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                         Federal Communications Commission            DA 18-984 

                                   Before the 
                         Federal Communications Commission 
                              Washington, DC 20554  
 In the Matter of                       )                   
 Affordable Enterprises of Arizona, LLC.   )     File No.:  EB-TCD-17-00024974 
                             CITATION AND ORDER 
                      NATIONAL DO NOT CALL VIOLATIONS 
 Adopted:  September 26, 2018                          Released:  September 26, 2018 
By the Division Chief, Telecommunications Consumers Division: 
      1.    The Telecommunications Consumers Division (Division) of the Federal Communications 
Commission s Enforcement Bureau has identified Affordable Enterprises of Arizona, LLC (Affordable),1 
 as the originator of 45 illegal telemarketing calls.  This CITATION AND ORDER (Citation) notifies 
 Affordable that it violated the law by initiating telephone solicitations to subscribers who had registered 
 their telephone numbers on the National Do-Not-Call (DNC) Registry.  We therefore direct Affordable to 
 take immediate steps to comply with the Communications Act of 1934, as amended (Communications 
 Act or Act), the Telephone Consumer Protection Act (TCPA), and the Federal Communications 
Commission s (Commission or FCC) rules (Rules), which prohibit initiating telephone solicitations to 
residential telephone lines registered on the DNC Registry, with limited exceptions.  If, after receipt of 
 this Citation, Affordable fails to comply with these laws, it 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,2 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.3  Accordingly, 
Affordable is hereby on notice that it must comply with Section 227 of the Act and Section 64.1200 of the 
Rules.4   If Affordable subsequently engages in any conduct of the type this Citation describes and 
 1 Affordable operates under numerous names.  This Citation applies to each entity through which Affordable 
 operates, including but not limited to: Affordable Enterprises of AZ; Affordable Windows Plus Exteriors, LLC; 
 Affordable Bathrooms, LLC; Affordable Kitchens, LLC; Affordable Enterprises, LLC; Affordable Windows and 
 Home Renovations, LLC; Affordable Windows; and Affordable Windows of Tucson, LLC.  See Westlaw Clear 
 Report (detailing the various names through which Affordable operates); see Declaration of , March 
 12, 2018 (on file in EB-TCD-17-00024974) (  Declaration).  
 2 47 U.S.C.  503(b)(5). 
 3 See 47 U.S.C.  503(b)(5); see also 47 CFR  1.80(d).   
 4 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 
 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.  


                               Federal Communications Commission                        DA 18-984 

or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or 
services, which is transmitted to any person  subject to certain exceptions.27  The Rules apply to both 
 interstate and intrastate calls28 and cover both wireline and wireless subscribers.29 
        B.     Violations of the TCPA 
        10.    The Division discovered 45 complaints related to Affordable s unwanted telephone 
 solicitations to consumers whose residential numbers were listed on the DNC Registry.30  Affordable s 
 calls constituted telephone solicitations because the calls were to solicit customers for its home 
 improvement and remodeling services.31  Affordable did not have permission to call the complainants  
 numbers.32  Further, none of the complainants that the Division was able to reach divulged any facts that 
 would indicate that any of the TCPA s exceptions were applicable to Affordable s calls.   
        11.     Based on the record developed in this case, we find that Affordable initiated telephone 
 solicitations to residential telephone numbers listed on the DNC Registry in violation of Section 227(c) of 
 the Communications Act and Section 64.1200(c)(2) of the Rules. 
        12.     Affordable may respond to this Citation within 30 calendar days from the release date of 
 this Citation by a personal interview at the Commission Field Office nearest to Affordable s place of 
 business.33  Alternatively, Affordable may elect to respond by a written statement or a teleconference with 
the nearest Commission Field Office or Commission Headquarters in Washington, D.C.  The 
Commission Field Office nearest Affordable is located in Los Angeles, CA. 
        13.    If Affordable requests a teleconference or personal interview, contact Kristi Thompson at 
(202) 418-1318.  We note that such teleconference or interview must take place within 30 calendar days 
 27 47 CFR  64.1200(f)(14).  The term  telephone solicitation  does not include calls made (1) to any person that has 
provided prior express invitation or permission; (2) to any person with whom the caller has an established business 
relationship; or (3) by or on behalf of a tax-exempt nonprofit organization. See 47 CFR  64.1200(f)(14)(i)-(iii).   
 28 2003 TCPA Order, 18 FCC Rcd at 14063, paras. 80-81; see also 47 U.S.C.  152(b). 
 29 See 2003 TCPA Order, 18 FCC Rcd at 14039, para. 36 (stating there is a presumption that  wireless subscribers 
 who ask to be put on the national do-not-call list [are considered] to be  residential subscribers.  ).  The Commission 
 determined that interpreting  residential  to encompass wireless subscribers was  consistent with the overall intent 
 of the TCPA to allow wireless subscribers to benefit from the full range of TCPA protections.   Id.  Each of the nine 
 complainants that the Division was able to speak to confirmed that Affordable called a residential number.  See 
 supra para7.  
 30 See      Declaration at 1;      Declaration at 1. Each complainant that Division staff was able to reach 
 stated that his or her number was used for residential purposes.  See also supra note 29. 
 31 See supra note 27.  Affordable is a for-profit business.  According to Affordable s Articles of Organization with 
 the Arizona Corporation Commission, Affordable lists itself as an  overhead company  that provides  home 
 renovations.   See Arizona Corporation Commission, Articles of Organization, (last visited Sept. 20, 2018) (providing Arizona Corporation Commission 
 public filings for Affordable Enterprises).  
 32 See supra note 22.  The TCPA and Do-Not-Call regulations place the burden of compliance on telemarketers.  
Accordingly, and as the Commission has stated previously with respect to the TCPA, it is Affordable s 
responsibility to demonstrate that it had the requisite consent to make the calls.  See, e.g., Rules and Regulations 
Implementing the Telephone Consumer Protection Act of 1991, Declaratory Ruling, 23 FCC Rcd 559, 565, para. 10 
(2008) (concluding that  [s]hould a question arise as to whether express consent was provided, the burden will be on 
[the caller] to show it obtained the necessary prior express consent ).      
 33 See 47 U.S.C.  503(b)(5) (stating that a citation notice must give  reasonable opportunity for a personal 
 interview ). 

                         Federal Communications Commission            DA 18-984 

of the release date of this Citation.  If Affordable prefers to submit a written response with supporting 
documentation, send the response within 30 calendar days of the release date of this Citation to the 
contact and address provided in paragraph below. 
      14.   All written communications should be sent to the address below. 
                   Kristi Thompson, Chief 
                   Telecommunications Consumers Division 
                   Enforcement Bureau 
                   Federal Communications Commission 
                   445 12th Street, SW, Rm. 4-C220 
                   Washington, DC 20554 
                   Re: EB-TCD-17-00024974  
       15.   Upon request, the Commission will make reasonable accommodations for persons with 
 disabilities.  If applicable, Affordable should provide a description of the accommodation required, and 
 include as much detail as possible, and also provide a telephone number and other contact information.  
 Affordable should allow at least five business days advance notice; last minute requests will be accepted, 
 but may be impossible to fill.  Affordable should send an e-mail to or call the FCC s 
 Consumer & Governmental Affairs Bureau: 
      For sign language interpreters, CART, and other reasonable accommodations:  
      202-418-0530 (voice), 202-418-0432 (tty); 
      For accessible format materials (braille, large print, electronic files, and audio format 
      202-418-0531 (voice), 202-418-7365 (tty).   
      16.   We advise Affordable that it is a violation of Section 1.17 of the Rules34 for any person to 
make any false or misleading written or oral statement of fact to the Commission.  Specifically, no person 
             (1) In any written or oral statement of fact, intentionally provide material factual 
             information that is incorrect or intentionally omit material information that is necessary to 
             prevent any material factual statement that is made from being incorrect or misleading; 
             (2) In any written statement of fact, provide material factual information that is incorrect 
             or omit material information that is necessary to prevent any material factual statement 
             that is made from being incorrect or misleading without a reasonable basis for believing 
             that any such material factual statement is correct and not misleading. 
      17.   Further, the knowing and willful making of any false statement, or the concealment of 
any material fact, in reply to this Citation is punishable by fine or imprisonment.35  
      18.   Violations of Section 1.17 of the Rules or the criminal statute referenced above may 
result in further legal action, including monetary forfeitures pursuant to Section 503 of the Act. 
      19.   Finally, we warn Affordable that, under the Privacy Act of 1974,36 Commission staff will 
use all relevant material information before it, including information disclosed in interviews or written 

 34 47 CFR  1.17. 
 35 18 U.S.C.  1001. 
 36 5 U.S.C.  552a(e)(3). 

                         Federal Communications Commission            DA 18-984 

statements, to determine what, if any, enforcement action is required to ensure your compliance with the 
Act and Rules. 
      20.   If, after receipt of this Citation, Affordable again violates Section 227(c) of the Act and 
Sections 64.1200(c)(2) of the Rules by engaging in conduct of the type described herein, the Commission 
may impose sanctions for each such violation.  For example, the Commission may impose monetary 
forfeitures of up to $19,639 per violation of Section 227.37  Further, as discussed above, the Commission 
 may assess forfeitures on both the conduct that led to this Citation and the conduct following it.38   
      21.    IT IS ORDERED that a copy of this Citation shall be sent by first class mail and 
certified mail, return receipt requested, to Affordable Enterprises of Arizona, 150 E Alamo Drive, Suite 9, 
Chandler, AZ 85225-1208.                         
                                    FEDERAL COMMUNICATIONS COMMISSION 
                                     Kristi Thompson 
                                     Division Chief 
                                     Telecommunications Consumers Division 
                                     Enforcement Bureau 

 37 47 CFR  1.80.  See Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, 33 FCC Rcd 46 (EB 
 38 See supra para. 2.