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                                                                                                                              Federal Communications Commission                                                                                                                           DA 18-1291 
                                                                                                                                                                    Before the 
                                                                                                                              Federal Communications Commission 
                                                                                                                                                  Washington, DC 20554  
                                          In the Matter of                                                                                                                     )                                         
                                          Emanuel “Manny” Hernandez;                                                                                                           )                                 File No.:  EB-TCD-17-00024357 
                                          Click Cash Marketing, LLC; and                                                                                                       )                                     
                                          Rock Solid Traffic                                                                                                                   ) 
                                                                                                                                              CITATION AND ORDER 
                                                                                                        UNAUTHORIZED TEXT MESSAGE VIOLATIONS 
                                          Adopted:  December 21, 2018                                                                                                                                                                     Released:  December 21, 2018 
                                          By the Division Chief, Telecommunications Consumers Division : 
                                          I.                   INTRODUCTION 
                                                               1.                   The Telecommunications Consumers Division (Division) of the Federal Communications 
                                          Commission’s (Commission’s) Enforcement Bureau has identified Emanuel “Manny” Hernandez as the 
                                          originator of unsolicited text messages (robotexts).  This CITATION AND ORDER (Citation) notifies 
                                          Mr. Hernandez, Click Cash Marketing, LLC and Rock Solid Traffic (collectively, Hernandez), that 
                                          Hernandez violated the law by sending telemarketing text messages to numbers on the Do-Not-Call 
                                          registry (DNC).  We therefore direct Hernandez to comply with the Communications Act of 1934, as 
                                          amended (Communications Act or Act), including the Telephone Consumer Protection Act (TCPA), and 
                                          the Commission’s rules (Rules), which prohibit making calls to residential consumers who list their 
                                          numbers on the DNC.  If, after receipt of this Citation, Hernandez fails to comply with these laws, he may 
                                          be liable for significant fines. 
                                                               2.                   Notice of Duty to Comply With Law:  We issue this Citation pursuant to Section 
                                          503(b)(5) of the Communications Act,1 which states that the Commission may not impose monetary 
                                          forfeitures against non-regulatees who violate the Act or the Rules unless and until:  (a) the Commission 
                                          issues a citation to the violator; (b) the Commission provides the violator a reasonable opportunity to 
                                          respond; and (c) the violator subsequently engages in conduct described in the citation.2
                                          Hernandez is hereby on notice that he (and any entity through which he does business) must comply with 
                                          Section 227 of the Act and Section 64.1200 of the Rules.  If Hernandez subsequently engages in any 
                                          conduct of the type this Citation describes—violation of the Act or Rules that govern solicitations to 
                                          telephone numbers registered with the DNC3
                                                                                                                                                             —Hernandez may be subject to civil penalties, including but 
                                          not limited to substantial monetary forfeitures.4
                                                                                                                                                                     In assessing such forfeitures, the Commission may 
                                             47 U.S.C. § 503(b)(5). 
                                             See id. 
                                          3 See 47 U.S.C. § 227(c); 47 CFR § 64.1200(c)(2).  Section 227 was added to the Communications Act by the 
                                          Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat. 2394 (codified at 47 U.S.C. § 227), and 
                                          is most commonly known as the TCPA.  The TCPA and the Commission’s rules restrict a variety of practices that 
                                          are associated with telephone solicitation and the use of the telephone network to deliver unsolicited advertisements 
                                          or prerecorded or autodialed telephone calls. 
                                             This Citation is being issued to the individual, Mr. Hernandez, and the entities through which he conducted 
                                          business, Click Cash Marketing, LLC and Rock Solid Traffic.  Mr. Hernandez terminated Click Cash Marketing, 
                                          LLC corporate registration in summer 2016, several months prior to the violations in this Citation.  See infra para. 5.  
                                          Rock Solid Traffic, a lead generation tool created by Mr. Hernandez, appears to have no legal existence.  See id.  
                                           Federal Communications Commission                     DA 18-1291 
               consider both the conduct that led to this Citation and the conduct following it.  
