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Federal Communications Commission
Washington, DC 20554
In the Matter of Travel Club Marketing, Inc. dba Diamond Vacations dba
Great Vacations Travellink Corp. Proven Results Direct Marketing Inc.
Direct Marketing Travel Services Incorporated Olen Miller ) ) ) ) ) ) ) )
) File No.: EB-TCD-12-00000265 NAL/Acct. No.: 201232170001 FRN: 0021255427
Adopted: August 6, 2015 Released: August 11, 2015
By the Commission:
1. We impose a penalty of $2,960,000 against Travel Club Marketing, Inc.
(Travel Club) dba Diamond Vacations and Great Vacations, Travellink
Corp., Proven Results Direct Marketing Inc., Direct Marketing Travel
Services Incorporated, and Olen Miller (collectively, the Travel Club
Parties) for violating the Telephone Consumer Protection Act (TCPA) by
making or initiating 185 unsolicited, prerecorded advertising messages
(a form of robocalls) to cell phones and residential telephone lines
belonging to 142 consumers. These consumers never agreed to receive
advertisements from the Travel Club Parties, never did any business
with these entities, and, in fact, overwhelmingly sought to prevent
such unwanted telephone solicitations by placing their telephone
numbers on the National Do-Not-Call Registry. The Commission has
adopted rules implementing the TCPA, and we hold the Travel Club
Parties accountable for their violations of these rules.
2. On October 31, 2011, the Commission issued a Notice of Apparent
Liability for Forfeiture (NAL) proposing a $2,960,000 forfeiture
against the Travel Club Parties^ for willful and repeated violation of
Sections 227(b)(1)(A)(iii) and 227(b)(1)(B) of the Communications Act
of 1934, as amended (Act),^ and Sections 64.1200(a)(1)(iii) and
64.1200(a)(2) of the Commission's rules (Rules) as those sections
existed at the time of the violations,^ by making or initiating 185
prerecorded advertising calls to 142 consumers without either prior
express consent or an established business relationship.^ None of the
Travel Club Parties challenged the finding that they made or initiated
the calls at issue, and, in fact, none even filed a timely response to
the NAL.^ Based on the information before us, we affirm the forfeiture
proposed in the NAL.
3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended (Act)^ and Section 1.80 of the
Commission's rules (Rules),^ Travel Club Marketing, Inc. dba Diamond
Vacations and Great Vacations, Travellink Corp., Proven Results Direct
Marketing Inc., Direct Marketing Travel Services Incorporated, and
Olen Miller ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE
in the amount of two million nine hundred sixty thousand dollars
($2,960,000) for willfully and repeatedly violating Sections
227(b)(1)(A)(iii) and 227(b)(1)(B) of the Act,^ and Sections
64.1200(a)(1)(iii) and 64.1200(a)(2) of the Rules as those sections
existed at the time of the violations.^
4. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) 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.^
5. 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. Travel Club Marketing, Inc., Travellink
Corp., Proven Results Direct Marketing Inc., and/or Direct Marketing
Travel Services Incorporated 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.
6. 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.
7. 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 Olen Miller, President, Travel Club Marketing, Inc., 5700 Memorial
Highway, Suite 210, Tampa, FL 33615; Olen Miller, President,
Travellink Corp., 5700 Memorial Highway, Suite 210, Tampa, FL 33615;
Olen Miller, President, Proven Results Direct Marketing Inc., 5700
Memorial Highway, Suite 210, Tampa, FL 33615; Olen Miller, President,
Direct Marketing Travel Services Incorporated 5700 Memorial Highway,
Suite 210, Tampa, FL 33615; and Olen Miller, 3909 W. Cleveland St.,
#124, Tampa, FL 33609.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
^ The investigation began under EB-10-TC-428 and EB-10-TC-473 and was
subsequently assigned File No. EB-TCD-12-00000265. Any future
correspondence with the Commission concerning this matter should reflect
the new case number.
