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                         Federal Communications Commission           FCC 18-134 

                                   Before the 
                         Federal Communications Commission 
                              Washington, DC 20554 
 
 In the Matter of                       )     
                                        )     
 Best Insurance Contracts, Inc., and    )    File No.:  EB-TCD-16-00023195 
 Philip Roesel, dba Wilmington Insurance Quotes ) NAL/Acct. No.:  201732170007 
                                        )    FRNs:  0026727396 (Best Insurance 
                                        )    Contracts, Inc.); 0026727446 (Roesel, dba 
                                        )    Wilmington Insurance Quotes) 
  
                              FORFEITURE ORDER 

 Adopted:  September 26, 2018                          Released:  September 26, 2018 
                                        
By the Commission:  Chairman Pai and Commissioner Rosenworcel issuing separate statements; 
Commissioner O Rielly approving in part, dissenting in part and issuing a statement.  
 
I.    INTRODUCTION 
      1.    We impose a penalty of $82,106,000 against Best Insurance Contracts, Inc. (BIC), and 
 Philip Roesel personally and doing business as Wilmington Insurance Quotes (collectively, Roesel), for 
 perpetrating an illegal spoofed robocall campaign involving more than 21 million robocalls during a 
 three-month period from late 2016 through early 2017 in violation of the Truth in Caller ID Act of 2009 
 (Truth in Caller ID Act) and the Commission s rules (Rules).  Caller ID is  spoofed  when it is 
 manipulated or altered to display anything other than the originating telephone number.1  The Truth in 
Caller ID Act and Rules prohibit any individual from spoofing caller ID information with the intent to 
 defraud, cause harm, or wrongfully obtain anything of value.  Accurate caller ID information allows 
 consumers to make informed decisions about which calls to accept, ignore, or block, and whether the 
 party on the other end of the phone line is reputable and deserving of their trust.  As technology has 
 advanced, the combination of spoofing and illegal robocalls has become much more pervasive and harder 
 to stop.   
       2.    The Commission released a Notice of Apparent Liability for Forfeiture (NAL) against 
 Roesel for apparently engaging in unlawful spoofing,2 and the Enforcement Bureau (Bureau) 
 simultaneously released a Citation and Order (Citation) finding that Roesel violated the Telephone 
 Consumer Protection Act (TCPA) and Rules by making unauthorized and disruptive prerecorded 
 telemarketing calls (i.e., robocalls).3  Roesel filed a combined response to the NAL and Citation 
(Response).4  The Response argues, among other things, that Roesel spoofed the caller ID to avoid having 
                                                      
 1 See Rules and Regulations Implementing the Truth in Caller ID Act of 2009, Report and Order, 26 FCC Rcd 9114, 
 9115, para. 1 (2011) (Truth in Caller ID Order).  Spoofing may also involve manipulating or altering the caller ID to 
 display a name or other text (i.e., anything other than the originating number). 
 2 Best Insurance Contracts, Inc., and Philip Roesel, dba Wilmington Insurance Quotes, Notice of Apparent Liability 
 for Forfeiture, 32 FCC Rcd 6403 (2017) (NAL). 
 3 Best Insurance Contracts, Inc., and Philip Roesel, dba Wilmington Insurance Quotes, Citation and Order, 32 FCC 
 Rcd 5516 (EB 2017) (Citation). 
 4 Statement in Response to, and Request to Rescind, Notice of Apparent Liability for Forfeiture and Response to 
 Citation and Order (on file in EB-TCD-16-00023195) (Sept. 21, 2017) (Response).  While in the ordinary course a 
response to the Citation would be addressed by the Bureau, because Roesel filed a combined response, we address 
both the Citation and NAL in this Forfeiture Order.  The Response also included a declaration sworn by Philip 
Roesel which will be referred to herein as  Roesel Declaration.   

                                         
                               Federal Communications Commission                      FCC 18-134 
  

 his cell phone  overwhelmed  with return phone calls from consumers that he robocalled to protect his 
 own phone number from the same kind of disruption he was imposing on consumers.  The Response asks 
 that the Commission rescind the NAL.  Alternatively, if the Commission declines to rescind the NAL, the 
 Response requests that the forfeiture be reduced based on inability to pay and that the forfeiture be 
 applied solely to BIC, a company created by Philip Roesel.  Finally, the Response asks that the 
 Commission exercise its discretion and designate the case for hearing.   
        3.      After reviewing Roesel s Response, we find no reason to cancel or withdraw the 
Citation,5 rescind the NAL, reduce the proposed penalty, hold BIC solely liable, or designate the case for 
hearing.  We therefore assess the $82,106,000 forfeiture the Commission previously proposed. 
 II.    BACKGROUND 
        4.      In recent years, robocalls have been used increasingly by the health insurance industry to 
 generate insurance leads and sales.6  In December 2016, SpMk, Inc. (SpMk), which provides paging 
 services to medical providers, submitted an informal complaint to the Bureau about a significant 
 robocalling event that was disrupting its emergency medical paging service.7  According to SpMk, the 
robocalling event adversely affected 5,000 to 10,000 of its service subscribers.8  The robocalling event 
harmed SpMk s customers by disrupting those customers  pager numbers, which are used by doctors, 
hospitals, and emergency first responders.9  SpMk said that one of its subscribers is Palmetto Health, 
which operates seven hospitals serving Columbia, Greenville, and Sumter, South Carolina.  Palmetto 
Health is the largest health resource in the South Carolina Midlands region.10  According to SpMk, 
Palmetto Health experienced intermittent pager disruptions because of the massive influx of unauthorized 

                                                      
 5 Although Roesel did not request cancellation or withdrawal of the Citation, we nevertheless reach this holding to 
provide clarity and certainty in any future proceedings that may arise, as well as any future actions or conduct by 
Roesel.  See Citation, 32 FCC Rcd at 5516-17, paras. 2, 35 (notifying Roesel that any future violations of the TCPA 
may result in civil penalties, including forfeitures). 
 6 See Michele Andrews,  You ve Got Mail : E-mails and Robocalls Hit Home in Promoting Medicaid Enrollment, 
 Kaiser Health News (May 26, 2017), http://khn.org/news/youve-got-mail-emails-and-robocalls-hit-home-in-
 promoting-medicaid-enrollment/; see also Bridgette Small, Phony calls about health insurance, Federal Trade 
 Commission (Feb. 18, 2016), https://www.consumer.ftc.gov/blog/phony-calls-about-health-insurance. 
 7 See E-mail from Dexter Lee, Corporate Technical Operations Director, SpMk, Inc., to Kristi Thompson, Deputy 
Chief, Telecommunications Consumers Division, FCC Enforcement Bureau (Dec. 14, 2016, 16:59 ET) (on file in 
File No. EB-TCD-16-00023195).  SpMk, headquartered in Springfield, Virginia, provides paging services for 
hospitals, emergency rooms, and physicians.  See SpMk, Inc., Meet SpMk, https://www.spok.com/meet-spok (last 
 visited Aug. 30, 2018).   
 8 See E-mail from Dexter Lee, Corporate Technical Operations Director, SpMk, Inc., to Kristi Thompson, Deputy 
Chief, Telecommunications Consumers Division, FCC Enforcement Bureau (June 20, 2017, 10:16 EDT) (on file in 
File No. EB-TCD-16-00023195); see also Declaration of Kimbarly H. Taylor, May 22, 2017 (on file in File No. EB-
TCD-16-00023195). 
 9 Paging services are essential in hospitals and emergency rooms across the country, with an estimated 85 percent of 
 hospitals relying on this technology to ensure that emergency room doctors, nurses, EMTs, and other first 
 responders receive immediate alerts.  See Priyanka Dayal McCluskey, Hospitals turning a  pager  on data 
 hardware, The Boston Globe (Feb. 2, 2016), https://www.bostonglobe.com/business/2016/02/01/beep-this-
 accessory-busy-doctors-finally-gets-upgrade/gRcjTy7w3RuTJiqaeKTsEN/story html.  Because paging technology is 
 not equipped to handle voice calls, a large-scale robocalling campaign will disrupt and can potentially disable 
 the medical pager network.  Service outages, slowdowns, or other problems caused by robocalls flooding a paging 
 network constitute a serious risk to public safety because they interfere with critical hospital and emergency room 
 communications. 
 10 See Palmetto Health, About Palmetto Health, https://www.palmettohealth.org/patients-guests/about-palmetto-
 health (last visited Aug. 30, 2018).  

                                                 2 
                         Federal Communications Commission           FCC 18-134 
  

 robocalls to SpMk s network.11  Roesel does not refute evidence that his calls  repeatedly disrupted a 
critical communications service used by hospitals and emergency medical providers. 12 
      5. n  JanuaryO 24, 2017, Bureau staff subpoenaed Roesel s call records for the three-month 
period from October 23, 2016, to January 23, 2017, from a third-party robocall platform provider, 
      .13  According to subpoena responses, Roesel made 21,582,771 calls during this time frame, 
 averaging more than 200,000 calls a day.14  Bureau staff analyzed a sample of 82,106 spoofed robocalls 
 Roesel made using four specific numbers.15  The evidence shows that the four telephone numbers used 
were unassigned (i.e., not assigned to a carrier or a subscriber) during the relevant time frame.  Further, 
 Philip Roesel admits that he set up the account with the platform provider, that the platform provider 
  provided a space to include caller ID information for the calls,  and that he used the four unassigned 
 numbers to make the calls.16  Accordingly, these four telephone numbers were not assigned to Roesel and 
 therefore were inaccurate when Roesel caused them to be displayed in the called parties  caller IDs.   
       ureau6.  staffB  also examined rob ocall complaints by consumers filing on 
 www.donotcall.gov between late October 2016 and January 2017 and compared them to the records of 
 calls that Roesel made during the same period.  Bureau staff matched 44 complaints to the call records of 
 robocalls made by Roesel.  In the complainants  own words: 
    "    [I]n the last 6 months or so, I have been receiving an increased number of phone calls and I 
       intend to start listening to each one of them and start reporting each one of them.  I am afraid to 
       answer my phone any more.  Just like when I used to have an answering machine.  It has been so 
       nice for the past however many years knowing that when I get a call, it truly is someone I wish to 
       speak to.  And now that has all disappeared.  So disappointing! 17 
   "     Called my cell, twice.  Left no message.  I don t need to talk to a scammer.  I didn t give them 
       my cell.  People I know I give my cell number.  I don t know this person. 18 
    "    [P]lease stop these people[.] 19 
   "     [C]alled me[,] didn t answer because I figured they were some punk [***] marks 
       [telemarketers], and I was right. 20 

                                                      
 11 As soon as SpMk identified the robocalls hitting its network, it alerted its carriers (AT&T and Verizon) and Bureau 
 staff.  After receiving SpMk s reports about the unauthorized nature of the robocalls, and at SpMk s request, AT&T 
 and Verizon were able to take steps to mitigate and reduce the number of illegal robocalls before they reached 
 SpMk s subscribers. 
 12 Citation, 32 FCC Rcd at 5517, para 4.  Roesel does not deny making the calls that disrupted communications 
service used by hospitals and emergency medical providers; rather, he claims only that he did not know the calls 
were going to  a paging service  (i.e., SpMk s network).  See Response, Exh. 1, Declaration of Philip Roesel, para. 
 17 (Roesel Declaration). 
 13 See NAL, 32 FCC Rcd at 6406, para. 10. 
 14 Id.   
 15 Id. at 6407, para. 11.  Such robocalls constitute  any telecommunications service or Internet Protocol-enabled 
voice service  for the purposes of Section 227 of the Act. 
 16 See Roesel Declaration at paras. 6, 13. 
 17 NAL, 32 FCC Rcd at 6410, para. 19 (quoting Complaint #74852141 (Consumer Sentinel, July 26, 2016)). 
 18 Id. (quoting Complaint by  Private,  Dec. 16, 2016, http://800notes.com/Phone.aspx/1-713-211-8439).  
 19 Id. (quoting Complaint #746757964 (Consumer Sentinel, Sept. 20, 2016)). 
 20 Id. (quoting Complaint by  Blue,  Jan. 16, 2017, http://800notes.com/Phone.aspx/1-803-211-9887). 

                                       3 
                         Federal Communications Commission           FCC 18-134 
  

    "    I activated my cell phone two days ago, and no one knew, but somehow the telemarketer found 
       me.  Unbelievable! 21 
   "     Telemarketers have NOTHING BETTER TO DO THAN ANNOY YOU with a plethora of 
       useless non working phone calls!  I was resting[,] got woken up by someone with no life!  We 
       have lives[.]  I wish someone would figure out who these people are and block their access [to] 
       phone services! 22 
       7.    In addition, Bureau staff spoke to 59 different recipients of robocalls made by Roesel and 
confirmed that none of the consumers the Bureau spoke with gave Roesel permission written or 
otherwise to make robocalls to their phones.23  In his Response, Philip Roesel does not deny that he 
failed to obtain prior consent from any consumers that were robocalled using pre-recorded messages and 
 displayed or caused to be display inaccurate caller ID.   
       8.    On August 4, 2017, the Commission issued the NAL proposing an $82,106,000 forfeiture 
 against Roesel for apparent willful and repeated violations of Section 227(e) of the Communications Act 
 of 1934, as amended (Act),24 and Section 64.1604 of the Rules.25  In a separate action, the Bureau cited 
 Roesel for making illegal robocalls in violation of Section 227 of the Act and Section 64.1200 of the 
 Rules.26  The Citation directed Roesel to take immediate steps to comply with the law. 
      9.    On September 21, 2017, Roesel filed a combined response to the NAL and Citation.  
 Roesel does not refute the findings in the Citation.  Among other things, discussed more fully below, 
Roesel admits he hired a dialing platform, intentionally spoofed the caller ID, and robocalled consumers 
during the relevant three-month period identified in the Citation and NAL.  He does not claim to have 
obtained prior consent from those he called or that his calling with a pre-recorded telemarketing message 
satisfied one of the exceptions to first obtaining prior consent.  Further, Roesel does not deny that he 
obtained value using his robocalling campaign or that he caused harm.  The Response, however, argues 
that:  (1) any value he obtained was not obtained  wrongfully  and thus did not violate the Truth in Caller 
ID Act; (2) the Truth in Caller ID Act does not apply to TCPA violations and, even if it did, he had no 
intent to, or did not know, he was causing harm; and (3) Roesel is unable to pay the proposed forfeiture.  
The Response also objects to the NAL s finding that Roesel is personally liable.  The Response asks that 
the Commission rescind the NAL.  Alternatively, if the Commission declines to rescind the NAL, the 
Response requests that (1) the forfeiture be reduced based on inability to pay, (2) the forfeiture be applied 
solely to BIC, and (3) the Commission use its discretion and designate the case for hearing.  
III.  DISCUSSION 
      A.    Roesel Engaged in a Massive Illegal Robocalling Campaign to Sell Health Insurance 
            and Generate Leads for His Clients in Violation of the TCPA and Rules  
      10.   The Bureau issued Roesel a Citation for violating the TCPA and the Rules.  Specifically, 
as discussed in more detail below, the Citation found that Roesel had engaged in a large-scale and 
systematic robocalling campaign in violation of provisions of the TCPA and the Commission s Rules that 

                                                      
 21 Id. (quoting Complaint by  LD,  Nov. 22, 2016, http://800notes.com/Phone.aspx/1-281-211-8439).  
 22 Id. (quoting Complaint by  Anonymous,  Nov. 17, 2016, http://whocalledchecker net/phone-number/1-252-211-
 8439). 
 23 See Citation, 32 FCC Rcd at 5520, para. 10. 
 24 47 U.S.C.  227(e). 
 25 47 CFR  64.1604.  See Truth in Caller ID Order, 26 FCC Rcd 9114. 
 26 The NAL and Citation include a more complete discussion of the facts and history of this case and are 
incorporated herein by reference.   

                                       4 
                               Federal Communications Commission                      FCC 18-134 
  

 prohibit making (1) prerecorded voice message calls to emergency telephone lines,27 (2) prerecorded 
 voice message calls to cell phones,28 (3) prerecorded telemarketing calls to residential phone lines without 
 prior express written consent absent an emergency purpose,29 and (4) telephone solicitations to telephone 
 lines registered on the national Do-Not-Call registry without prior express written consent.30   
        11.     The TCPA and Rules prohibit calls made using any automatic telephone dialing system 
 or an artificial or prerecorded voice message to  any emergency telephone line, including any 911 line 
 and any emergency line of a hospital, medical physician or service office, health care facility, poison 
 control center, or fire protection or law enforcement agency. 31  The Commission has previously found 
that SpMk s paging system constitutes an  emergency telephone line. 32  The evidence shows that 
 Roesel s illegal robocalling campaign adversely affected 5,000 to 10,000 of SpMk s service subscribers.  
 Roesel does not deny calling SpMk s paging network or any of the 5,000 to 10,000 SpMk subscribers.33  
        12.    The TCPA and Rules also prohibit calls to cell phones and other mobile services, 
 including paging services such as that operated by SpMk.34  Two exceptions to these prohibitions are 
(1) calls made for emergency purposes, and (2) calls made with the prior express consent of the called 
party.35  Prior express written consent is required if the calls include advertisements or constitute 
 telemarketing like the calls that Roesel made.36  To determine whether any of the robocalls went to 
wireless phones the Bureau analyzed the details of the 21,582,771 robocalls that Roesel made, using an 
industry-standard, commercially available software and database of known assigned and ported wireless 
numbers.37  From this analysis, Bureau staff confirmed that 17,487,293 were robocalls to wireless phones.  
                                                      
 27 See 47 U.S.C.  227(b)(1)(A)(i); 47 CFR  64.1200(a)(1)(i). 
 28 See 47 U.S.C.  227(b)(1)(A)(i), (iii); 47 CFR  64.1200(a)(1)(iii). 
 29 See 47 U.S.C.  227(b)(1)(B); 47 CFR  64.1200(a)(3). 
 30 See 47 U.S.C.  227(c)(3)(F); 47 CFR  64.1200(c)(2), 64.1200(e). 
 31 47 CFR  64.1200(a)(1)(i); see also 47 U.S.C.  227(b)(1)(A)(i). 
 32 See Adrian Abramovich, Marketing Strategy Leaders, Inc., and Marketing Leaders, Inc., Citation and Order, 32 
FCC Rcd 4965, 4971-72, para. 17 (EB 2017). 
 33 See Response at 31. 
 34 See 47 U.S.C.  227(b)(1)(A)(iii) (It is unlawful  for any person . . . to make any call . . . using any automatic 
 telephone dialing system or an artificial or prerecorded voice . . . to any telephone number assigned to a paging 
 service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any 
 service for which the called party is charged for the call. ); see also 47 CFR  64.1200(a)(1)(iii). 
 35 See 47 U.S.C.  227(b)(1)(A); 47 CFR  64.1200(a)(1).  
 36 47 CFR  64.1200(a)(2)-(3).  An advertisement is defined as  any material advertising the commercial availability 
or quality of any property, goods, or services.   47 CFR  64.1200(f)(1).  Likewise, the rules define  telemarketing  
as  the initiation of a telephone call or message for the purpose of encouraging the purchase . . . of . . . property, 
goods, or services, which is transmitted to any person.   47 CFR  64.1200(f)(12).  There are also exceptions for 
calls  made by or on behalf of a tax-exempt nonprofit organization, or a call that delivers a  health care  message 
made by, or on behalf of, a  covered entity  or its  business associate,  as those terms are defined in the HIPAA 
Privacy Rule.   47 CFR  64.1200(a)(2); see also id.  64.1200(a)(3).   
 37 See Interactive Marketing Solutions, EasyID, https://www.ims-dm.com/mvc/page/easyid/ (last visited Aug. 30, 
 2018).  EasyID is Interactive Marketing Solution s software that allows clients to eliminate wireless numbers from 
 calling lists.  Id.  Interactive Marketing Solutions, Inc., is a member of the Data & Marketing Association and ACA 
 International.  See Interactive Marketing Solutions, Inc., Learn More About IMS and Frank Rigano, 
 https://www.ims-dm.com/mvc/page/about-us/ (last visited Aug. 30, 2018).  It bills itself as  the country s largest 
 single-source supplier  of data identifying telephone numbers that have been assigned or ported to wireless devices, 
  to help businesses comply with state and federal legislation.   Interactive Marketing Solutions, Inc., Home, 
 https://www.ims-dm.com/mvc/index.php (last visited Aug. 30, 2018). 

                                                 5 
                         Federal Communications Commission           FCC 18-134 
  

 Roesel does not deny making these calls nor does Roesel assert that he had the prior consent written or 
 otherwise from any of the more than 17 million mobile phone consumers or the 5,000 to 10,000 SpMk 
 medical pagers to pitch his health insurance products.  
       13.   Section 227(b)(1)(B) of the Communications Act prohibits any person  to initiate any 
telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a 
message without the prior express consent of the called party, unless the call is initiated for emergency 
purposes . . . or is exempted by rule or order by the Commission . . . . 38  Section 64.1200(a)(3) of the 
 Rules states that  [n]o person or entity may: . . . [i]nitiate any telephone call to any residential line using 
 an artificial or prerecorded voice to deliver a message without the prior express written consent of the 
 called party  unless one or more of five enumerated exceptions apply.39  The Commission set forth 
 specific exemptions to the prohibition in its Rules none of which apply in this case.40  The evidence shows 
that Roesel made 4,095,478 illegal robocalls to landline phones.  Roesel does not deny making these 
robocalls nor does he assert any claim that he had obtained the prior consent of any called party.      
      14.   The TCPA and Rules also prohibit the initiation of telephone solicitations to telephone 
lines registered on the national Do-Not-Call registry without prior express written consent.41  Specifically, 
 Section 64.1200(c)(2) states that  [n]o person or entity shall initiate any telephone solicitation to a 
 residential telephone subscriber who has registered his or her telephone number on the national do-not-
 call registry of persons who do not wish to receive telephone solicitations . . . . 42  Section 
 64.1200(c)(2)(ii) states that any person or entity making such telephone solicitations will not be liable for 
violating Section 64.1200(c)(2) if it has obtained the subscriber s prior express written permission.43  
Commission staff verified that at least nine calls were made to telephone lines registered on the national 
Do-Not-Call registry at the time of the calls.  The calls involved healthcare insurance solicitations, and 
therefore constitute telephone solicitations as described in Section 64.1200(c)(2) of the Rules.  These nine 
individuals all filed complaints44 in connection with Roesel s calls and confirmed that they did not 
provide prior express written consent to Roesel to make the calls to their lines.45  While generally 
claiming to have  scrubbed  his calling list to remove any consumer telephone number in the Do-Not-
Call registry, Roesel does not deny making robocalls or telephone solicitations, nor does he assert that he 
had the called parties  permission. 
       15.   Thus, Roesel made millions of illegal prerecorded message calls to emergency telephone 
 lines, cell phones, residential phone lines, and telephone lines registered on the national Do-Not-Call 
registry, in violation of the TCPA and Rules, in order to drum up sales of the health insurance policies he 
and his associated agents were selling.46  Roesel admits that that he (1) incorporated BIC for the purpose 
                                                      
 38 47 U.S.C.  227(b)(1)(B).   
 39 47 CFR  64.1200(a)(3) (emphasis added). 
 40 Id.   
 41 See 47 U.S.C.  227(c)(3)(F); 47 CFR  64.1200(c)(2), (e). 
 42 See 47 CFR  64.1200(c)(2).  Section 64.1200(e) clarifies that  [t]he rules set forth in paragraph (c) and (d) . . . 
 are applicable to any person or entity making telephone solicitations or telemarketing calls to wireless telephone 
 numbers to the extent described in the Commission s Report and Order, CG Docket No. 02-278, FCC 03-153, 
 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991.    47 CFR  64.1200(e).   
 43 See 47 CFR  64.1200(c)(2)(ii). 
 44 See Attachment A (Do-Not-Call Complaints). 
 45 See Declaration of Nakasha Ramsey, June 19, 2017 (on file in File No. EB-TCD-16-00023195); Declaration of 
Lisa Williford, June 19, 2017 (on file in File No. EB-TCD-16-00023195). 
 46 Some of Roesel s associated agents are listed on the Best Insurance Contracts website.  See Best Insurance 
 Contracts, Referrals, https://bestinsurancecontracts.com/referrals/  (last visited Aug. 31, 2018) (the list of such 
 agents can be accessed by hovering over the  Referrals  tab drop down menu). 

                                       6 
                               Federal Communications Commission                      FCC 18-134 
  

 of generating leads for the sale of health insurance,47 (2) set up the account with the dialing platform for 
making the telemarketing calls for such sales,48 (3) made telemarking calls on behalf of BIC and that 
 [a]ll of the calls [were] made under my [i.e., Roesel s] account during the period from October 2016 
through January 2017 (the period at issue in the NAL), 49 and (4) caused a pre-recorded message to be 
 played.50  In addition, Roesel does not refute evidence that he made or caused to be made the 21,582,771 
 robocalls from October 23, 2016 through January 23, 2017, nor that he failed to obtain prior consent 
 written or otherwise from any of the recipients of those 21,582,771 calls.  Further, Roesel does not 
 assert that his actions were permitted because of any of the exceptions to the TCPA prohibition.  Finally, 
 we agree with the Citation s finding that Roesel knew that these calls were illegal when he made them.51   

                                                      
 47 See Roesel Declaration at para. 3. 
 48 See id. at para. 6. 
 49 Id. at para. 8.  Philip Roesel claims both that  BIC engaged in [the] calling activities  and that he made the  calls 
on behalf of BIC.   He also states that  I initiated the calling activities . . . .   Cf. Roesel Declaration, paras. 6, 11 
and 15. 
 50 See Roesel Declaration at para 9; see also Response at 40, 43 (referencing the message received by the called 
party). 
 51 See Citation, 32 FCC Rcd at 5520-21, para. 11.  While we agree with the Citation s finding, we do so based on 
the fact that there is a plethora of public reports (all pre-dating Roesel s illegal robocalling campaign), including 
from the FCC, the FTC, media outlets, and the former North Carolina State Attorney General, all informing the 
public that robocalling telemarketing calls without consent is illegal.  Roesel s Response even cites one such 
 publicly available document from the FCC.  See Remarks of FCC Commissioner Ajit Pai at the First Meeting of the 
 FCC Robocall Strike Force at 1 (Aug. 19, 2016), https://apps fcc.gov/edocs public/attachmatch/DOC-
 340872A1.pdf.  See also, e.g., FCC, FCC Actions on Robocalls, Telemarketing, 
 https://www.fcc.gov/general/telemarketing-and-robocalls (last visited Aug. 30, 2018); Truth in Caller ID Order, 26 
 FCC Rcd at 9120-22, paras. 17-20 (2011); FTC, Robocalls and the Do Not Call Registry, https://www.ftc.gov/news-
 events/media-resources/do-not-call-registry/robocalls (last visited Aug. 30, 2018); Press Release, FTC, FTC and 
 Department of Justice Bring Action Against Lead-Generator Using Robocalls to Pitch Energy Savings: Defendant 
Bombarded Consumers with Millions of Unwanted Illegal Recorded Calls (Mar. 10, 2016), 
 https://www.ftc.gov/news-events/press-releases/2016/03/ftc-department-justice-bring-action-against-lead-generator-
 using (explaining that the Defendant s  companies ignored the Do Not Call Registry and made illegal robocalls  and 
 noting that  [b]reaking the law isn t a great way for a company to introduce itself to potential customers. ); Jason O. 
Boyd, NC Consumers Can Soon Block Unwanted Robocalls, ABC News Channel 12 (June 19, 2015), 
 https://wcti12.com/archive/nc-consumers-can-soon-block-unwanted-robocalls; North Carolina Attorney General 
 Sues Alarm Company Over Robocalls, Alarm Laws (Oct. 24, 2013), http://www.alarmlaws.com/north-carolina-
 attorney-general-sues-alarm-company-over-robocalls; John Grooms, N.C. investigating Blue Cross  robo-calls, 
 Creative Loafing Charlotte (Nov. 25, 2009), https://clclt.com/theclog/archives/2009/11/25/nc-investigating-blue-
 cross-robo-calls; Peter Overby, Group with Clinton Ties Behind Dubious Robocalls, NPR, (Mar. 1, 2008), 
 https://www.npr.org/templates/story/story.php?storyId=90114863 (North Carolina Attorney General stated the 
 related robocalls targeted to North Carolina residents were illegal for state law reasons); Matt Richtel, Who s on the 
 Line?  Increasingly, Caller ID is Duped:  Regulators are hearing more complaints about  caller ID spoofing  or 
 call laundering  by telemarketers, Star News Online (updated Nov. 23, 2011), 
 http://www.starnewsonline.com/news/20111122/whos-on-the-line-increasingly-caller-id-is-duped (Wilmington, NC, 
 newspaper discussed the increase in caller ID spoofing, particularly in North Carolina); Chris Kromm, Civitas 
 pollster fined $10,000 for breaking NC robo-call law after complaint by Facing South editor, Facing South (May 
 26, 2011), https://www facingsouth.org/2011/05/civitas-pollster-fined-10000-for-breaking-nc-robo-call-law-after-
 complaint-by-facing-south-e (discussing fine and North Carolina General Statute 75-104, which outlines clear 
 consumer protections in the state for the use of automated phone calls).  These publicly available sources, coupled 
with the fact that Roesel is not a mere consumer but rather a business person, makes it reasonable to infer that he 
 knew the law applicable to his various business endeavors, including marketing his business and products.  The 
 evidence in the record also corroborates this inference.  As discussed in the Citation, an assistant to Roesel at the 
 time he was making the illegal robocalls told Bureau staff that Roesel and his staff repeatedly  joked  and  laughed  
 about their robocalls being  illegal.   Citation, 32 FCC Rcd at 5520, para. 11.  While Roesel denies joking about his 
                                                                                      (continued& ) 
                                                 7 
                         Federal Communications Commission           FCC 18-134 
  

       16.   Accordingly, we affirm the Citation and find that Roesel willfully and repeatedly violated 
Section 227 of the Act, and Section 64.1200 of the Rules, for the reasons set forth in the Citation. 
      B.    Roesel Engaged in a Massive Spoofing Scheme with the Intent to Defraud, Cause 
            Harm, or Wrongfully Obtain Anything of Value 
      17.   In the NAL, the Commission proposed a forfeiture against Philip Roesel personally and 
 against BIC in accordance with Sections 227(e)(5) and 503(b) of the Act,52 Section 1.80 of the Rules,53 
and the Commission s Forfeiture Policy Statement.54  In determining the proposed forfeiture, the 
 Commission applied the Section 503(b)(2)(E) balancing factors, taking into account the  nature, 
 circumstances, extent, and gravity of the violation and, with respect to the violator, the degree of 
 culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. 55  
 As discussed below, we have fully considered Roesel s Response to the NAL and find it unpersuasive.  
 We therefore affirm the $82,106,000 forfeiture proposed in the NAL. 
            1.    Roesel Engaged in a Massive Spoofing Scheme with the Intent to Wrongfully 
                  Obtain Anything of Value 
      18.   The Truth in Caller ID Act prohibits  caus[ing] any caller identification service to 
knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, 
cause harm, or wrongfully obtain anything of value. 56  Members of Congress observed that consumers 
 greatly value accurate, reliable caller ID information to help them decide whether to answer a phone call 
 and, ultimately, whether to trust the caller on the other end of the line.  They noted that consumers  
 widespread expectation is that any information appearing on caller ID represents the true originating 
number of the person or entity making the call.57  The Senate Report also recognized that there are some 
 benign uses of caller ID spoofing technology (e.g., protecting domestic abuse victims), and therefore 
 intended to focus  efforts to curtail ID spoofing . . . on actions by persons with intent to deceive or cause 
 harm. 58 
       19.   The evidence in this case shows that Roesel not only spoofed calls, but also deliberately 
 engaged in an unlawful robocalling campaign under Sections 227(b) and (c):  That is, he placed millions 
 of robocalls without obtaining the prior consent of the called party, called emergency lines, and called 
 consumers who had placed their telephone numbers on the national Do Not Call registry.  The evidence 
 indicates that Roesel knew that his sales tactics were not legal, and, in any event, his intentional use of 

 (Continued from previous page)                                                      
 robocalling activities, he does not deny knowing that his robocalling scheme was illegal.  See Roesel Declaration at 
 para. 27; see also id. at para. 21 ( I never stated that making illegal telemarketing calls was a minor violation akin to 
 driving above the speed limit. ).  Whether or not Roesel joked about his robocalling is irrelevant.  Based on the 
 totality of evidence, we find it credible that Roesel knew his activities violated the law.  
 52 47 U.S.C.  227(e)(5), 503(b). 
 53 47 CFR  1.80. 
 54 The Commission s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons. denied, 
Memorandum Opinion and Order, 15 FCC Rcd 303 (1999).  
 55 47 U.S.C.  503(b)(2)(E).  See also Truth in Caller ID Order, 26 FCC Rcd at 9132, para. 46 (although the 
Commission is not statutorily required to apply the Section 503(b)(2)(E) balancing factors in cases involving 
apparent violations of Section 227(e), the Commission said it would do so). 
 56 47 U.S.C.  227(e)(1). 
 57 See 156 Cong. Rec. H2522, H2524 (2010) ( Now, if you see a caller ID and you see it has a phone number, most 
 people think that it s ironclad that that s the actual phone number that s calling them when in truth it s not. ). 
 58 S. Rep. No. 111-96, at 2 (2010), as reprinted in 2010 U.S.C.C.A.N. 1376, 1377 (2009). 

                                       8 
                         Federal Communications Commission           FCC 18-134 
  

 unlawful robocalling (independent of spoofing) demonstrate that that he violated the law (acted 
wrongfully) to get insurance leads (something of value).   
       20.   First, Roesel engaged a dialing platform and intentionally spoofed the telephone number 
 that appeared in the called party s caller ID.59  Roesel used both unassigned telephone numbers and 
 numbers assigned to consumers, and he caused these numbers to appear in the called party s caller ID.60  
The numbers were inaccurate because they were not assigned to Roesel and misleading because 
they were not connected to Roesel or his business and provided no means for the called party to reach 
Roesel or request to be put on a company-specific Do Not Call list as required by the TCPA. 
       21.   Second, using the dialing platform, Roesel intentionally made more than 21 million 
 illegal robocalls, including the 82,106 on which the forfeiture is based, over a three-month period.  None 
 of these calls were made with the prior consent written or otherwise of the called parties and none 
 satisfied one of the exceptions the TCPA affords that would otherwise allow such calls to be made 
 legally.61   
      22.   Third, Roesel s robocalling campaign was illegal,62 and he admits that he used the 
robocalling campaign to sell health insurance products, earn commissions, and generate leads for himself 
and other affiliated agents (i.e., to obtain something of value).63  In addition, by intentionally falsifying 
 the caller ID information, Roesel was able to avoid detection (making it more likely that unwitting 
 consumers would answer the phone), evade law enforcement, and deprive consumers of their legal rights 
 under the TCPA all wrongful acts.64  Both the intent to financially profit (through sales commissions) 
 from unlawful conduct and avoiding culpability are  [things] of value  and demonstrated Roesel s intent 
 to  wrongfully obtain anything of value  in violation of the Truth in Caller ID Act.65 
       23.   By violating the prior-consent requirement in Section 227(b), we find that Roesel 
intended to wrongfully obtain something of value.  Had Roesel complied with the law and obtained prior 
consent, he would not have been able to make the volume of calls he made; he would not have called 
consumers that did not want his products or calls, disrupted emergency lines, or contacted persons that 
had registered their telephone numbers on the national Do Not Call registry.   

                                                      
 59 Roesel admits that he intentionally modified the caller ID and used the modified caller ID as part of his 
robocalling campaign.  See Roesel Declaration at para. 13. 
 60 See Letter from Kristi Thompson, Acting Division Chief, Telecommunications Consumers Division, FCC 
 Enforcement to Bureau to Rebecca E. Jacobs, Esq., Womble, Carlyle, Sandridge & Rice, LLP, Counsel for Roesel 
 (Sept. 7, 2017) (on file in EB-TCD-16-00023195).  After reviewing the Response, the Bureau sought to confirm 
Philip Roesel s statement, and statements made in the Response, regarding using only unassigned numbers.  See 
Roesel Declaration at para. 13; see also Response at 3, 8, 31-33, 38, 42.  The Bureau searched the call records and 
found more than a million call records that used assigned/active telephone numbers in the caller ID.  Although the 
NAL only referenced the use of unassigned numbers, and we base this decision on the charges in the NAL, the call 
records provided to Roesel before he filed his Response identified more than one million calls that were spoofed 
using assigned numbers.   
 61 Roesel admits that he made or caused to be made calls from October 2016 through January 2017 (the relevant 
three-month period at issue in the NAL).  See Roesel Declaration at para. 8.  Further, Roesel does not deny that the 
calls he made during that three-month period included the 21,582,771 spoofed robocalls that were the subject of the 
NAL, including the 82,106 upon which the forfeiture is based.  See NAL, 32 FCC Rcd at 6406-07, paras. 10-11. 
 62 See supra paras. 11-16. 
 63 See Roesel Declaration at para. 6. 
 64 NAL, 32 FCC Rcd at 6412-13, paras. 24, 26-27. 
 65 Id. at 6412-13, paras. 24, 26-27.  Consistent with courts  interpretation of  anything of value  in other contexts, 
we found that  anything of value  includes tangible as well as intangible assets.  See id. at 6412, para. 25.  

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                               Federal Communications Commission                      FCC 18-134 
  

        24.     As courts have recognized, in order to determine intent, it is often necessary to look at a 
person s conduct.66  Therefore, it is reasonable to look at a party s actions, as we do in this case, to 
determine his or her intent.67  Roesel does not deny he intended to obtain value through his robocalling 
 campaign and, in fact, did obtain value.  Rather, he makes a variety of arguments in an effort to show that 
 he did not  wrongfully  obtain that value.68  We address each of Roesel s arguments in detail below.  
None of those arguments overcome the fundamental fact, however, that Roesel knowingly engaged in the 
illegal and thereby wrongful act of robocalling millions of consumers with the intent to obtain things of 
value. 
        25.    Roesel s unlawful robocalls were made with the intention of wrongfully earning sales 
commissions.  Roesel argues that he did not wrongfully obtain anything of value because there is no 
connection between the spoofed caller ID and any potential lead or actual sale of insurance.  He seeks to 
divorce the end result the successful insurance sale or lead generation from the illegal means used to 
obtain that result.  In this regard, Roesel argues that, because the ultimate sale of insurance or commission 
from a lead was legal, any revenue that he may have obtained was not wrongful and, thus did not violate 
the Truth in Caller ID Act.69   
        26.    We disagree.  Roesel  wrongfully  used a massive robocalling campaign without the 
 consent of millions of called parties, in order to obtain leads and potential commissions for health 
 insurance sales.  Roesel s spoofing was not disassociated from, or irrelevant to, his efforts to earn sales 
 commissions.  Roesel engaged in a scheme that involved making more than 21 million illegal robocalls 
 using misleading or inaccurate caller IDs precisely to earn sales commissions.  Roesel could have 

                                                      
 66 See, e.g., U.S. v. Dearing, 504 F.3d 897, 901 (9th Cir. 2007); U.S. v. Mirabelles, 724 F.2d 1374, 1379 (9th Cir. 
1984); see also General Cigar Co., Inc. v. CR Carriers, Inc., 948 F.Supp. 1030, 1036 (M.D. Ala. 1996) ( Because 
one cannot know another s subjective intent, circumstantial evidence must be relied upon to indicate intent. The 
requirement of specific intent under the mail fraud statute is satisfied by the existence of a scheme which was 
reasonably calculated to deceive persons of ordinary prudence and comprehension and this intention is shown by 
examining the scheme itself.  (internal citations omitted)).  The Commission applied the same standard in the 
Abramovich Forfeiture Order where it found that  it is reasonable, and indeed often necessary, to look at a party s 
actions to determine whether there was an intent to defraud or cause harm.   Adrian Abramovich. Marketing 
Strategy Leaders, Inc., and Marketing Leaders, Inc., Forfeiture Order, FCC 18-58, 2018 WL 2192429, at *4, para. 
14 (May 10, 2018), Commissioner O Rielly approving in part, dissenting in part (Abramovich Forfeiture Order) 
(citations omitted). 
 67 See, e.g., U.S. v. Davis, 490 F.3d 541, 549 (6th Cir. 2007); Tusa v. Omaha Auto Auction Inc., 712 F.2d 1248, 1253 
 (8th Cir. 1983) ( intent to defraud is ordinarily proved by circumstantial evidence ); see also U.S. v. Rogers, 321 
 F.3d 1226, 1230 (9th Cir. 2003) ( It is settled law that intent to defraud may be established by circumstantial 
 evidence ); U.S. v. Sullivan, 522 F.3d 967, 974 (9th Cir. 2008) ( the scheme itself may be probative circumstantial 
 evidence of an intent to defraud ); General Analytics Corp. v. CNA Ins. Co., 86 F.3d 51, 54 (4th Cir. 1996) 
 ( [B]ecause it is abstract and private, intent is revealed only by its connection with words and conduct. ); FDIC v. 
 St. Paul Fire & Marine Ins. Co., 942 F.2d 1032, 1035 (6th Cir. 1991) ( intent . . . is thought to refer to a subjective 
 phenomenon that takes place inside people s heads . . . .  [The law is concerned only with] the external behavior 
 ordinarily thought to manifest internal mental states . . . . ) (citations omitted)). 
 68 See Response at 2-3, 11, 14-24, 38-40. 
 69 See Response at 20.  Roesel also argues these  sales leads provide something valuable to the persons who 
 affirmatively requested additional information about health insurance  and calls it a stretch of  the statutory text . . . 
 to apply [the Truth in Caller ID Act] in a situation where the call recipient requests a benefit from the caller and does 
 so without any misunderstanding about the identity of that caller.   Response at 40.  Roesel s argument is misplaced.  
 The test under the Truth in Caller ID Act is not whether the consumer obtains anything of value but, rather, whether 
 the person causing the caller ID to be altered intended to wrongfully obtain anything of value.  Thus, we need not 
 determine what, if any, value some consumer may have obtained or its potential impact on whether Roesel intended 
 to wrongfully obtain anything of value by his actions.  Moreover, Roesel s argument completely disregards the harm 
 suffered by consumers uninterested in his disruptive sales pitches.  

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                         Federal Communications Commission           FCC 18-134 
  

 conducted his business without using spoofed caller ID and illegal telemarketing or unlawful robocalling 
 to generate leads and sell products.  But he did not.  Roesel appears to argue that the financial benefit he 
 received (a commission from the insurance provider from the sale of insurance to a lead generated by 
 Roesel) is too attenuated to constitute something of value.  We disagree.  Roesel generated a high volume 
 of leads (and potential commissions) using unlawful spoofed robocalls.  Using these unlawful methods 
(e.g., mass false-ID robocalling without obtaining prior consent as required under the TCPA) facilitated 
Roesel s ability to reach a large volume of potential customers.70  We therefore find the wrongful conduct 
closely linked to the intent to earn sales commissions.   
      27.   Roesel s unlawful conduct was not cured by subsequently providing additional 
information to some called parties. Roesel claims that, even if he obtained something of value through 
sales or commissions, he did not violate the Truth in Caller ID Act because consumers who requested 
more information were ultimately given truthful information regarding the calling party.  Thus, according 
to Roesel, prior to making any sale or generating a lead, the connection to the false caller ID was broken, 
thereby curing the alleged violation.71 
       28.   In the first place, the purported cure was only available to the consumers who pressed a 
 designated number to get more information.72  There was no cure for the millions of people who were 
 misled into answering the call and had no interest in learning more about the offer.  Second, the statute 
 does not provide for a  cure.   In Abramovich, we found that the violation occurred when a call with 
 misleading or inaccurate caller ID is transmitted with the requisite intent it was not dependent on the 
 called party listening to a robocalling message or engaging in discussion with the caller.73  Similarly, we 
find no statutory support for the proposition that misleading or inaccurate caller ID, coupled with the 
intent to wrongfully obtain anything of value, can be cured or somehow rendered legal because 
consumers had the opportunity to obtain accurate information about the caller after listening to a 
robocalling message and then speaking to a representative for the caller.   
       29.   Roesel s illegal spoofed robocalling scheme allowed him to evade detection and potential 
legal action.  Roesel claims that he never intended to evade law enforcement or otherwise mask his 
identity.74  He argues that when the called party answered the phone, a pre-recorded message was played 
 that asked if the called party  wanted to receive information about health insurance. 75  The recipient 
 then had the choice to hang up the telephone, ask to be removed from the calling list by pressing a given 
                                                      
 70 Roesel admits that he could not conveniently reach his potential market through direct mail and thus, turned to 
robocalling.  Roesel Declaration at para. 5.  While he declares that he turned to robocalling to reach the Florida 
market, (see id.) the evidence (call records) show that he made illegal robocalls to all 50 states and the District of 
Columbia.  See Letter from William E. Raney, Copilevitz & Canter, Counsel for  to Richard A. 
 Hindman, Division Chief, Telecommunications Consumers Division, FCC Enforcement Bureau (March 10, 2017) 
 (on file in EB-TCD-16-00023195) (containing the call records).  At counsel s request, the call records were 
provided prior to the filing date of the Response. 
 71 See Response at 40-41.  Roesel seeks to support his claim that a violation may be cured based on the same 
 misinterpretation of the Commission s statement in the Truth in Caller ID Order discussed below.  See infra para. 
 35.  For the reasons discussed in paragraph 35, we find that the referenced statement does not support Roesel s 
 asserted claim of cure and reject this argument. 
 72 See Roesel Declaration at para. 9; Response at 39.  
 73 See Abramovich Forfeiture Order, 2018 WL 2192429, at *11, paras. 36, 38.  While the facts in Abramovich were 
 more egregious than in this case (e.g., involved millions more illegal robocalls and included  neighbor spoofing ), 
 the conduct was like this case with respect to intentionally engaging in an illegal robocalling campaign using 
 spoofed numbers to generate sales leads.  Regardless of the factual distinctions between the two cases, the Truth in 
 Caller ID Act clearly prohibits the type of conduct in this case.   
 74 Response at 39. 
 75 Id. 

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                         Federal Communications Commission           FCC 18-134 
  

 number, or press a different number to request more information. 76  The Response states that Roesel 
called back those consumers that generated a market lead and identified his cell number, the company 
name, and a call back number.77  The Response then concludes that  [t]hese actions, which clearly 
 identify BIC and provide the consumer with a means of contacting BIC directly, are completely 
 inconsistent with intent to evade detection. 78 
       30.   We disagree.  First, the statute prohibits any knowing transmission of misleading or 
 inaccurate caller ID information with an intent to  wrongfully obtain anything of value.   Roesel does not 
 and cannot claim that his spoofing was inadvertent.79  The statute does not require a showing that Roesel 
 intended to evade law enforcement or to mask his identity.  Second, Roesel s claim is untenable on the 
 facts.  The caller ID was spoofed and thereby deprived consumers of accurate, reliable caller ID 
information that Congress determined would help them decide whether to answer a phone call and, 
ultimately, whether to trust the caller on the other end of the line.80  Because of the spoofed number, the 
 called party only knew the subject of the call if he/she answered the phone and listened to the pre-
 recorded message.81  A key purpose of the Truth in Caller ID Act is to let people know before they pick 
up the phone the identity of the caller and whether he/she wants to answer the phone.  Moreover, even if 
consumers listened to the message, they knew only the subject of the call they had no way of reaching 
the actual caller or reporting the (unassigned and untraceable) offending phone number to authorities.  
Thus, by using spoofed caller ID, Roesel wrongly obtained something of value by inducing consumers to 
answer the phone and listen to the pre-recorded message without ever identifying himself, BIC, or a valid, 
traceable phone number.   
      31.   Further, electing to disclose his identity to only a select few callers (those that dialed the 
number and generated a market lead) is wholly consistent with an  intent to evade detection.   Roesel 
disclosed his identity and phone number only to those persons unlikely to report him to authorities (i.e., 
those persons interested his insurance product).  But the millions of people who had no interest in the 
product had no way of reporting or taking action against Roesel.  The fact that a small fraction of people 
(those who pressed a number for more information and were deemed to represent a legitimate sales lead) 
could reach Roesel at his assigned number does not refute an intent to evade enforcement actions brought 
on behalf of the vast majority of consumers (and carriers) who did not get access to his legitimate caller 
ID information. 
      32.   Roesel obtained value through the use of unassigned numbers.  Roesel claims that he 
 did not intend to obtain anything of value from the use of unassigned numbers for caller ID purposes. 82  
Roesel refers to his manipulation of the caller ID as  benign  and argues that it is permitted under the 
Truth in Caller ID Act.83 
       33.   We disagree.  By his own admission, Roesel used unassigned numbers to avoid having 
his cell phone  overwhelmed  with return phone calls from consumers that were robocalled.84  We find 
                                                      
 76 Id. 
 77 Id. at 39-40. 
 78 Id. 
 79 Roesel Declaration at para. 13 (admitting that Roesel modified the caller ID). 
 80 See 156 Cong. Rec. H2522, H2524 (2010) ( Now, if you see a caller ID and you see it has a phone number, most 
 people think that it s ironclad that that s the actual phone number that s calling them when in truth it s not. ). 
 81 See Response at 39. 
 82 Id. at 42. 
 83 See id. at 43-44. 
 84 See Roesel Declaration at para. 13.  It is thus apparent that Roesel fully understood the extreme disruption that 
 multiple unwanted calls can wreak. 

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                         Federal Communications Commission           FCC 18-134 
  

 that this shows an intent to obtain value from unassigned numbers to protect his own phone number from 
the same kind of disruption he was imposing on consumers.  Further, he had no right to use unassigned 
numbers.  He could have requested a toll-free number or additional working telephone lines from his 
carrier to populate the caller ID, but he did not.  These acts further show his intent to use unassigned 
numbers to wrongfully obtain anything of value.85  We also reject Roesel s claim that using unassigned 
 numbers as the caller ID in connection with a massive illegal telemarketing campaign is  benign.   The 
 benign  use recognized in the Senate Report involved instances where the caller ID is modified to 
protect, for example, domestic abuse victims, where the caller ID was spoofed for reasons other than an 
intent to defraud, cause harm, or wrongfully obtain anything of value.86  That is demonstrably not the case 
 here.  Accordingly, the evidence supports our conclusion that Roesel spoofed the caller ID for calls to 
 millions of consumers, including the 82,106 upon which the forfeiture is based, with the intent to 
wrongfully obtain anything of value.  
      34.    Intent  under the Truth in Caller ID Act is not limited to wrongfully obtaining anything 
of value solely from the called party.  Roesel argues that even if marketing leads qualified as a thing of 
value, such value was not obtained from the called party but rather from referrals to other sales agents and 
thus fall outside the scope of the Truth in Caller ID Act.87  The crux of Roesel s argument is that, in his 
 view, the  intent  element in the Truth in Caller ID Act is limited to an intent to defraud, cause harm, or 
 wrongfully obtain anything of value from the called party only.88  
      35.   We reject this argument.  The text of the Truth in Caller ID Act does not limit from 
whom a spoofer may wrongfully seek to obtain value to called parties.89  Further, Roesel s reliance on the 
 Commission s statement in the Truth in Caller ID Order for support is misplaced.  The Commission 
 noted there that  the person or entity intending to defraud, cause harm or wrongfully obtain anything of 
 value must facilitate the scheme through the manipulation or alteration of caller identification 
 information. 90  This statement explicates who may be a perpetrator of spoofing; it does not address or 
limit where the perpetrator may wrongfully obtain anything of value or who may be a potential victim.91  
                                                      
 85 See Advanced Methods to Target and Eliminate Unlawful Robocalls, Report and Order and Further Notice of 
 Proposed Rulemaking, 32 FCC Rcd 9706, 9713, para. 18 (2017) ( Use of an unassigned number provides a strong 
 indication that the calling party is spoofing the Caller ID to potentially defraud and harm a voice service subscriber.  
 Such calls are therefore highly likely to be illegal. ).  Roesel argues that the Commission s statement indicates  that 
 the use of unassigned numbers . . . may in fact be for benign purposes.   Response at 25 n.95 (citing Advanced 
 Methods to Target and Eliminate Unlawful Robocalls, Notice of Proposed Rulemaking, 32 FCC Rcd. 2306 (2017)).  
 Whether or not there may be benign uses of unassigned numbers to spoof caller ID is irrelevant.  As discussed 
 above, Roesel s use of unassigned numbers was not benign.   
 86 See S. Rep. No. 111-96, at 2 (2010), as reprinted in 2010 U.S.C.C.A.N. 1376, 1377 (2009). 
 87 See Response at 40.   
 88 See id. at 30 ( [V]iolations under the Caller ID Act require a showing that the acting party altered caller ID 
 information in furtherance of a scheme intended to (1) cause harm to the called party; (2) defraud the caller [sic] 
 party; or (3) wrongfully obtain anything of value from the called party. ) (emphasis added); see also id. at 31 
(arguing harms to SpMk s medical paging network and persons relying on medical pagers  are not sufficient to show 
intent to cause harm for purposes of the Caller ID Act, which requires a showing that BIC used unassigned numbers 
for caller ID purposes with the intent to harm called parties who used the Spok paging network. ) (emphasis added); 
id. at 40 ( the Caller ID Act applies only to those who intend to obtain  something of value from the called 
persons.  ).    
 89 See 47 U.S.C.  227(e)(1). 
 90 See Truth in Caller ID Order, 26 FCC Rcd at 9121, para. 19. 
 91 See e.g., Abramovich Forfeiture Order, 2018 WL 2192429, at *5, 11, paras. 17, 37 (finding the perpetrator 
intended to cause harm to not only the called party but others as well, including SpMk and the carrier who carried 
Abramovich s call traffic).  The limitation sought by Roesel would open the door to a variety of scams to attenuate 
causation and we are slamming that door shut.   

