Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Security First of Alabama, LLC
)
)
)
)
)
File No.: EB-TCD-12-00000258
NAL/Acct. No.: 201132170017
FRN: 0020780128
FORFEITURE ORDER
Adopted: February 13, 2015 Released: February 18, 2015
By the Commission:
We impose a penalty of $342,000 against Security First of Alabama, LLC (Security First) for delivering 43 unsolicited, prerecorded advertising messages to 33 consumers. The Telephone Consumer Protection Act (TCPA) generally requires telemarketers to obtain a consumer's prior express consent before making calls using prerecorded voice messages. The Commission has adopted rules implementing the TCPA, and we hold Security First accountable for its violations of these rules.
On April 14, 2011, the Commission issued a Notice of Apparent Liability for Forfeiture (NAL) proposing a $342,000 forfeiture against Security First 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 43 prerecorded advertising calls to 33 consumers without either prior express consent or an established business relationship. Security First has not filed a timely 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 and Section 1.80 of the Rules, Security First of Alabama, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of three hundred forty-two thousand dollars ($342,000) 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. Security First of Alabama, 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, D.C. 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 Raul L. Baguer II, Member, Security First of Alabama, LLC, 4068 Crossings Lane, Birmingham, AL 35242; Raul L. Baguer II, Member, Security First of Alabama, LLC, 2308 Colony Park Dr., Birmingham, AL 35243; Raul L. Baguer II, Member, Security First of Alabama, LLC, 622 Cahaba River Parc, Birmingham, AL 35243; Security First of Alabama, LLC, c/o CSC-Lawyers Incorporating Service, 150 S Perry Street, Montgomery, AL 36104.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary