Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Enforcement Bureau & "Junk Faxer" Enter $50K Consent Decree

Download Options

Released: April 1, 2013

Federal Communications Commission

DA 13-200

Before the

Federal Communications Commission

Washington, DC 20554

)
In the Matter of
)
File No.: EB-TCD-12-000001971
)
Fiducia, Inc. d/b/a “America’s Toner”; “Toner
)
NAL/Acct. No.: 200832170066
Dome”; TDI, Inc.; John David
)
)
FRN: 0017433186

ORDER

Adopted: March 29, 2013


Released: April 1, 2013
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement
Bureau (Bureau) of the Federal Communications Commission (Commission) and Fiducia, Inc. d/b/a
America’s Toner, and John David. The Consent Decree terminates an investigation regarding America’s
Toner’s compliance with Section 227(b)(1)(C) of the Communications Act of 1934, as amended (Act),2
and Section 64.1200(a)(4) of the Commission’s rules3 with respect to delivery of unsolicited
advertisements to the telephone facsimile machines of consumers.
2. The Bureau and America’s Toner have negotiated the Consent Decree that resolves this
matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find
that the public interest will be served by adopting the Consent Decree and terminating the investigation.
4. Accordingly,

IT IS ORDERED

that, pursuant to Sections 4(i) 4(j), and 503(b) of the Act,4
and Sections 0.111 and 0.311 of the Rules,5 the Consent Decree attached to this Order

IS ADOPTED

.
5.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS TERMINATED

.

1 This case was formerly assigned the file number EB-06-TC-131. In January 2011, the Telecommunications
Consumers Division assigned a new case number.
2 47 U.S.C. § 227(b)(1)(C)..
3 47 C.F.R. §64.1200(a)(4).
4 47 U.S.C. §§ 154(i), 154(j),503(b).
5 47 C.F.R. §§ 0.111, 0.311.

Federal Communications Commission

DA 13-200

6.

IT IS FURTHER ORDERED

that a copy of this Order and Consent Decree shall be sent by
first class mail and certified mail, return receipt requested, to Fiducia, Inc. d/b/a America’s Toner, Attn:
John David, Owner, 162 Dallas Village Shopping Ctr. #182, Dallas, PA 18612-1231.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
2

Federal Communications Commission

DA 13-200

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File No.: EB-TCD-12-000001971
)
Fiducia, Inc. d/b/a “America’s Toner”; “Toner
)
NAL/Acct. No.: 200832170066
Dome”; TDI, Inc.; John David
)
)

FRN: 0017433186

CONSENT DECREE

I.

INTRODUCTION

The Enforcement Bureau of the Federal Communications Commission, TDI, Inc. and “Toner
Dome,” successors in interest to Fiducia, Inc. d/b/a “America’s Toner,” and John David hereby enter into
this Consent Decree for the purpose of terminating the Enforcement Bureau’s investigation into whether
they violated Section 227(b)(1)(C) of the Communications Act of 1934, as amended,2 and Section
64.1200(a)(4) of the Commission’s rules3 with respect to the delivery of unsolicited advertisements to
telephone facsimile machines.

II.

DEFINITIONS

1. For the purposes of this Consent Decree, the following definitions shall apply:
(a)
“Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et
seq.

(b)
“Adopting Order” means an order of the Bureau adopting the terms of this
Consent Decree without change, addition, deletion, or modification.
(c)
“Advertisement” means any material advertising the commercial availability or
quality of any property, goods, or services.
(d)
“Bureau” means the Enforcement Bureau of the Federal Communications
Commission.
(e)
“Commission” and “FCC” mean the Federal Communications Commission and
all of its bureaus and offices.
(f)
“Communications Laws” means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to which any
Company or John David is subject by virtue of its or his business activities,
including, but not limited to, the Unsolicited Facsimile Rules.

1 This case was formerly assigned the file number EB-06-TC-131. In January 2011, the Telecommunications
Consumers Division assigned a new case number.
2 47 U.S.C. § 227(b)(1)(C).
3 47 C.F.R. § 64.1200(a)(4).