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                               Federal Communications Commission                      FCC 18-134 
  

 Nothing in the Truth or Caller ID Act requires that the intent must be directed to any particular person or 
 class of persons, let alone to the exclusion of all others. 
        36.     We find that Roesel used caller ID spoofing with the intent to wrongfully obtain 
 something of value.  Thus, Roesel violated the Truth in Caller ID Act.  Roesel retained a robocall dialing 
 platform with the intent to engage in an illegal robocalling campaign and relied on spoofed numbers to 
 sell health insurance and generate leads for his clients.  Roesel failed to obtain the prior consent of the 
 consumers he called, called emergency lines, and called numbers that were on the national Do Not Call 
 registry.  He did this intentionally and knowing that he was using spoofed numbers to robocall people 
 without their consent (i.e., in violation of the TCPA).  In other words, Roesel intentionally used an 
 unlawful robocalling campaign with spoofed numbers to place more than 21 million calls to consumers, 
 including the 82,106 calls upon which we base the forfeiture.    
               2.      Roesel s Actions Demonstrate an Intent to Cause Harm. 
        37.    In addition to finding that Roesel spoofed calls with the intention of wrongfully obtaining 
something of value, the evidence supports the NAL s determination that Roesel intended to cause harm.  
In the NAL, the Commission focused on four types of harm, (1) harm to the consumers he called, (2) harm 
 to SpMk s medical paging network, (3) harm to carrier networks, and (4) devaluation of the phone 
 numbers that Roesel displayed on the called parties caller ID. 92 
        38.    Roesel does not deny that he caused harm.  Rather, he argues that the Truth in Caller ID 
Act does not apply in cases involving TCPA violations, and even if it did, he did not intend to cause harm 
or did not know he was causing harm.93  Roesel argues that the Truth in Caller ID Act only applies in 
 cases that involve a malicious act or scheme effectively a criminal act.94  While not challenging the 

                                                      
 92 NAL, 32 FCC Rcd at 6408-11, paras. 16-23.  For example, one unassigned number used by Roesel, 843-211-9757, 
is flagged as untrustworthy by caller identification service Showcaller.  Based on user feedback, Showcaller reports 
that the  Spam Activity Level  for the number is  High,  and the number is flagged as one associated with 
telemarketing calls.  Id. at 6411, para. 23 (citing Showcaller, https://www.show-caller.com/us/+18432119757 (last 
 visited Aug. 30, 2018)).  The evidence of consumer harm was corroborated by a former assistant to Philip Roesel.  
 See NAL, 32 FCC Rcd at 6408-11, paras. 17-18.  Roesel disputes the statements of the former assistant.  See Roesel 
Declaration at paras. 19-29; see also Response at 33-35.  We do not need to reach a decision regarding the accuracy 
of the statements made by the former assistant.  In this Forfeiture Order, we do not base our decision on the 
statements of the former assistant.  Our decision is based on other evidence of consumer harm cited in the NAL; we 
cite the statements of the former assistant to show only that those statements corroborate other evidence. 
 93 See Roesel Declaration at paras. 15, 17, 18; see also Response at 10-23. 
 94 See Response at 10-23.  Roesel argues that a malicious act or scheme is lacking in the NAL and that, according to 
Roesel, the Commission seeks to find such by use of a former assistant (identified as a  whistle blower  in the NAL) 
that told the Bureau during the investigation that, among other things, Roesel was targeting the poor, elderly, and 
infirm persons.  Response at 17-18.  Roesel disputes the statements of his former assistant.  Response at 18, 33-35.  
However, even assuming the statements were true, according to Roesel, the allegations  at most asserts some sort of 
deceptive intent  and thus, fall short of the intent to defraud, cause harm, or wrongfully obtain anything of value 
prohibited by the Truth in Caller ID Act.  Response at 18, citing Teltech Sys. v. Bryant, 702 F.3d 232 (5th Cir. 
2012).  The question in Teltech was whether a state spoofing law was conflict-preempted by the Truth in Caller ID 
Act where it prohibited spoofing with  intent to deceive, defraud or mislead the recipient of a call . . . .   Id. at 234 
(emphasis in original).  The court noted that the state law was more restrictive than the Truth in Caller ID Act 
because, in addition to outlawing spoofing with an intent to defraud, cause harm, or obtain anything of value (what 
the court referred to as  harmful spoofing ), the state law also outlawed spoofing   with the intent to deceive ... or 
mislead the recipient of the call,   in what the court referred to as  non-harmful spoofing .  Id.  The court found  an 
inherent federal objective in [the Truth in Caller ID Act] to protect non-harmful spoofing  and that the state law s 
 proscription of non-harmful spoofing spoofing done without  intent to defraud, cause harm, or wrongfully obtain 
anything of value  frustrates this federal objective and is, therefore, conflict-preempted.   Id. at 239.  The court 
based its decision on the legislative history of the Truth in Caller ID Act (whereby the House version that included 
intent to deceive language was not included in the final law) and Congress s recognition that there were benign uses 
                                                                                      (continued& ) 
                                                14 
                               Federal Communications Commission                      FCC 18-134 
  

 Citation s findings that he engaged in robocalling that violated the TCPA, Roesel contends that because 
 the TCPA is a civil statute (not a criminal statute), illegal robocalling facilitated by spoofed numbers 
(even assuming harm is the result) could not violate the Truth in Caller ID Act.95   
        39.     We disagree.  The Truth in Caller ID Act prohibits  caus[ing] any caller identification 
 service to knowingly transmit misleading or inaccurate caller identification information with the intent to 
 defraud, cause harm, or wrongfully obtain anything of value. 96  Section 64.1604(a) of the Rules states in 
 relevant part that no person  shall, with the intent to [ ], cause harm, . . . knowingly cause, directly or 
 indirectly, any caller identification service to transmit or display misleading or inaccurate caller 
 identification information. 97  On their faces, both the statute and Rules refer to causing  harm  and are 
not restricted to intentionally causing harm by means a malicious or criminal act.98  In fact, the 
 Commission has held that the element of  harm  in the Truth in Caller ID Act is broad and  encompasses 
 financial, physical, and emotional harm 99 without tying such harm to malicious acts or criminal conduct.  
 Thus, Roesel s claim that the Truth in Caller ID Act does not apply to violations of civil statutes like the 
 TCPA is not supported by the Act.  
        40.     With respect to Roesel s claim that he had no knowledge he was causing harm or lacked 
 the requisite intent to harm, both Congress and the Commission have long recognized that the placement 
 of illegal robocalls causes consumers significant harm, including that such calls are a nuisance and 
 invasion of privacy.100  The Commission has previously found, as we do in this case, that when spoofing 
 (Continued from previous page)                                                      
 of caller ID spoofing (non-harmful uses).  We do not need to determine the applicability of Teltech to this case 
because:  (1) our holding in this case finds that Roesel spoofed the caller ID with the intent to cause harm and 
wrongfully obtain anything of value  harmful  spoofing based on the court s interpretation of the Truth in Caller 
ID Act; and (2) although the former assistant s statements may have affected the tone of the NAL, the statements 
were made to Bureau staff as part of investigation and thus were properly discussed in the NAL.  That said, we do 
not rely on the assistant s statements in this Forfeiture Order but, rather, on other evidence in the record to prove the 
violations here, including the intent requirement. 
 95 See Response at 15.  
 96 47 U.S.C.  227(e)(1). 
 97 47 CFR  64.1604(a). 
 98 Roesel cites an earlier version of the Truth in Caller ID Act, which was not adopted by Congress, that prohibited 
deceptive spoofing.  He argues that Congress must have intended that spoofing be associated with something more 
nefarious than deception to violate the law.  See Response at 10-15.  Implicit in his argument is what appears to be 
Roesel s view that his spoofing was merely annoying, or at worst, deceptive, and therefore not prohibited by the 
statute.  We reject this idea.  As discussed more fully above and in the NAL, the evidence in this case proves that 
Roesel knowingly violated the TCPA using spoofed caller ID with intent to harm or wrongfully obtain anything of 
value and thus, meets the standard adopted by Congress proving a violation of the Truth in Caller ID Act.  While 
Roesel s actions may have been annoying and deceptive as well (see supra note 94), the NAL does not charge 
Roesel or BIC with a violation of the Truth in Caller ID Act based on an intent to deceive or annoy. 
 99 Truth in Caller ID Order, 26 FCC Rcd at 9122, para. 22.  Roesel argues that the Commission s finding that 
 harm  is broad is also limited to harm resulting from criminal or near-criminal acts because, according to Roesel, 
the Commission made that finding in response to comments by Network to End Domestic Violence that the term 
harm  include[d] stalking, harassment, and the violation of protection and restraining orders.   Response at 23 
 (emphasis in original).  We find Roesel s argument unpersuasive.  The clarifying language responding to the 
 Network to End Domestic violence that harm  included  stalking, etc., does not mean that it is limited to those types 
 of harms.  Included is inclusive of, not exclusive to, the examples that follow.  See Federal Land Bank of St. Paul v. 
 Bismark Lumber Co., 314 U.S. 95, 100 (1941) ( the term  including  is not one of all-embracing definition, but 
 connotes simply an illustrative application of the general principle ); see also Dong v. Smithsonian Institution, 125 
 F.3d 877, 880 (D.C. Cir. 1997) (citing Federal Land Bank for the proposition that  the word  includes  normally 
does not introduce an exhaustive list but merely sets out examples of some  general principle.  ).  
 100 See Pub. L. No. 102-243 (1991); Rules and Regulations Implementing the Telephone Consumer Protection Act of 
1991, Report and Order, 7 FCC Rcd 8752 (1992). 

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                               Federal Communications Commission                      FCC 18-134 
  

 is done in conjunction with an illegal robocalling campaign (itself a harmful practice), it indicates an 
 intent to cause harm.101  Thus, by intentionally engaging in an illegal activity known to cause harm to 
various types of individuals,102 Roesel knew that his actions would cause harm to parties who would not 
have consented, and we can therefore infer that he intended to cause harm on a widespread basis (even if 
he did not intend to harm any specific call recipient, such as SpMk).  
        41.     We also reject Roesel s claim that he lacked adequate notice that his conduct was 
unlawful because he believed (wrongly) that the Truth in Caller ID Act and Rules did not apply to his 
conduct.103  The Truth in Caller ID Act and the implementing Rules identify the elements of a spoofing 
violation, including the standard by which a case will be brought.  Thus, the Truth in Caller ID Act and 
Rules provided Roesel with sufficiently clear guidelines for him to ascertain that using spoofed caller ID, 
in conjunction with an unlawful robocalling campaign, violated the Truth in Caller ID Act.104  We find it 
 unnecessary to undertake another rulemaking on the scope of the Truth in Caller ID Act as the Response 


                                                      
 101 See Abramovich Forfeiture Order, 2018 WL 2192429, at *8, para. 27; see also NAL, 32 FCC Rcd at 6408, para 
 16.   
 102  All of us, the entire country, is keenly aware of the robocall problem . . . .  Namely: unwanted, abusive 
telephone calls disturbing consumers  privacy and frequently using fraud and deception to pitch goods and services, 
which cause significant harm.   Niels Lesniewski, Even Senators Hate Robocalls, Roll Call (Oct. 4, 2017), 
https://www.rollcall.com/news/policy/even-senators-hate-robocalls; see also Complaint #77992364 (Consumer 
 Sentinel, Oct. 31, 2016) (A consumer that received unauthorized robocalls from Roesel complained  Do 
 something!! Robocalls in the evening are NOT ok!!! ).    
 103 See Response at 24-26.  We also reject the Response s claim that applying the Truth in Caller ID Act to anything 
less than a criminal infraction represents an expansion of the Act without notice and, at a minimum, the Commission 
must first issue a citation.  See Response at 24-30.  The Truth in Caller ID Act empowers the Commission  to 
proceed expeditiously to stop and . . . assess a forfeiture penalty against, any person or entity engaged in prohibited 
caller ID spoofing without first issuing a citation  against the violator.  Truth in Caller ID Order, 26 FCC Rcd at 
9132, para. 47.  Unlike Section 47 U.S.C.  503(b)(5) of the Communications Act, the Truth in Caller ID Act only 
requires that the Commission provide the notice required under Section 503(b)(3) of the Act (notice and opportunity 
for a hearing before the Commission or an administrative law judge) or Section 503(b)(4) of the Act (Notice of 
Apparent Liability for Forfeiture) before assessing a forfeiture for unlawful spoofing.  47 U.S.C.  227(e)(5)(A).  
Here, we provided the required notice under Section 503(b)(4) of the Act through a Notice of Apparent Liability for 
Forfeiture.  Moreover, the Response acknowledges that the Commission addressed the issue of proceeding directly 
to NAL in the notice and comment rulemaking adopting the Rules implementing the Truth in Caller ID Act.  See 
Response at 27 (quoting the discussion in the NPRM to the rulemaking).  We also find unpersuasive Roesel s 
argument that the Commission s decision not to first issue citations for violations of the Truth in Caller ID Act is 
contrary to its decision implementing the Middle Class Tax Relief Act (finding that a citation was warranted for 
violations of that Act by non-licensees).  See Response at 29.  Unlike the Truth in Caller ID Act that identified 
specific provisions of Section 503 that applied when imposing forfeitures for violations of the Truth in Caller ID Act 
and excluded Section 503(b)(5) (i.e., the citation requirement) Section 6507(c) of the Middle Class Tax Relief Act 
referred only generally to the applicability of Section 503 for violations.  Thus, the Commission determined that all 
of Section 503 applied, including the citation requirement of Section 503(b)(5).  See Implementation of the Middle 
Class Tax Relief and Job Creation Act of 2012, Report and Order, 27 FCC Rcd 13615, 13631-33, paras. 32-35 
 (2012). 
 104 See, e.g., Star Wireless, LLC v. FCC, 522 F.3d 469, 473 (D.C. Cir. 2008) (finding the regulation and other public 
 statements of the FCC meant that the  regulated party acting in good faith would be able to identify, with 
 ascertainable certainty, the standards with which the agency expects parties to conform  (citations omitted)); see 
 also Truth in Caller ID Order, 26 FCC Rcd at 9122, para 22 (finding that terms in the Truth in Caller ID Act were 
 sufficiently clear to provide guidance about what actions were prohibited); Abramovich Forfeiture Order, 2018 WL 
 2192429, at *9, para. 32.    

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                         Federal Communications Commission           FCC 18-134 
  

       45.   In addition, in the NAL, the Commission found that Philip Roesel was BIC s  sole 
incorporator, the sole shareholder, and sole registered agent  and CEO.111  While not disagreeing with the 
findings, the Response argues that these facts are not enough to find the requisite unity of interest to 
pierce the corporate veil.112  The Response, however, does not refute or even address the other facts that 
 the Commission relied upon to support the decision to pierce the corporate veil.  These facts include that:  
 (1) BIC s website domain name,  bestinsurancecontracts.com,  was  registered to Philip Roesel 
 personally, rather than  BIC;113 (2) Philip Roesel s home is BIC s business address;114 (3) BIC and Philip 
Roesel used the same telephone number for BIC business and Philip Roesel s personal business115 
 according to Philip Roesel, BIC used his personal cellphone number for BIC business;116 (4) Philip Roesel 
comingled personal financial accounts with BIC;117 and (5) Philip Roesel set up the account with the 
 calling platform to carry out the illegal robocalling scheme, made or caused the illegal calls to be made 
 through the calling platform, and made all decisions related to the calling platform.118  In his declaration, 
 Philip Roesel confirms that those decisions included, among other things, who to call (the calling list), the 
 decision to spoof the caller ID (and what false numbers to use), and whether or not to call a consumer 
 back and disclose his true identity and telephone number.119   
       46.   Further, we disagree with the Response that  there is no justification for imposing [ ] 
liability on [Philip] Roesel rather than  BIC alone.120  The evidence demonstrates that BIC is a shell 
corporation created by Philip Roesel to conduct a massive illegal spoofed robocalling campaign to 
generate leads and sell health insurance.  The facts show that Philip Roesel is the actor behind the illegal 
campaign and that BIC was merely an instrument used by him.  These factors taken together support our 
finding to pierce the corporate veil and to hold Philip Roesel personally, and hence jointly and severally, 
liable with BIC for the apparently unlawful conduct.121   

                                                      
 111 NAL, 32 FCC Rcd at 6416, para. 36. 
 112 See Response at 47.  The Response cites Valley Fin., Inc. v. United States, 629 F.2d 162, 172 (D.C. Cir. 1980) for 
 the proposition that ownership of stock by a single person is insufficient to support piercing the corporate veil.  This 
 analysis neglects the critical point that the court in fact upheld the lower court s holding piercing the corporate veil.  
 See Valley, 629 F.2d at 172-73 ( the court may ignore existence of the corporate form whenever an individual so 
dominates his organization  as in reality to negate its separate personality.   Obviously, control by the individual 
must be active and substantial . . . . ).     
 113 NAL, 32 FCC Rcd at 6416, para. 36. 
 114 Id. 
 115 Id. 
 116 See Roesel Declaration at para. 13. 
 117 NAL, 32 FCC Rcd at 6416-17, para. 36 ( Philip Roesel sometimes paid  with financial accounts in the 
name of BIC, while at other times the robocalling services were paid for using Philip Roesel s own financial 
accounts . . . . ).   
 118 Id. at 6416, para. 36. 
 119 See Roesel Declaration at paras. 1-3, 6, 13. 
 120 Response at 47. 
 121 We disagree with the Response that the  unity of interest  showing rests on whether or not the principal quickly 
creates and dissolves companies and continues to use those company names after dissolution.  See Response at 46.  
While these facts are sufficient to show a  unity of interest  and support a finding to pierce the corporate veil, courts 
have recognized other facts as well that support finding alter ego and piercing the corporate veil.  See N.L.R.B. v. 
West Dixie Enterprises, Inc., 190 F.3d 1191, 1194 (11th Cir. 1999) (finding unity of interest where there was 
commingling of assets and failure to maintain corporate formalities); United States Through Small Business Admin. 
v. Pena, 731 F.2d 8, 12 (D.C. Cir. 1984) (quoting Capital Tel. Co., Inc. v. FCC, 498 F.2d 734, 738 n.10 (D.C. Cir. 
1974)) ( Where the statutory purpose could be easily frustrated through the use of separate corporate entities a 
                                                                     (continued& ) 
                                       18 
                         Federal Communications Commission           FCC 18-134 
  

       D.   Roesel s Request for Hearing is Denied. 
      47.   When assessing a forfeiture against a person for violations of the Communications Act or 
the Rules, the Act authorizes the Commission, at its discretion, to proceed by hearing122 or through the 
issuance of a Notice of Apparent Liability (NAL).123  On August 4, 2017, the Commission released the 
NAL against Roesel for apparently engaging in unlawful spoofing.124  Pursuant to Section 503(b)(4)(C) of 
 the Act, Roesel was given an opportunity to respond to the NAL.125  On September 21, 2017, Roesel 
responded.126  The Response asks us now to effectively reverse course and proceed by hearing.127  For the 
reasons discussed below, we are not persuaded that a hearing is necessary, nor that it would serve the 
public interest.   
      48.   The Response asserts that  [a]ll of the allegations concerning BIC s and Roesel s intent 
are based on interviews the Bureau staff had with a former employee of BIC referred to as a 
 whistleblower  with minimal knowledge of BIC s operations and with no knowledge of BIC s or 
Roesel s intent. 128  The Response argues a hearing is necessary to afford an opportunity to  face this 
witness  and  test before a trier of fact the allegations made. 129  According to the Response, absent a 
 hearing,  there is no way that BIC can respond and present exculpatory evidence or refute the allegations 
 of intent made by a short term employee. 130  
      49.   We do not find a hearing necessary.  First, the Commission has already exercised its 
discretion and proceeded by NAL and this Forfeiture Order.  Pursuant to the statute, Roesel has had an 
opportunity to respond in writing and has responded.  With regard to the asserted need to confront 
witnesses generally and the  whistleblower  or former employee specifically, after release of this 
Forfeiture Order, the case may be referred to the Department of Justice to enforce the order and collect 
 the penalty.  Pursuant to Section 504(a) of the Act, at that time Roesel is entitled to a trial de novo.  Thus, 
 Roesel will have his opportunity to confront witnesses in due course, and we find that the public interest 
 would not be served by disrupting the process set out in the statute at this juncture by ordering a hearing. 
       50.   Second, we reject the Response s contention that our findings with respect to  intent  rest 
 solely (or even substantially) on the statements of a whistleblower the Response characterizes as a  short 
 term employee  and Philip Roesel calls his  assistant. 131  The statements of Philip Roesel s former 
 assistant corroborate the evidence and our findings with respect to Roesel s intent to cause harm and 
 (Continued from previous page)                                                      
 regulatory commission is entitled to look through corporate entities and treat the separate entities as one for purposes 
 of regulation. ); Green v. Freeman, 749 S.E.2d 262, 270-71 (N.C. 2016) (listing piercing factors to consider under 
North Carolina law such as  inadequate capitalization, noncompliance with corporate formalities, lack of separate 
 corporate identity, excessive fragmentation, siphoning of funds . . ., nonfunctioning officers and directors, and 
 absence of corporate records ); Telseven, LLC, Patrick Hines, Forfeiture Order, 31 FCC Rcd 1629, 1632-33, para. 
 10 (2016) (finding unity of interest where the individual and company shared same address, the individual was the 
 sole director and officer, and he had complete control over the company).   
 122 See 47 U.S.C.  503(b)(3)(A); see also 47 CFR  1.80(g). 
 123 See 47 U.S.C.  503(b)(4)(A). 
 124 See supra note 2. 
 125 See 47 U.S.C.  503(b)(4)(C). 
 126 See supra note 4. 
 127 See Response at 4, 48-49. 
 128 Id. at 48. 
 129 Id. 
 130 Id. at 49. 
 131 See Response at 49; see also Roesel Declaration at para. 19. 

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                         Federal Communications Commission           FCC 18-134 
  

 wrongfully obtain anything of value.  As shown in the NAL and discussed above, our findings with 
 respect to Roesel s intent are based on the knowing and deliberate actions of Philip Roesel, acting 
 individually and through BIC.  We draw our conclusions from the entirety of the record evidence, 
 including consumer complaints and the Response, not merely the statements of the whistleblower.  
 Accordingly, for the forgoing reasons, the Response s request for hearing is denied. 
 IV.   A DOWNWARD ADJUSTMENT FOR  INABILITY TO PAY  IS NOT WARRANTED  
       51.   Section 227(e) of the Act authorizes the Commission to assess a civil forfeiture against 
 persons who knowingly cause, directly or indirectly, any caller ID service to transmit or display 
 misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully 
 obtain anything of value.132  The statute also limits the maximum amount of the forfeiture for each 
violation to $11,052.133  For the reasons discussed in the NAL, the Commission proposed a forfeiture of 
 $82,106,000 based on 82,106 of the 21,582,771 total violations; representing a per violation forfeiture of 
 $1,000 (well under the $11,052 statutory maximum).134   
       52.Response The argues that the proposed forfeiture is in excess of Roesel s ability to pay 
and requests that the Commission reduce the proposed forfeiture to no greater than $ 135  In 
support, the Response included Philip Roesel s federal tax returns for the years 2014 through 2016 and 
commissions received from business for January through August 29, 2017.136  The Response states that 
 BIC did not        .137  The Response observes that the Commission has previously found 
 forfeitures representing between 2.02% and 7.96% of an entity s gross revenues not to be excessive when 
 assessing forfeitures.  The Response states that $  represents 7.96% of Roesel s gross income and 
that this should be the amount of the forfeiture (an amount that excludes ).138 
       n53. the  NALI , the Commission said that we  will not consider reducing or canceling a 
forfeiture in response to a claim of inability to pay unless the petitioner submits:  (1) federal tax returns 
for the most recent three-year period; (2) financial statements prepared according to generally accepted 
accounting practices; and (3) any other reliable and objective documentation that accurately reflects the 
petitioner s current financial status. 139  Roesel submitted three years of federal tax returns and what 
                                                      
 132 47 U.S.C.  227(e)(5)(A)(i); 47 CFR  64.1604(a). 
 133 The per violation maximum was initially set at $10,000 and has subsequently been raised periodically to account 
for inflation.  See 47 U.S.C.  227(e)(5)(a)(i) ( The amount of the forfeiture penalty determined under this paragraph 
shall not exceed $10,000 for each violation ); 47 CFR  1.80 (adopting the statutory maximum with the required 
inflation adjustment); Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, 31 FCC Rcd 13485, 13489 
 (2016).  In the alternative and in lieu of the Act s general criminal penalty provisions in Section 501 of the Act, the 
 Truth in Caller ID Act also provides for criminal fines up to $10,000 for each violation, or three times that amount 
 for each day of a continuing violation.  47 U.S.C.  227(e)(5)(B).   
 134 See NAL, 32 FCC Rcd at 6414-15, para. 33.  Consistent with the Truth in Caller ID Act, the base forfeiture was 
established on a per violation basis.  47 U.S.C.  227(e)(5)(A)(i).  In setting the base we used the lowest base 
forfeiture amount specified in Section 1.80.   
 135 Response at 45-46, Exh. 2 at 1, 3. 
 136 See id. at Exh. 2. 
 137 See Response, Exh. 2 at 2. 
 138 See Response at 45-46; see also id. at Exh. 1 (citing Kenneth Paul Harris, Sr., Forfeiture Order, 15 FCC Rcd 
23991, 23993, para. 7 (EB 2000); Hoosier Broadcasting Corporation, Memorandum Opinion and Order, 15 FCC 
Rcd 8640, 8641, para. 7 (EB 2000); PJB Commc'ns. of Virginia, Inc., Memorandum Opinion and Order, 7 FCC Rcd 
2088, 2089, para. 9 (1992); Coleman Enterprises, Inc. d/b/a Local Long Distance, Inc., Apparent Liability for 
Forfeiture, 15 FCC Rcd 24385 (2000)).  But see infra notes 146, 157 (declining to adjust the forfeiture downward; 
following a different line of Commission cases).  
 139 NAL, 32 FCC Rcd at 6418, para. 43 (emphasis added). 

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                               Federal Communications Commission                      FCC 18-134 
  

 appears to be an                  that he asserts represents net commissions he received for the 
 months January 2017 through August 31st of 2017.140  Wholly lacking are  financial statements prepared 
according to generally accepted accounting practices  and  any other reliable and objective 
documentation that accurately reflects the petitioner s current financial status. 141  Thus, the Response 
fails to meet even the minimum standard the Commission identified in the NAL in order to consider a 
request for adjustment based on inability to pay.  As the Commission explained in the Abramovich 
Forfeiture Order, and equally applicable to Roesel:142  
        Although the Commission has looked at the prior three years of tax returns as one way to 
        benchmark an ability to pay, we also recognize that income may represent only a small 
        fraction of a wrongdoer s wealth.  Thus, the tax returns in themselves may not fully 
        address whether the wrongdoer is able to pay the proposed forfeiture.143  We note, too, 
        that when the Department of Justice pursues collections on the Commission s behalf, it 
        looks at a wide range of resources, beyond tax returns, in evaluating a person or entity s 
        ability to pay a claim or judgment.144  If we limit our analysis to tax returns, the 
        Commission would be ignoring relevant assets that the Department of Justice would 
        consider in its ability to pay determination, potentially reducing the pool of assets that 
        could factor into the determination.145   
        54.    Accordingly, we deny Roesel s request for modification for lack of appropriate 
documentation.  Even if we assume for the sake of argument that the documents provided are all that exist 
and Roesel lacks other financial assets beyond those identified in his tax returns, for the reasons discussed 
below, we would also decline to reduce the forfeiture based on an asserted inability to pay.146   

                                                      
 140 See Response at 45; see also id. at Exh. 2, Attach. 4. 
 141 NAL, 32 FCC Rcd at 6418, para. 43. 
 142 Abramovich Forfeiture Order, 2018 WL 2192429, at *13, para. 44. 
 143 In addition, [Roesel] offers no basis for the Commission to conclude that his estimated  present  income (for the 
year 20[18]) is representative of his future earning potential.  Further, [Roesel] presents no evidence concerning his 
 educational background, physical capacity, or professional skills that might enable the Commission to assess his 
 future earning potential.  Finally, [Roesel] made [little or] no showing regarding assets he or his companies may 
 have to satisfy the forfeiture, including available funds, potential access to capital, and whether he or his companies 
 may come into funds in the future.  See, e.g., United States v. Elizabeth Mastropierro, et. al., 931 F.2d 905, 906-07 
 (D.C. Cir. 1991) (When considering ability to pay in applying the sentencing guidelines, the court recognized  the 
appellants are currently without substantial assets or gainful employment and therefore unable to pay the full fines 
immediately, we nevertheless conclude that the record supports the judge s implicit finding that they can obtain 
employment and pay the fines over time. ). 
 144 See U.S. Department of Justice, Financial Statement of Debtor, https://www.justice.gov/sites/default/files/usao-
 wdwa/legacy/2011/10/03/Fillable%20Form%20Financial%20statement%20individual.pdf.  These include, for 
 example, bank accounts, investments, cash, available credit, participation in profit sharing plans, vehicles, any 
 anticipated increase in household income in the next two years, real estate, personal assets, and accounts or loans 
 receivable.  The FCC also considers assets, liabilities, income, and expenses when determining the ability to pay a 
 debt in installments.  See 47 CFR  1.1914.  
 145 It makes little sense for the Commission to limit its consideration to a subset of potential resources.  Because the 
Department of Justice may not collect more than the forfeiture amount that the Commission establishes, limiting our 
ability to pay analysis effectively reduces the broader scope of resources that the Department of Justice will include 
in its analysis. 
 146 We have never adjusted downward a proposed forfeiture for inability to pay when millions of violations have 
been committed by a single individual.  Thus, we are not guided by the cases cited by the Response.  See supra note 
138.  In fact, even in cases involving far fewer violations and consumer harm, where the violations are repeated or 
particularly egregious, as in this case, our precedent is to not adjust the forfeiture downward for inability to pay.  See 
Purple Communications, Inc., Forfeiture Order, 30 FCC Rcd 14892, 14903-904, paras 32-33 (2015) (acknowledging 
                                                                                      (continued& ) 
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                         Federal Communications Commission           FCC 18-134 
  

       55.   When we assess forfeitures for violations of Section 227(e), the Commission has stated 
that it will  employ the balancing factors  of Section 503  when determining the amount of a forfeiture 
penalty  to take into account the specific facts of a given case.147  Roesel does not expressly challenge the 
 Commission s application of the balancing factors.  His sole argument is that the proposed forfeiture is in 
 excess of his ability to pay and asks that we consider this  statutory  factor as a basis for reducing the 
 penalty.148  As the Commission has found in prior cases, ability to pay is only one of several factors we 
 consider in determining the appropriate forfeiture; as explained below, we find that factor to be greatly 
 outweighed by other balancing factors that militate in favor sustaining the forfeiture proposed in the NAL. 
       56.   As a preliminary matter, the Truth in Caller ID Act does not require that there be actual 
 harm; only that there be an intent to cause harm, defraud, or obtain anything of value.  However, in this 
 case and as more fully discussed above, Roesel not only obtained anything of value, but did in fact cause 
 harm.  Roesel harmed consumers, SpMk s medical paging network, between five and ten thousand SpMk 
 subscribers, carriers that transmitted millions of his illegal spoofed calls, and telephone numbers (a public 
 resource).  Roesel admits that he made the spoofed robocalls during the relevant period between October 
 2016 and January 2017 and that the calls were made through an account he set up using a calling 
 platform.  Further, he does not refute evidence (i.e., the call records) that the 82,106 calls on which the 
 Commission based the NAL were representative of his operation.  In short, Roesel s misconduct was 
 egregious and demonstrates a blatant disregard for the law and for the rights of consumers.  The violations 
were intentional and repeated.  He caused substantial harm and gained economically from his misconduct.  
These are all factors we consider in determining whether an upward adjustment to a base fine should be 
made under Section 503(b)(2)(E) of the Act not downward.149  
       57.   In addition, in the NAL, the Commission limited the proposed forfeiture to the 82,106 call 
violations verified by the Bureau (less than one percent of the total 21,582,771 potential violations); itself 
a substantial discount off the total potential forfeiture.  And, as the Commission recognized in the NAL, 
by applying a $1,000 base forfeiture, the FCC was  significantly lowering the potential penalty which 
 (Continued from previous page)                                                      
 that  standing alone, Purple s financial documents might support a reduction  but finding after applying the 
 balancing factors no reduction was warranted); Telecom Long Distance, Inc., Forfeiture Order, 31 FCC Rcd 10392, 
 10410-411, paras. 42-44 (2016); see also infra note 157.  Thus, our conclusion not to downward adjust in this case 
follows these latter line cases and is based on the facts before us and guided by the balancing factors of Section 
503(b)(2)(E).     
 147 Although the Commission is not statutorily required to apply the section 503(b)(2)(E) balancing factors in cases 
involving apparent violations of section 227(e), the Commission said it would do so.  See Truth in Caller ID Order, 
26 FCC Rcd at 9132, para. 46 ( In order to provide guidance about the factors the Commission will use in 
determining the amount of penalty it will assess for violations of the Truth in Caller ID Act, we adopt . . . the 
balancing factors the Commission typically considers when determining the amount of a forfeiture penalty. . . .  The 
balancing factors include the nature, circumstances, extent, and gravity of the violation, and, with respect to the 
violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may 
require.  These factors allow the Commission to properly consider the specific facts of each case when determining 
an appropriate forfeiture penalty.  (citations omitted)).  
 148 See Response at Exh. 2.  Roesel does not challenge the proposed forfeiture on Constitutional grounds as was the 
 case in Abramovich.  See Abramovich Forfeiture Order, 2018 WL 2192429, at *9, paras. 29-32.  Thus, we need not 
 repeat our Constitutional analysis from the Abramovich case here.  We note, however, in Abramovich we were 
 dealing with analogous facts involving a massive spoofed robocalling scheme in violation of the Truth in Caller ID 
 Act and our Rules.  Further, we applied the same $1,000 base in the present case as we did in Abramovich and 
 determined that the forfeiture was not  excessive  in violation of the Constitution.  Id.  Thus, consistent with our 
 findings in the Abramovich Forfeiture Order, we find that the forfeiture we impose by this Forfeiture Order to be 
 reasonable and not excessive.       
 149 See 47 C.F.R.  1.80(b)(8), NOTE: Section II, Adjustment Criteria for 503 Forfeitures, Upward Adjustment 
Criteria (1)-(8).  That said, the NAL declined to impose an additional upward adjustment above the base forfeiture; 
although Roesel s conduct could support an upward adjustment, we find it is unnecessary to do so at this juncture. 

                                       22 
                         Federal Communications Commission           FCC 18-134 
  

 may reach up to a statutory maximum of $11,052 per call. 150  If we were to reduce the forfeiture even 
more (to no more than $  as Roesel requests) the result would be less than one half of one cent per 
violation an entirely unreasonable per violation amount in light of the $11,052 maximum (adjusted for 
inflation) set by Congress.  Such a per violation amount simply would not reflect the nature, 
circumstances, extent, and gravity of the violations.  Nor would it reflect Philip Roesel s culpability as the 
person behind the massive illegal spoofed robocalling scheme or the egregious conduct considering the 
sheer volume of calls over just one three-month period.151   
       58.   As the Commission said in the Abramovich Forfeiture Order,  [i]n cases like this, where 
 a person engages in rampant lawlessness in violation of the Act and our Rules, our forfeiture must be high 
 enough to deter future wrongdoing, and ensure that our forfeiture is not just the cost of doing business. 152  
 Thus, we affirm the finding in the NAL that  [o]n balance, . . . neither an upward adjustment nor a further 
 downward adjustment to the proposed base forfeiture of $82,106,000 is necessary to punish misconduct 
 and deter future wrongdoing. 153  Consistent with the FCC s finding in Abramovich,  [t]he fact that even a 
greatly reduced per-violation forfeiture amounts to $[82,106,000] is a problem wholly of [Philip Roesel] s 
 own making.  [Philip Roesel] elected to engage in massive spoofing and committed more than [21] 
 million separate violations.  The volume of his violations does not justify a  volume discount.  154 
      59.   Finally, as in Abramovich, we  consider the context in which th[e] spoofing violations 
occurred in furtherance of a massive robocalling campaign to millions of consumers without their prior 
written consent. 155  In a separate action released simultaneously with the NAL, the Bureau cited Roesel 
for making illegal telemarketing robocalls to consumers on their wireless and landline phones, as well as 
to critical emergency phone lines, without prior express written consent and absent an emergency 
purpose, and to persons who s numbers were on the Do Not Call list.156  Justice requires that we consider 
 the egregiousness of Roesel s violations, the consumers he harmed, and the scale and scope of all his 
 illegal activities.  The facts in this case do not warrant a reduction in the proposed forfeiture.   
       60.   Thus, after balancing the statutory factors and taking into consideration the arguments 
 advanced in the Response, we find that the  ability to pay  factor to be greatly outweighed by the other 
 balancing factors that militate in favor of an assessing the forfeiture proposed in the NAL.  Our decision 
 not to downward adjust based on ability to pay is consistent with prior precedent.157  As the Commission 
 said in the Abramovich Forfeiture Order,  
      [w]hen adopting its spoofing rules, the Commission said that it would  seek substantial 
      penalties  against violators.  Because of the ease and low costs that technology has 
      brought to the task of generating telephone calls and falsifying caller ID information for 
      unlawful purposes, large-scale violators may generate hundreds of thousands or even 
                                                      
 150 NAL, 32 FCC Rcd at 6415, para. 33 n.84; see also 47 U.S.C. 503(b)(2)(E). 
 151 NAL, 32 FCC Rcd at 6415, para. 33. 
 152 Abramovich Forfeiture Order, 2018 WL 2192429, at *14, para. 46. 
 153 NAL, 32 FCC Rcd at 6415, para. 33 (footnote omitted). 
 154 Abramovich Forfeiture Order, 2018 WL 2192429, at *7, para. 25. 
 155 Id. at *14, para. 47.  
 156 See supra note 3. 
 157 See, e.g., TV Max, Inc., et al., Forfeiture Order, 29 FCC Rcd 8648, 8661, para. 25 (2014) (noting that the 
Commission  has previously rejected inability to pay claims in cases of repeated or otherwise egregious 
violations ); Kevin W. Bondy, Forfeiture Order, 26 FCC Rcd 7840, 7844-45, para. 16 (EB 2011) (violator s repeated 
intentional and malicious violations outweighed evidence of inability to pay), recon. dismissed, Memorandum 
Opinion and Order, 28 FCC Rcd 1170 (EB 2013); Whisler Fleurinor, Forfeiture Order, 28 FCC Rcd 1087, 1090, 
para. 9 (EB 2013) (violator s demonstrated inability to pay outweighed by gravity of repeated violations). 

                                       23 
                         Federal Communications Commission           FCC 18-134 
  

       millions of illegal calls within a short period of time.  We find that large-scale spoofing 
       operations tend to be more harmful to consumers. . . .  Accordingly, any proposed 
       forfeitures in such cases must reflect the exponential harm associated with large-scale 
       spoofing.158   
      61.   Accordingly, we decline to downwardly adjust the proposed forfeiture based on an 
asserted  inability to pay.   We conclude, based upon the evidence before us, that the proposed forfeiture 
 of $82,106,000 properly reflects the seriousness, duration, and scope of Roesel s violations.  
 V.   CONCLUSION 
      62.   Based on the record before us and the applicable statutory factors, we conclude that 
Roesel willfully and repeatedly violated Section 227(e) of the Act159 and Section 64.1604 of the Rules.160  
 We decline to cancel or reduce the $82,106,000 forfeiture proposed in the NAL. 
 VI.   ORDERING CLAUSES 
       63.   Accordingly, IT IS ORDERED that, pursuant to Sections 227(e)(5)(A)(i) and 503(b) of 
 the Act161 and Section 1.80 of the Rules,162 Best Insurance Contracts, Inc., and Philip Roesel, doing 
 business as Wilmington Insurance Quotes, are JOINTLY AND SEVERALLY LIABLE FOR A 
MONETARY FORFEITURE in the amount of eighty-two million, one hundred and six thousand 
dollars ($82,106,000) for willfully and repeatedly violating Section 227(e) of the Act163 and Section 
64.1604 of the Rules.164  
      64.    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 of this Forfeiture Order.165  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.166   
      65.   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.  Best Insurance 
Contracts, Inc., and Philip Roesel, doing business as Wilmington Insurance Quotes, shall send electronic 
notification of payment to Lisa Williford at Lisa.Williford@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.167  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 completed Form 159) must be 
                                                      
 158 Abramovich Forfeiture Order, 2018 WL 2192429, at *14, para. 48. 
 159 47 U.S.C.  227(e). 
 160 47 CFR  64.1604. 
 161 47 U.S.C.  227(e)(5)(A)(i), 503(b). 
 162 47 CFR  1.80. 
 163 47 U.S.C.  227(e). 
 164 47 CFR  64.1604. 
 165 47 CFR  1.80. 
 166 47 U.S.C.  504(a). 
 167 An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf. 

                                       24 
                         Federal Communications Commission           FCC 18-134 
  

           mailed to the 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. 
       66.   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 20554.168  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. 
      67. T IS  FURTHERI  ORDERED that a copy of this Forfeiture Order shall be sent by first 
class mail and certified mail, return receipt requested, to Best Insurance Contracts, Inc., and Philip 
Roesel dba Wilmington,  Insurance Quotes, at                            and to 
Martin L. Stern, Womble Carlyle Sandridge & Rice, LLP, 1200 Nineteenth St, N.W., Suite 500, 
Washington, DC 20036 and Christopher W. Jones, Womble Carlyle Sandridge & Rice, LLP, 555 
Fayetteville Street, Suite 1100, Raleigh, NC 27601, Counsel to Best Insurance Contracts, Inc., and Philip 
Roesel. 
                                    FEDERAL COMMUNICATIONS COMMISSION 
  
  
  
  
                                     Marlene H. Dortch 
                                     Secretary 
  


                                                      
 168 See 47 CFR  1.1914. 

                                       25 
                         Federal Communications Commission           FCC 18-134 

                                STATEMENT OF 
                              CHAIRMAN AJIT PAI 
                                         
      Re:   Philip Roesel, dba Wilmington Insurance Quotes, and Best Insurance Contracts, Inc., 
File No.: EB-TCD-16-00023195 
      During my tenure as FCC Chairman, I ve had the opportunity to set the agenda for 20 monthly 
meetings.  And at almost half of those meetings, we ve voted on measures to fight the scourge of 
unlawful robocalls.  This proactive strategy follows through on what I said shortly after becoming 
Chairman:  Combating illegal robocalls would be the FCC s top consumer protection priority. 
      Today, we take further steps to address this priority by approving two major enforcement actions.  
The first involves Philip Roesel.  By making unsolicited calls to consumers, Roesel generated leads for 
insurance products that he sold.  Last year, we found he and his company apparently liable for 
$82,106,000 for violating the Truth in Caller ID Act.  Roesel was responsible for more than 200,000 
spoofed robocalls a day 21.5 million altogether, over a three-month period from late 2016 through early 
2017. 
      Roesel s response to the Commission was not persuasive, to say the least.  He admits that he 
hired a dialing platform.  He admits that he intentionally spoofed the caller ID.  He admits that he 
robocalled consumers.  And he does not deny that he failed to obtain prior consent from any consumers 
that he robocalled.  Nor does he deny he obtained value using his robocalling campaign or that he caused 
harm.   
      Now, Roesel claims that any value obtained was not obtained  wrongfully.   But it s impossible 
to believe that he would have generated the same volume of leads (and potential commissions) had he not 
made over 21 million unlawfully spoofed robocalls in violation of the Truth in Caller Act.   
      He also asserts that any unlawful conduct was  cured  because consumers who wanted more 
information were ultimately given truthful information.  But tell this to the millions of innocent 
consumers who were misled into answering his calls, or who had no interest in learning more about the 
offer.  Baiting the hook and casting the line are bad, with or without the sinker. 
      So today, we reject Roesel s specious arguments and impose a forfeiture of over $82 million for 
intentionally including false or misleading spoofed caller ID information with his unlawful robocalls.  
      The second enforcement action is a Notice of Apparent Liability against Affordable Enterprises 
of Arizona.  Affordable ran a telemarketing scheme to gain new customers and increase sales of its home 
improvement and remodeling services.  The company apparently made over two million unlawful spoofed 
telemarketing calls in just a 14-month period.  So we re proposing a penalty of $37,525,000 for apparent 
violations of the Truth in Caller ID Act. 
      Here s how their scheme apparently worked.  First, Affordable would upload a random list of 
targeted numbers into a calling platform that would dial the numbers on Affordable s behalf.  (Affordable 
was apparently aware that many of these numbers were on the national Do No Call Registry.)  Next, 
Affordable would program the calling platform to display spoofed caller ID information.  In other words, 
this information did not transmit the originating phone number.  The Caller ID displayed was an 
unassigned number, an assigned number to a prepaid burner phone, or, in the most egregious instances, a 
number already assigned to an innocent consumer.   
      This design made it virtually impossible for any consumer with a complaint to contact 
Affordable s official business line.  It also was designed to make it easier for Affordable to hide any link 
between the company and its illegal telemarketing calls from law enforcement or potential plaintiffs.   
      The Enforcement Bureau s able investigation unearthed details about this scheme after 
investigating a sampling of 13 separate numbers used by Affordable for caller ID purposes from July 26, 
2016 to September 25, 2017.  Affordable used these 13 numbers to make 2,341,125 telemarketing calls 

                                       26 
                         Federal Communications Commission           FCC 18-134 
  

 during this period.  And not one of these numbers displayed correct caller ID information to show that the 
 calls came from Affordable or otherwise listed Affordable as the subscriber of record.   
       Most troubling is the fact that four of the sampled numbers used by Affordable for caller ID 
purposes were assigned to innocent consumers.  One of them claimed to have received more than five 
calls a day from people irate that they were receiving unwanted calls from her number and demanding 
that she stop.  This consumer said that she was overwhelmed by these calls.  And no wonder:  The 
Bureau s investigation confirmed that Affordable had made more than 48,349 calls alone using her phone 
number during the period that it was assigned to this consumer.  This conduct is outrageous and 
unacceptable. 
       Of course, enforcement actions alone won t solve the problem of unlawful robocalls.  That s why 
we ve been busy working on a variety of initiatives to address this issue.  In response to our charge, the 
North American Numbering Council, an FCC Advisory Committee, has set out the next steps for 
implementing a nationwide call authentication system designed to stamp out robocalls from bad actors, 
and the private sector is now setting up the governance system for authenticating calls industry-wide.  We 
are carefully monitoring these efforts and will consider whether any Commission action is needed to 
ensure that milestones are met in a timely manner.  
      But make no mistake about it:  Penalizing those who spoof caller ID information and flood 
Americans  phones with unlawful robocalls must be a component of any effective strategy for combatting 
this scourge. 
      I want to thank staff for their careful sleuthing and hard work in bringing these cases forward.  
For Roesel, I want to thank Vilma Anderson, Tamara Baxter, Jonathan Garvin, Lisa Gelb, Susan German, 
Rosemary Harold, Jermaine Haynes, Rick Hindman, Parul Desai, Matthew Hoke, Lisa Landers, Coly 
Marierose, Ann Morgan, Phil Priesman, Nakasha Ramsey, Terrell Richardson, Mary Romano, Stacy 
Ruffin-Smith, Mika Savir, Michael Scurato, Daniel Stepanicich, Kimbarly Taylor, Kristi Thompson, 
Bridgette Washington, and Lisa Williford of the Enforcement Bureau; Kurt Schroeder, Mark Stone, and 
Kristi Thornton of the Consumer and Governmental Affairs Bureau; and Terry Cavanaugh, Neil Dellar, 
Valerie Hill, Billy Layton, and Rick Mallen in the Office of General Counsel.  And for Affordable, I want 
to thank Jonathan Garvin, Lisa Gelb, Rosemary Harold, Jermaine Haynes, Rick Hindman, Parul Desai, 
Matthew Hoke, Coly Marierose, Nakasha Ramsey, Terrell Richardson, Michael Scurato, Kristi 
Thompson, Bridgette Washington, Shante Willis, and Shana Yates of the Enforcement Bureau; John B. 
Adams, Jerusha Burnett, Kurt Schroeder, Mark Stone, and Kristi Thornton of the Consumer and 
Governmental Affairs Bureau; and Ashley Boizelle, Valerie Hill, Tom Johnson, Rick Mallen, Linda 
Oliver, and Bill Richardson in the Office of General Counsel. 


                                       27 
                         Federal Communications Commission           FCC 18-134 

                                STATEMENT OF 
                       COMMISSIONER MICHAEL O RIELLY 
                    APPROVING IN PART, DISSENTING IN PART 
                                         
Re:   Best Insurance Contracts, Inc., and Philip Roesel, dba Wilmington Insurance Quotes, File No. 
      EB-TCD-16-00023195, Forfeiture Order. 
 
      Based on the material presented, Philip Roesel engaged in a spoofed robocall campaign that was 
so massive and disruptive that it impaired the critical communications services of a major hospital 
network.  I support a large portion of the Forfeiture Order but take issue with one part.   
      The Commission s role is to faithfully execute the laws passed by Congress, and, in this case, 
determine whether Mr. Roesel  intended to defraud, cause harm, or wrongfully obtain anything of value.   
While it is not entirely clear when each of the latter categories applies, the intent to harm prong features a 
distinct subjective component.  Did Mr. Roesel harm those targeted by his systematic robocalling-
spoofing campaign?  No doubt; Mr. Roesel himself does not dispute this.  Did he intend to harm the 
recipients of his calls?  That is a separate question, and the Forfeiture Order does a disservice by 
conflating Mr. Roesel s presumed knowledge with his intent.  While harm was unquestionably a by-
product of his robocalling scheme, his general intent seemed to be to sell as many health insurance 
policies as possible not to engage in the type of intentionally malicious conduct, such as stalking or 
scamming, captured by a plain reading of the text.  In particular, I do not agree that the mere fact of 
conducting an illegal robocalling campaign indicates an intent to cause harm.  Such a reading would turn 
the statute on its head and invalidate the need for the intent to cause harm prong at all.     
      While I fully support and appreciate the importance of cracking down on illegal robocalling, we 
should not do so at the expense of textual fidelity or in an arbitrary manner.  Finding Mr. Roesel liable 
under such an expansive and imprecise reading of the  intent to harm  prong misapplies the Truth in 
Caller ID Act and creates legal uncertainty for entities that engage in legitimate types of robocalling.  
Moreover, since intent to harm constitutes an alternative basis for liability, it is unnecessary to reach the 
Forfeiture Order s decision.   
      Accordingly, I approve in part and dissent in part. 
 


                                       28 
                         Federal Communications Commission           FCC 18-134 

                                STATEMENT OF 
                     COMMISIONER JESSICA ROSENWORCEL 
                                        
      Re:   Philip Roesel, dba Wilmington Insurance Quotes, and Best Insurance Contracts, Inc., 
File No.: EB-TCD-16-00023195  
      If you think we re drowning in robocalls now, get ready.  The Washington Post just reported that 
by next year we will reach a new high-water mark.  In 2019 nearly half of all cellphone calls will come 
from scammers.   
  
       This is insane.  It s great that this agency is issuing a forfeiture order and notice of apparent 
 liability today.  But it s crazy to think that these individual actions are going to do the trick and staunch 
 the flow.  With this one-by-one effort we are trying to empty the ocean with a teaspoon.   
  
       We need a better approach.  We need to develop a policy statement to articulate this agency s 
 goals and efforts to reduce robocalls.  We need to set deadlines.  It has been roughly two years since this 
 agency identified SHAKEN/STIR as a call authentication technology that can reduce robocalls.  In the 
 meantime, Canada went ahead and set a 2019 deadline to put his technology in place.  We should be 
 doing the same as our neighbors to the north.  We should renew the Robocall Strike Force that this this 
 agency convened a few years ago.  We should have field hearings and seek technical expertise from far 
 and wide.  Closer to home, we should respond to every outstanding court remand on robocalls and 
 petitions before this agency expeditiously.   
  
       Just this week, NBC news reported on the same statistic cited by the Washington Post.  It sought 
 comment from this agency.  The best we had to offer was an unnamed official who said an  industry led 
 effort is the fastest way  and we  hope some companies will implement it within the year.   I like hope.  
 But hope alone is not going to fix this problem.  It takes effort and it s time for this to agency to offer real 
 robocall resistance, because the flood of these calls is destroying something essential trust in our 
 communications network. 
  


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