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   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                 )                           
     In the Matter of                                                        
                                                 )   File No.: EB-10-TC-487  
     Teresa Goldberg                                                         
                                                 )   NAL/Acct. No.:          
     a/k/a Tammy Pocknett                            201232170004            
                                                 )                           
     d/b/a Software Training Company, Software       FRN: 0021522776         
     Business Management and  Software           )                           
     Managing Systems                                                        
                                                 )                           


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: February 23, 2012 Released: February 23, 2012

   By the Commission:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that Teresa Goldberg d/b/a Software Training Company apparently
       willfully and repeatedly violated Section 227(b)(1)(C) of the
       Communications Act of 1934, as amended (the Act), and Section
       64.1200(a)(3) of the Commission's rules,  by sending 27 unsolicited
       advertisements, or "junk faxes," to the telephone facsimile machines
       of 27 consumers. Based on the facts and circumstances surrounding
       these apparent violations, we find that Teresa Goldberg d/b/a Software
       Training Company is apparently liable for a forfeiture in the amount
       of $432,000.

   II. BACKGROUND

    2. The Telephone Consumer Protection Act of 1991 (TCPA) was enacted by
       Congress to address problems of abusive telemarketing, including junk
       faxes. 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 thus 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...."

    3. On December 20, 2010, in response to a consumer complaint alleging
       that Software Training Company had faxed an unsolicited advertisement,
       the Enforcement Bureau (Bureau) issued a citation to Software Training
       Company, pursuant to Section 503(b)(5) of the Act.  According to
       public records, "Software Training Company" is a fictitious business
       name owned by an individual, Teresa Goldberg, using the address 17127
       Clemons Drive, Encino, California. The fax that led to the citation
       offered two separate courses for "hands-on consulting and training" in
       using "QuickBooks," presented by "expert pro advisors." The Bureau's
       citation found that Software Training Company violated Section
       227(b)(1)(C) of the Act and Section 64.1200(a)(3) of the Commission's
       rules, and offered Software Training Company the opportunity to
       request an interview with Commission staff, or provide a written
       statement responding to the citation, within 30 days of the date of
       the citation. On December 30, 2010, Software Training Company
       responded to the citation, claiming that the company was "no longer
       active or in business" and that it had "no plan or resources to start
       the company again."

    4. Less than two months later, the Commission began to receive complaints
       indicating that "Software Business Management" and "Software Managing
       Systems" had faxed unsolicited advertisements to consumers. These
       subsequent faxes were in some respects identical to the fax that
       formed the basis of the citation to "Software Training Company," in
       that the faxes from "Software Business Management" and "Software
       Managing Systems" offered "two separate courses" for "hands-on
       consulting and training" in using "QuickBooks," presented by "expert
       pro advisors." To register for the offered services, the faxes
       directed recipients to call (800) 608-1905 or to visit
       www.software-business-management.com or
       www.software-managing-system.com.

    5. Based on our review of public records, "Software Business Management"
       and "Software Managing Systems" do not appear to exist as independent
       legal entities, nor do they appear to be registered fictitious
       business or other trade names for any individual or entity.
       Information provided at the "About Us" link at
       www.software-business-management.com, however, refers to "Software
       Business Management" as "Software Training Company":

   Software Training Company - About Us

   Founded in Miami, Florida, Software Training Company was established in
   1997.... Software Training Company is now a global company offering
   comprehensive hands-on training to the United States and Canada....
   Software Training Company strongly promotes hands-on training to insure
   students learn to utilize software to its fullest potential...."

   In addition, the carrier that administers the telephone number provided at
   the "Contact Us" link (800-608-1905)-which is the same number that the
   post-citation faxes direct recipients to call to register for the services
   offered-has identified the end user as "Software Training Company" at
   17127 Clemons Drive, in Encino, CA, with Richard Goldberg listed as the
   contact person. The carrier that administers one of the opt-out numbers in
   the post-citation faxes (800-578-0654) has identified the end user as
   having the same address as "Software Training Company," with Teresa
   Goldberg listed as the contact person.

   III. DISCUSSION

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

    6. We find that Teresa Goldberg d/b/a Software Training Company
       apparently violated Section 227(b)(1)(C) of the Act and Section
       64.1200(a)(3) of the Commission's rules by sending 27 unsolicited
       advertisements to the telephone facsimile machines of 27 consumers,
       identified in Appendix A. Each of these consumers has provided
       evidence that he or she received a junk fax from "Software Business
       Management" or "Software Managing Systems," without having provided
       authorization to send such faxes, and absent an established business
       relationship with Teresa Goldberg. As we have determined during the
       course of our investigation, "Software Business Management" and
       "Software Managing Systems" are nothing more than names through which
       Teresa Goldberg d/b/a Software Training Company operates.

    7. We base our determination that "Software Business Management" and
       "Software Managing Systems" are synonymous with Teresa Goldberg d/b/a
       Software Training Company on several factors. As explained above,
       Teresa Goldberg registered the fictitious business name "Software
       Training Company." Teresa Goldberg, Software Training Company,
       Software Business Management, and Software Managing Systems operate
       from the same address: 17127 Clemons Drive, Encino, California. While
       "Software Business Management" and "Software Managing Systems" do not
       appear to be registered fictitious or other trade names, they also do
       not appear to be incorporated or to have any other legal form of
       independent existence. Indeed, as explained above, the website
       www.software-business-management.com identifies itself as "Software
       Training Company"; the contact telephone numbers set forth in the
       faxes at issue in this NAL trace back to "Software Training Company";
       and the opt-out telephone number set forth in one of the faxes at
       issue in this NAL trace back to the 17127 Clemons Drive, Encino,
       California, with Teresa Goldberg listed as a contact person. We
       therefore find that "Software Business Management" and "Software
       Managing Systems" are simply alternate names used by Teresa Goldberg
       d/b/a Software Training Company to conduct the same business and
       perpetrate the same kinds of violations.

     A. Proposed Forfeiture

    8. After we have first issued a citation to an entity, as we have in this
       case, Section 503(b) of the Act authorizes the Commission to propose a
       forfeiture against that entity when it determines that such entity
       has, by subsequently engaging in conduct of the type described in such
       citation, 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 there
       is a "[r]epeated or continuous violation." Currently, the maximum
       penalty that the Commission may impose against an entity such as
       Software Training Company is $16,000 per violation.

    9. Applying these factors in the Act and the forfeiture guidelines, we
       propose the maximum penalty of $16,000 for each of 27 violations at
       issue in this NAL for a total proposed forfeiture of $432,000. We
       propose the maximum penalty in this case because Teresa Goldberg d/b/a
       Software Training Company appears not only to have repeatedly violated
       the prohibition against faxing unsolicited ads, but also to have done
       so intentionally and in an egregious manner. This is evidenced by the
       company's apparent attempt to deceive the Commission about the
       operating status of Teresa Goldberg d/b/a Software Training Company.
       As explained above, Richard Goldberg - a contact person for Teresa
       Goldberg d/b/a Software Training Company who also shares the same
       17127 Clemons Drive, Encino, California address- responded to the
       citation, claiming that the company was "no longer active or in
       business" and that it had "no plan or resources to start the company
       again."  Teresa Goldberg d/b/a Software Training Company continued to
       send unsolicited faxes, however, after making this claim, albeit under
       the guise of "Software Business Management" and "Software Managing
       System." The fact that the Commission began to receive complaints
       about such faxes less than two months after the Bureau issued its
       citation suggests that the claim that the company was "no longer
       active or in business" was either false or misleading, demonstrating a
       complete disregard for the Commission's authority and an intent to
       continue to violate the law.

   10. The response submitted by Teresa Goldberg d/b/a Software Training
       Company to the citation appears to have contained additional false
       information as well. The fax that formed the basis of the citation
       directed consumers to call 800-453-4220 to register for the advertised
       services, and Teresa Goldberg d/b/a Software Training Company
       contended in the December 30, 2010 citation response that this number
       "does not belong to us anymore." However, as recently as October 7,
       2011-nearly a year after Richard Goldberg, on behalf of Teresa
       Goldberg d/b/a Software Training Company, disavowed controlling the
       number-the carrier administering this number identified the end user
       as Software Training Company, located at 17127 Clemons Drive, Encino,
       CA, with Richard Goldberg as the contact person.

   11. As further support for imposing the maximum penalty against Teresa
       Goldberg d/b/a Software Training Company, we also observe that the
       Commission has previously directed a citation for junk fax violations
       to Teresa Goldberg. According to certain publicly available
       information, Teresa Goldberg is another name used by Tammy Pocknett,
       who owns the property located at the address used by "Software
       Training Company." In 2007, the Commission directed a citation to Ms.
       Pocknett on behalf of "Collection Elements" for junk fax violations.
       Teresa Goldberg a/k/a Tammy Pocknett is therefore aware of the
       restrictions relating to junk faxes, and the fact that Teresa Goldberg
       d/b/a Software Training Company has continued to send them under the
       names "Software Business Management" and "Software Managing Systems"
       strongly suggests an intentional disregard for section 227 and the
       Commission's rules prohibiting such conduct.

   12. The penalty we propose must take into account the repeated,
       intentional, and egregious nature of the violations apparently
       committed by Teresa Goldberg d/b/a Software Training Company. We
       therefore propose the maximum penalty of $16,000 per violation for
       each of 27 violations at issue in this NAL.

   IV. CONCLUSION

   13. We conclude that Teresa Goldberg d/b/a Software Training Company
       apparently violated Section 227(b)(1)(C) of the Act and Section
       64.1200(a)(3) of the Commission's rules, by using a telephone
       facsimile machine, computer, or other device to send 27 unsolicited
       advertisements to the 27 consumers identified in Appendix A. We
       further find that Teresa Goldberg d/b/a Software Training Company is
       apparently liable for a forfeiture in the amount of $432,000 for
       apparent violations of Section 227(b)(1)(C) of the Act and Section
       64.1200(a)(3) of the Commission's rules.

   V. ORDERING CLAUSES

   14. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Section 1.80 of the
       Commission's rules, that Teresa Goldberg d/b/a Software Training
       Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
       in the amount of $432,000 for willful and repeated violations of
       Section 227(b)(1)(C) of the Communications Act, and Section
       64.1200(a)(3) of the Commission's rules.

   15. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture, Teresa
       Goldberg d/b/a Software Training Company SHALL PAY the full amount of
       the proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   16. 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). Teresa Goldberg d/b/a Software
       Training Company shall 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, SW, 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.

   17. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       sections 1.80(f)(3) and 1.16 of the Rules. Any response 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.

   18. The Commission will not consider reducing or canceling a 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.

   19. 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 Teresa Goldberg d/b/a Software
       Training Company, 17127 Clemons Drive, Encino, CA 91436.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                   APPENDIX A

                   Complainants and Apparent Violation Dates


     Name of Complainant                           Date of Fax Receipt  

     A'Hearn, M.                                   2/24/11              

     Bell, D.                                      9/20/11              

     Benefield, R., Action Marine and Dive, Inc.   5/5/11               

     Bergey, R.                                    3/17/11              

     Blumenthal, M.                                8/9/11               

     Brown, K.                                     8/16/11              

     Brown, P.                                     6/14/11              

     Burger, M.                                    3/7/11               

     Carroll, L.                                   2/24/11              

     Cummiskey, S.                                 6/14/11              

     Cutler, E.                                    4/28/11              

     Davis, E.                                     3/30/11              

     Giveans, J.                                   7/5/11               

     Guerra, C.                                    5/5/11               

     Jacobson, B.                                  4/28/11              

     Johnson, W.                                   4/28/11              

     Kauffman, B.                                  9/14/11              

     McCarty, M.                                   3/7/11               

     Porter, J.                                    9/20/11              

     Rimedio, N.                                   8/9/11               

     Rockrise, S.                                  5/5/11               

     Sparks, H.                                    7/26/11              

     Szydlo, P.                                    2/24/11              

     Terlizzi, J.                                  5/5/11               

     Tilden, R.                                    3/17/11              

     Watson, T.                                    3/24/11              

     Williams, G.                                  7/26/11              


                                   APPENDIX B

                                Pre-Citation Fax

                                   APPENDIX C

                              Post-Citation Faxes

   As explained below, "Software Training Company" is a fictitious business
   name registered to the individual "Teresa Goldberg," and uses the address
   17127 Clemons Drive, Encino, California. Software Training Company,
   Fictitious Business Name Record, ID No. 20090624 7563, filed July 3, 2009,
   Westlaw RPCA-CA database available at http:// www.westlaw.com (last
   visited Jan. 26, 2012). "Teresa Goldberg" appears to be another named used
   by Tammy Pocknett, who owns the property located at the address used by
   Software Training Company. Los Angeles, California Real Property Tax
   Assessor Record, Parcel Number: 2292-020-007,  Westlaw Public Records -
   Real Property Records Combined database available at http://www.
   westlaw.com (last visited Jan. 26, 2012). As discussed infra, Ms.
   Goldberg/Pocknett now appears to use the names "Software Business
   Management" and "Software Training Systems" to carry out the business
   formerly conducted by "Software Training Company." Therefore, all
   references in this NAL to "Teresa Goldberg d/b/a Software Training
   Company" encompass the individual using the names Teresa Goldberg, Tammy
   Pocknett, Software Training Company, Software Business Management, and
   Software Management Systems, and using the address 17127 Clemons Drive,
   Encino, California.