Federal Communications Commission

DA 13-200

(g)
“Companies” means Fiducia, Inc., d/b/a “America’s Toner,” TDI, Inc., “Toner
Dome,” and any other business John David controls, each of which is a
“Company.”
(h)
“Complaint” means any complaint John David or any Company receives directly
from a third party, a federal or state regulatory agency (including the FCC) or
otherwise, relating to facsimile marketing activities.
(i)
“Compliance Plan” means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 11.
(j)
“Contractor” means any person John David or any Company engages, whether as
an independent contractor, vendor, service provider, or otherwise, to use any
telephone facsimile machine, computer, or other device, to transmit or send any
Advertisement to a telephone facsimile machine, on behalf of John David or any
Company.
(k)
“Covered Employees” means all employees, Contractors, and agents of John
David, or any Company, who perform duties, supervise, oversee, or manage the
performance of duties that relate to responsibilities of John David, or any
business he controls, under this Consent Decree and the Unsolicited Facsimile
Rules.
(l)
“Effective Date” means the date on which the Bureau releases the Adopting
Order.
(m)
“Established Business Relationship” and “EBR” shall have the meaning set forth
in 47 C.F.R. § 64.1200(f)(6).
(n)
“Investigation” means the investigation commenced by the Bureau regarding
whether any Company or John David violated 47 U.S.C. § 227 and 47 C.F.R. §
64.1200(a)(4).
(o)
“Operating Procedures” means the standard, internal operating procedures and
compliance policies established by John David, or any Company, to implement
the Compliance Plan.
(p)
“Parties” means Companies, John David, and the Bureau, each of which is a
“Party.”
(q)
“Person” shall have the meaning set forth in 47 U.S.C. § 153(39).
(r)
“Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
(s)
“United States” shall have the meaning set forth in 47 U.S.C. § 153(58).
(t)
“Unsolicited Advertisement” shall have the meaning set forth in 47 U.S.C. §
227(a)(5).
(u)
“Unsolicited Facsimile Rules” means 47 U.S.C. § 227, the Commission’s
regulations found in 47 C.F.R. § 64.1200(a)(4), and other Communications Laws
governing Unsolicited Advertisements.
(v)
“Voluntary Contribution” means the payment made by John David or any
Company to the United States Treasury pursuant to this agreement and described
at paragraph 16 of this Consent Decree.
2

Federal Communications Commission

DA 13-200

III.

BACKGROUND

2. Congress enacted the Telephone Consumer Protection Act of 1991 to address problems of
abusive telemarketing, including junk faxes.4 Unsolicited faxes often impose unwanted burdens on the
recipient, including costs of paper and ink, and making fax machines unavailable for legitimate messages.
Section 227(b)(1)(C) of the Act thus makes it “unlawful for any person within the United States, or any
person outside the United States if the recipient is within the United States . . . to use any telephone
facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited
advertisement.”5
3. On July 21, 2006, in response to a Complaint alleging that “America’s Toner” had faxed
Unsolicited Advertisements, the Bureau issued a citation to “America’s Toner” for using a telephone
facsimile machine, computer, or other device to send Unsolicited Advertisements to telephone facsimile
machines.6 Subsequently, based on additional Complaints, the Commission released four Notices of
Apparent Liability (NALs) against “America’s Toner,” finding that the Company apparently willfully and
repeatedly violated Section 227 of the Act and Section 64.1200(a)(4) of the Rules, and proposing a total
forfeiture of $1,184,500 against “America’s Toner.”7
4. “America’s Toner” filed responses indicating that, among other things, it had ceased sending
Advertisements by facsimile. It also submitted the 2004, 2005, and 2006 tax returns of “Fiducia, Inc. dba
Americastoner.com” to demonstrate that “America’s Toner” was unable to pay the forfeitures proposed in
the NALs.8

4 Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat. 2394 (1991) (codified at 47 U.S.C. §
227). See also Junk Fax Prevention Act of 2005, Pub. L. No. 109-21, 119 Stat. 359 (2005).
5 47 U.S.C. § 227(b)(1)(C). The prohibition is subject to certain exceptions, such as if the sender has an EBR with
the recipient and the sender obtained the facsimile number from the recipient through voluntary communication in
the context of an EBR, or from a directory, advertisement, or website through which the recipient voluntarily agreed
to make its facsimile number available for public distribution. In addition, the Unsolicited Advertisement must
notify the recipient how to opt out of receiving future facsimile Advertisements, subject to certain requirements.
The Commission has adopted implementing rules. 47 C.F.R. § 64.1200(a)(4).
6 Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications Consumers Division, FCC Enforcement
Bureau, to America’s Toner (July 21, 2006) (on file in EB-TCD-12-00000197). See also 47 U.S.C. § 503(b)(5).
The citation identified “American Toner” and Fiducia, Inc. as other names for “America’s Toner,” and was directed
to the attention of John David.
7 America’s Toner, Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 5415 (2008); America’s Toner, Notice
of Apparent Liability for Forfeiture, 23 FCC Rcd 9151 (Enf. Bur. 2008); America’s Toner, Notice of Apparent
Liability for Forfeiture, 23 FCC Rcd 13199 (2008); and America’s Toner, Notice of Apparent Liability for
Forfeiture, 23 FCC Rcd 18466 (2008). Each of the NALs defined “America’s Toner” to include “American Toner”
and Fiducia, Inc., as well as John David personally.
8 See Letter from John David, America’s Toner, to Office of Secretary, dated Apr. 12, 2008; Letter from John David,
America’s Toner, to Kris Anne Monteith, Chief, Enforcement Bureau, dated June 20, 2008; and Letter from John
David, America’s Toner, to Office of Secretary, dated Sept. 25, 2008. See also Letter from John David, America’s
Toner, to Enforcement Bureau, Telecommunications Consumer Division, dated July 2, 2008. Letter from John
David, America’s Toner, to Kurt A. Schroeder, Deputy Chief, Telecommunications Consumers Division, FCC
Enforcement Bureau (Aug. 18, 2006) (on file in EB-TCD-12-00000197). Letter from John David, America’s Toner,
to FCC Office of Secretary (Apr. 12, 2008) (on file in EB-TCD-12-00000197) (America’s Toner Apr. 12, 2008
Letter). Letter from John David, America’s Toner, to Kris Anne Monteith, Chief, FCC Enforcement Bureau (June
20, 2008) (on file in EB-TCD-12-00000197); Letter from John David, America’s Toner, to Kris Anne Monteith,
Chief, FCC Enforcement Bureau (Sept. 25, 2008) (on file in EB-TCD-12-00000197); Letter from John David,
(continued….)
3

Federal Communications Commission

DA 13-200

5. Subsequently, the Bureau learned that Fiducia, Inc. – which operated as “America’s Toner” –
had been involuntarily dissolved. In order to update the business status and financial information of
“America’s Toner,” the Bureau sent a Letter of Inquiry to John David, requesting that he provide current
information, including more recent financial information, on “America’s Toner” and related enterprises.9
John David reported that Fiducia, Inc. was no longer in business, that “Toner Dome” was its successor, that
TDI, Inc. owned “Toner Dome,” and that he is the sole owner of TDI. Inc.10 John David submitted the 2009,
2010, and 2011 federal corporate tax returns of TDI, Inc. and “Fiducia, Inc. dba Americastoner.com” to
demonstrate that TDI, Inc., as successor to Fiducia, Inc., was unable to pay the forfeitures proposed in the
NALs.

IV.

TERMS OF AGREEMENT

6.

Adopting Order

. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting
Order.
7.

Jurisdiction

. The Companies and John David agree that the Bureau has jurisdiction over
them and the matters contained in this Consent Decree, and that the Bureau has the authority to enter into
and adopt this Consent Decree.
8.

Effective Date; Violations

. The Parties agree that this Consent Decree shall become
effective on the Effective Date as defined herein. As of Effective Date, the Adopting Order and this
Consent Decree shall have the same force and effect as any other order of the Commission. Any violation
of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission to exercise any rights and remedies attendant to the
enforcement of a Commission order.
9.

Termination of Investigation

. In express reliance on the covenants and representations in
this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to terminate
the Investigation. In consideration for terminating the Investigation, the Companies and John David agree
to the terms, conditions, and procedures contained herein. The Bureau further agrees that in the absence of
new material evidence, the Bureau will not use the facts developed in this Investigation through the
Effective Date, or the existence of this Consent Decree, to institute on its own motion any new proceeding,
formal or informal, or take any action on its own motion against the Companies or John David concerning
the matters that were the subject of the Investigation.
10.

Compliance Officer

. John David represents that “America’s Toner” was a name through
which Fiducia, Inc. did business; that Fiducia, Inc. has been dissolved; that “Toner Dome” is a name
through which TDI, Inc. does business; that TDI, Inc. is a successor to Fiducia, Inc.; that he is the sole
owner of TDI, Inc.; and that he exercises control over the daily operations of the Companies and is
personally responsible for compliance with the Communications Laws and this Consent Decree, including
the discharge of the duties set forth below. John David shall be responsible for developing, implementing,
and administering the Compliance Plan and ensuring that he, and the Companies, comply with the terms
and conditions of the Compliance Plan and this Consent Decree. In addition to the general knowledge of
(Continued from previous page)
America’s Toner, to Telecommunications Consumers Division, FCC Enforcement Bureau (Jan. 9, 2009) (on file in
EB-TCD-12-00000197).
9 Letter of Inquiry from Richard A. Hindman, Chief, Telecommunications Consumers Division, FCC Enforcement
Bureau, to America’s Toner (Mar. 20, 2012) (on file in EB-TCD-12-00000197) (LOI).
10 Letter from John David, America’s Toner, to FCC Office of Secretary at 1 (Mar. 30, 2012) (on file in EB-TCD-
12-00000197).
4

Federal Communications Commission

DA 13-200

the Communications Laws necessary to discharge his duties under this Consent Decree, John David shall
have, or acquire, specific knowledge of the Unsolicited Facsimile Rules.
11.