               II.    BACKGROUND 
                      3.     The DNC is a list that the government maintains of people who have elected to not 
               receive telephone solicitations.   It is illegal for persons or entities, including advertisers and marketers, to 
               make marketing calls to telephone numbers listed on the DNC.  This prohibition includes both voice calls 
               and text messages.7  The Commission has held that the prohibitions in the TCPA and the Rules 
               encompass “both voice calls and text calls to wireless numbers including, for example, short message 
               service (SMS) calls . . . .”8  Text messaging has become a routine form of communication.  According to 
               one report, American consumers sent 1.66 trillion SMS messages in 2016.9  Unscrupulous marketers, 
               fraudsters, and other nefarious actors inundate consumers with unwanted text messages to perpetuate 
               schemes, in violation of the TCPA, and often causing great harm.10 
                      4.     The evidence indicates that Hernandez has flooded consumers with text messages that 
               advertise get-rich-quick schemes.  As explained in greater detail below, in October 2016 alone, 
               Hernandez sent telemarketing text messages to wireless phones of consumers, many of whom had listed 
               their numbers on the DNC. 11
                                          Hernandez’s robotexting campaigns violate the Communications Act and 
               the Rules.12 
                      A.     Hernandez’s Text Messaging Business 
                      5.     Mr. Hernandez is the founder and CEO of Click Cash Marketing, LLC,13 and describes 
               himself as a “Direct Response Marketer and Successful Entrepreneur with over 8 Years Experience 
               (Continued from previous page)                                                       
               Neither Click Cash Marketing, LLC nor Rock Solid Traffic are legal entities; therefore, we treat both as mere 
               business names of Mr. Hernandez and hold each jointly and several liable with Mr. Hernandez.  See infra para. 13. 
               5 See S. Rep. No. 95-580, 95th Cong., 1st Sess. at 9 (1977) (explaining that a person or entity that has been issued a 
               citation by the Commission that thereafter engages in the conduct for which the citation was issued, the subsequent 
               notice of apparent liability “would attach not only for the conduct occurring subsequently but also for the conduct 
               for which the citation was originally sent”) (emphasis added); see also 47 U.S.C. § 503(b)(2)(D) (“In 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, whit respect to the violator, the degree of culpability, any 
               history of prior offenses, ability to pay, and such other matters as justice may require.”). 
                See 47 CFR § 64.1200(c)(2). 
                See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278, 
               Declaratory Ruling and Order, 30 FCC Rcd 7961, 8020, para. 120 (2015) (2015 TCPA Order); Rules and 
               Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278, Report and 
               Order, 18 FCC Rcd 14014, 14115, para. 165 (2003) (2003 TCPA Order). 
               8 2003 TCPA Order, 18 FCC Rcd at 14115, para. 165.  The Commission affirmed this on multiple subsequent 
               occasions.  See Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and 
               Marketing Act of 2003, 19 FCC Rcd 15927, 15931, 15934, paras. 8, 17 (2004); 2015 TCPA Order, 30 FCC Rcd at 
               8016-17, para. 107. 
               9 CTIA, Annual Wireless Industry Survey, 
               (last visited Nov. 27, 2017).  This does not include the 277.9 billion multimedia messaging service (MMS) messages 
               sent during the same time period.  Id.  Whereas SMS is text only and limited to 160 characters, MMS enables the 
               user to send a variety of media, such as pictures and videos, as messages. 
               10 This type of text-based marketing is sometimes called “text spam” or “robotexting.” 
               11 The issuance of this Citation is timely because the Act only provides a statute of limitations for forfeitures.  See 47 
               U.S.C. § 503(b)(6)(B). 
               12 47 U.S.C. § 227(c); 47 CFR § 64.1200(c)(2). 
               13 Click Cash Marketing, About, (last visited Aug. 3, 2018).   
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 and counterfeit goods sales.  All of the complaints stated that the consumer did not request or authorize 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                the text messages.  Each complainant attested that his or her wireless number was used for a residential 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 purpose.  Division staff traced some of the text messages back to                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       , an Internet-based commercial text 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 messaging platform, that then identified the entities originating the text messages.19  One such entity was 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Click Cash Marketing, LLC.  The Division then subpoenaed the text messaging platform provider for all 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 of Hernandez’s text message records for October 2016.  Division staff cross-referenced seven of the 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                complaints with the October message detail records (MDRs).  The texts that consumers complained about 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                were advertisements for the following get-rich-quick schemes: