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   Before the

                       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




                                FORFEITURE ORDER

   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

   Secretary

   ^ 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.
   2013).

   ^ 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)

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   Federal Communications Commission FCC 15-102

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   Federal Communications Commission FCC 15-102