^ Travel Club Marketing Inc., Notice of Apparent Liability for Forfeiture,
26 FCC Rcd 15831 (2011) (NAL). The NAL noted that the proposed forfeiture
penalty applied to the primary corporate entity, Travel Club Marketing,
Inc., along with the other entities that are captioned above and in the
NAL, as well as to "any other names used by Travel Club or its President
Mr. Olen Miller." NAL, 26 FCC Rcd at 15831, para. 1 n.1. Like the NAL,
this forfeiture order applies to all named entities and to Olen Miller aka
Okie Miller personally. All of the named businesses share the same address
and/or telephone number, and Mr. Miller, as a matter of public record is
the exclusive agent, and either the exclusive officer, or one of a pair of
officers, of all. As explained in the NAL, Mr. Miller "appears to be
engaged in creating and shutting down different business to conduct the
same or similar unlawful activities that led to the issuance of this NAL."
Id. at 15836, para. 14.
^ 47 U.S.C. S 227(b)(1)(A)(iii), (b)(1)(B).
^ At the time of the violations and when the NAL was issued, the
Commission's rules governing prerecorded calls to cell phones and to
residential lines were codified at 47 C.F.R. S 64.1200(a)(1)(iii) and S
64.1200(a)(2), respectively. Since then, the Commission has amended and
renumbered the provisions contained therein at 47 C.F.R. S
64.1200(a)(1)-(3). Rules and Regulations Implementing the Telephone
Consumer Protection Act of 1991, Report and Order, 27 FCC Rcd 1830 (2012)
(amending rules governing prerecorded advertising calls to require that
prior express consent to receive such calls must be in writing and to
remove the exemption for calls to residential telephone lines made under
an established business relationship).
^ The NAL includes a more complete discussion of the facts and history of
this case and is incorporated herein by reference. NAL, 26 FCC Rcd at
15833-36, paras. 5-14.
^ The Travel Club Parties failed to file a timely response to the NAL or
request an extension of time to respond to the NAL. It was not until
December 5, 2011(five days after the filing deadline) that the Commission
received a letter from Travel Club requesting an extension until December
15, 2011, to either pay the forfeiture penalty or file a response to the
NAL. Despite the Travel Club Parties' tardiness, the Enforcement Bureau
staff granted the request. Nonetheless, the Travel Club Parties again
missed the pertinent deadline. On December 21, 2011 (six days after the
extended filing deadline), the Commission received a response from Travel
Club "requesting a significant reduction of the proposed fine," which it
claimed "would cause significant harms to our company including total
corporate and financial dissolvement [sic] . . . ." Letter from Olen
Miller, Travel Club Marketing Inc, to FCC Enforcement Bureau (received
Dec.21, 2011) (on file in EB-TCD-12-00000265) (Miller Letter). Although
the Miller Letter is dated December 14, 2011, within the extended filing
time frame, it was both postmarked and received by the Commission after
the extended deadline requested by Mr. Miller and granted by Commission
staff. Accordingly, we reject the Miller Letter as untimely. Moreover,
even if the Miller Letter had been timely, it is meritless--Mr. Miller
fails to provide any information or make any arguments whatsoever to
challenge the NAL findings regarding the Travel Club Parties' unlawful
robocalling or include any explanation regarding the inability-to-pay
claim, much less the type of detailed financial records specified in the
NAL as necessary to support such a claim. In fact, Mr. Miller does not
include any financial information whatsoever for two of the captioned
corporate entities. Moreover, the Travel Club Parties have continued to
make unlawful robocalls during the time that the NAL underlying this
Forfeiture Order has been pending, the fact of which militates against a
cancellation or reduction of the proposed forfeiture penalty. See Whisler
Fleurinor, Forfeiture Order, 28 FCC Rcd 1087, 1090, para. 9 (Enf. Bur.
^ 47 U.S.C. S 503(b).
^ 47 C.F.R. S 1.80.
^ 47 U.S.C. S 227(b)(1)(A)(iii), (b)(1)(B).
^ 47 C.F.R. S 64.1200(a)(1)(iii), (a)(2) (2003).
^ 47 C.F.R. S 1.80.
^ 47 U.S.C. S 504(a).
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ See 47 C.F.R. S 1.1914.
(Continued from previous page)
Federal Communications Commission FCC 15-102
Federal Communications Commission FCC 15-102