   47 U.S.C. S: 227(b)(1)(C).

   47 C.F.R. S: 64.1200(a)(3).

   Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat.
   2394 (1991) (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).

   47 U.S.C. S: 227(b)(1)(C). The prohibition is subject to certain
   exceptions. For example, a person may fax an unsolicited advertisement if
   that person has an "established business relationship" (EBR) with the
   recipient, and the sender obtained the facsimile number from the recipient
   through voluntary communication in the context of an EBR, or from a
   directory, advertisement, or website on which the recipient voluntarily
   made available its facsimile number for public distribution. In addition,
   the unsolicited ad must notify the recipient of how to opt out of
   receiving future such ads, subject to certain requirements. Id. The
   Commission has adopted implementing rules. See 47 C.F.R. S: 64.1200(a)(3).

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

   Fictitious Business Name Record, ID No. 20090624 7563, filed July 3, 2009,
   Westlaw RPCA-CA database available at http:// www.westlaw.com, last
   visited Jan. 26, 2012.)

   See Appendix B.

   Citation from Joshua P. Zeldis, Assistant Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-10-TC-487, to Software
   Training Company, dated December 20, 2010.

   Letter from Richard Goldberg, Software Training Company, to Federal
   Communications Commission, dated December 30, 2010.

   See Appendix C attached hereto.

   See Appendix B and C.

   http://software-business-management.com/live_online_quickbooks_training_about.html
   (emphasis added).

   E-mail from David Guerrero, J2Global Communications, Inc. to Linda Simms,
   Analyst, Telecommunications Consumers Division, Enforcement Bureau, dated
   June 7, 2011 (responding to a Commission inquiry, J2Global Communications,
   Inc. confirmed that from May 1, 2010 to date of production, Richard
   Goldberg of Software Training Company, 17127 Clemons Drive, Encino, CA
   91436, was listed as the billing contact for the toll-free number
   800-608-1905 in the carrier's records).

   E-mail from Erik Schurke, VoiceNation, to Jermaine Haynes, Analyst,
   Telecommunications Consumers Division, Enforcement Bureau, dated October
   13, 2011 (responding to a Commission inquiry, VoiceNation confirmed that
   from June 1, 2010 to present, Teresa Goldberg, 17127 Clemons Drive,
   Encino, CA 90143, was listed as the billing contact for the toll-free
   number 800-578-0654 in the carrier's records).

   See supra note 7.

   47 U.S.C. S: 503(b)(5).

   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 17087, 17110
   (1997).

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

   47 U.S.C. S: 503(b)(2)(C). Section 503(b)(2)(C) provides for forfeitures
   of up to $10,000 for each violation in cases, as in the instant case,
   where the violation does not involve a Commission licensee or common
   carrier, among others. See 47 U.S.C. S: 503(b)(2)(C). 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). See also 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 an
   increase in the maximum forfeiture for this type of violation to $16,000).

   See supra note 14.

   See supra note 10.

   E-mail from David Guerrero, J2Global Communications, Inc. to Jermaine
   Haynes, Analyst, Telecommunications Consumers Division, Enforcement
   Bureau, dated October 7, 2011 (responding to a Commission inquiry,
   J2Global Communications, Inc. confirmed that from February 17, 2010 to
   October 7, 2011 (date of production), Richard Goldberg of Software
   Training Company, 17127 Clemons Drive, Encino, CA 91436, was listed as the
   billing contact for the toll-free number 800-453-4220 in the carrier's
   records).

   See, e.g., Los Angeles, California Real Property Tax Assessor Record,
   Parcel Number: 2292-020-007, Westlaw Public Records - Real Property
   Records Combined database available at  http://www. westlaw.com (last
   visited Jan. 26, 2012).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-07-TC-2584, to
   Collection Elements, ATTN: Tammy Pocknett, dated July 6, 2007.

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

   47 C.F.R. S: 1.80.

   47 U.S.C. S: 227(b)(1)(C).

   47 C.F.R. S: 64.1200(a)(3).

   47 C.F.R. S: 1.80.

   47 C.F.R. S:S: 1.80(f)(3), 1.16.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission FCC 12-23

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   Federal Communications Commission  FCC 12-23