/07; 3/22/07 (2 faxes);
3/28/07;
Wadley, W. 4/3/2007
Watson, M. 7/3/07
Yen, S. 7/1/07, 7/2/07
Zipp, B. 10/20/06
Complainant received facsimile
solicitations after requesting no Violation Date(s)
more be sent
10/27/06; 11/14/06; 11/17/06;
Agosto, W. 11/24/06; 12/6/07; 12/26/07;
1/8/07; 1/12/07; 1/24/07
Beach-Roberts, S. 7/16/07, 7/27/07
Boon, T. 7/11/07
Buijs, L 4/9/07; 4/10/07; 4/12/07
Burns, Jr., J. 5/4/2007
Clark, R. (Community Housing Group, 8/17/06
LLC)
Edwards, K. 8/4/06
Esposito, C. L. 12/26/06; 1/9/07
Esselman, C. (Eastern Modular 9/18/06
Transportation)
Friedman, I. 11/1/06; 11/7/06; 11/13/06;
11/17/06; 11/27/06; 12/1/06
Gordon, E. 7/2/07
Graves, D. 10/2/06
Harlan, C. 10/24/06
Johnson, M. 4/9/07; 4/23/07
Massey, S. 1/10/07; 1/16/07
McElhatton, J. 11/20/06
Miles, R. 7/3/07; 7/10/07; 7/16/07
Murphy, B. (Packaging & Shipping 9/20/06
Group, Inc.)
Muscat, L. 8/26/06; 9/11/06
Nash, V 7/16/07
North, M. (Lynux Works, Inc.) 1/24/07
Pendergrass, C. 3/14/07
Sonju, E. 1/31/07
Stein, A. 3/26/07; 4/2/07; 4/6/07
Steiness, J. 7/10/07
Storlid, S. (Natural Resources 9/8/06
Consulting, Inc.)
Uttomark, T. 3/27/07; 4/12/07
Wilson, D. 9/6/06
Zapata, J. (Stern Capital, LLC) 9/27/06; 10/3/06
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).
47 U.S.C. S: 227.
47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3).
Mexico Marketing LLC, Notice of Apparent Liability for Forfeiture, 22 FCC
Rcd 14196 (2007)("First Junk Fax NAL"); Mexico Marketing LLC, Notice of
Apparent Liability for Forfeiture, 22 FCC Rcd 22218 (2007)("Second Junk
Fax NAL"); Mexico Marketing LLC, Notice of Apparent Liability for
Forfeiture, 23 FCC Rcd 10742 (2008)("Third Junk Fax NAL")(collectively
"NALs").
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, FCC, File No. EB-06-TC-130, issued
to Mexico Marketing, LLC on June 30, 2006 ("Junk Fax Citation").
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 and to applicants for any of those
listed instrumentalities for violations of the Act or of the Commission's
rules and orders).
See n.4, supra; see also 47 U.S.C. S: 503(b)(1).
While the NALs include violations committed by Travelcomm Industries, Inc.
("Travelcomm"), only the violations committed by Mexico Marketing are
included in the attached Appendix and used as the basis for this
forfeiture. We take no position at this time as to any liability Mexico
Marketing might have for Travelcomm's violations, or Travelcomm may have
for Mexico Marketing's violations. Violations committed by Travelcomm are
addressed in a separate forfeiture order. Travelcomm Industries, Inc., FCC
11-49 (2011).
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 16,837, 16,842 (2000); 21st Century Fax(es) Ltd., AKA
20th Century Fax(es), Notice of Apparent Liability for Forfeiture, 15 FCC
Rcd 24,406, 24,411 (2000).
See n.11, supra. The First and Second Junk Fax NALs include violations
committed by Travelcomm Industries, Inc. The attached Appendix includes
only those violations in the NALs committed by Mexico Marketing.
47 U.S.C. S: 504(a).
(...continued from previous page)
(continued....)
Federal Communications Commission FCC 11-48
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Federal Communications Commission FCC 11-48