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Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
AmericanWest Advertising LLC
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File No.: EB-TCD-12-00000307
NAL/Acct. No.: 201132170015
FRN: 0020675757
FORFEITURE ORDER
Adopted: January 9, 2015 Released: January 9, 2015
By the Chief, Telecommunications Consumers Division, Enforcement Bureau:
We impose a penalty of $18,000 against AmericanWest Advertising LLC (AmericanWest) for delivering four unsolicited, prerecorded advertising messages to consumers. Consumers have the right not to be bothered by prerecorded sales calls that they do not expect and have not agreed to receive. Congress took note of the especially intrusive nature of prerecorded calls -- or "robocalls" -- and authorized the Commission to adopt rules to ensure that consumers are protected from such automated calls. We hold AmericanWest accountable for its violations of these rules.
On March 22, 2011, the Enforcement Bureau (Bureau) issued a Notice of Apparent Liability for Forfeiture (NAL) proposing an $18,000 forfeiture against AmericanWest for willful and repeated violation of Section 227(b)(1)(B) of the Communications Act of 1934, as amended (Act) and Section 64.1200(a)(2) of the Commission's rules (Rules), as that section existed at the time of the violations, by delivering four prerecorded advertising calls to four consumers without either prior express consent or an established business relationship. AmericanWest has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture proposed in the NAL.
Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and Sections 0.111, 0.204, and 0.311 of the Rules, AmericanWest Advertising LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willfully and repeatedly violating Section 227(b)(1)(B) of the Act and Section 64.1200(a)(2) of the Rules, as that section existed at the time of the violations.
Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within fifteen (15) calendar days after the release date of this Forfeiture Order. If the forfeiture is not paid within the period specified, the case may be referred to the U.S. Department of Justice for enforcement of the forfeiture pursuant to Section 504(a) of the Act.
Payment of the forfeiture must be made by check or similar instrument, wire transfer, or credit card, and must include the NAL/Account Number and FRN referenced above. AmericanWest Advertising LLC shall send electronic notification of payment to Johnny Drake at johnny.drake@fcc.gov on the date said payment is made. Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be submitted. When completing the Form 159, enter the Account Number in block number 23A (call sign/other ID) and enter the letters "FORF" in block number 24A (payment type code). Below are additional instructions that should be followed based on the form of payment selected:
* Payment by check or money order must be made payable to the order of the Federal Communications Commission. Such payments (along with the completed Form 159) must be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit card information on FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment. The completed Form 159 must then be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
Any request for making full payment over time under an installment plan should be sent to: Chief Financial Officer - Financial Operations, Federal Communications Commission, 445 12th Street, SW, Room 1-A625, Washington, DC, 20554. Questions regarding payment procedures should be directed to the Financial Operations Group Help Desk by telephone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by first class mail and certified mail, return receipt requested, to Patrice Huth, Member, AmericanWest Advertising LLC, 2108 SW 152nd Street, Burien, WA 98116; Patrice Huth, 27020 9th Avenue South, Des Moines, WA 98198; and Patrice Huth, 27020 8th Avenue South, Des Moines, WA 98198.
FEDERAL COMMUNICATIONS COMMISSION
Richard A. Hindman
Chief, Telecommunications Consumers Division
Enforcement Bureau