Compliance Plan

. For purposes of settling the matters set forth herein, John David represents
that, prior to the Effective Date, he and each Company have ceased sending, or causing to be sent, all
Advertisements by facsimile in the United States (including Unsolicited Advertisements), and have
advised all Covered Employees of the provisions of this consent decree.11 Further, John David agrees
that, after the Effective Date, neither he nor any Company shall send, or cause to be sent, any
Advertisements by facsimile in the United States except under the following conditions:
(a)

Implementation.

Not less than ninety (90) calendar days before John David, or
any Company, sends, or causes to be sent, any Advertisement by facsimile
(including Unsolicited Advertisements), John David shall (i) develop and
implement a Compliance Plan designed to ensure future compliance with the
Communications Laws and with the terms and conditions of this Consent Decree,
and (ii) notify the Commission that such Compliance Plan has been implemented.
The notification shall be sent to Daniel.Grosh@fcc.gov and to
Phillip.Priesman@fcc.gov. The Compliance Plan shall include, without
limitation, the components set forth in this Paragraph 11.
(b)

Operating Procedures on Unsolicited Advertisements

. John David shall
establish Operating Procedures that he and all Covered Employees shall follow to
ensure compliance with the Unsolicited Facsimile Rules and the
Communications Laws. These Operating Procedures shall include, without
limitation:
i.
A “Compliance Checklist” that describes the steps that John David and
all Covered Employees must follow to ensure compliance with this
Consent Decree and the Unsolicited Facsimile Rules and appropriate
reporting of non-compliance pursuant to paragraph 14 below;
ii.
Procedures for keeping, managing, updating the “EBR List,” “No-Fax
List,” and any “Fax Lists,” as those terms are used below;
iii.
Procedures for promptly investigating and resolving Complaints;
iv.
A requirement that John David monitor all facsimile marketing activities
of any business he controls, for compliance and reporting non-
compliance purposes.
(c)

Company In-house EBR List

. John David shall create an “EBR List” that
includes (i) the name of each Person with whom he, or any Company, has an
EBR and whose facsimile number he, or any Company, has obtained consistent
with the Unsolicited Facsimile Rules; and (ii) the facsimile number for each such
Person. John David shall update and maintain the EBR List to ensure that at all
times it is accurate, current, and consistent with the Unsolicited Facsimile Rules.
(d)

Company In-house No-Fax List

. John David shall create a “No-Fax List”
containing (i) the name of each Person who has requested that he, or any
Company, not send any additional Advertisements; and (ii) the facsimile number
for each such Person. John David shall update and maintain the No-Fax List to

11 For purposes of this order, sending or causing to be sent on its behalf, any Advertisement by facsimile in the
United States includes any Advertisement by facsimile intended to be received in the United States, regardless of the
location from which the facsimile was sent.
5

Federal Communications Commission

DA 13-200

ensure that at all times it is accurate, current, and consistent with the Unsolicited
Facsimile Rules. Neither John David nor any Company shall send, or cause to be
sent, any Advertisement to the facsimile number of any Person on the No-Fax
List.
(e)

Company Fax List

. John David shall create a “Fax List.” The Fax List shall
contain the names of (i) Persons who have given John David or any Company,
prior express invitation or permission to send them Advertisements; (ii) Persons
on the EBR List; and (iii) the facsimile number for each such Person. John
David shall ensure that no Person on the No-Fax List appears on the Fax List.
Neither John David nor any Company, shall send, or cause to be sent, any
Advertisement to the facsimile machine of any Person or to any facsimile number
that is not identified on the Fax List.
(f)

Compliance Manual

. John David shall develop and distribute a Compliance
Manual to all Covered Employees. The Compliance Manual shall explain the
Unsolicited Facsimile Rules and set forth the Operating Procedures that all
Covered Employees must follow to help ensure compliance with this Consent
Decree and with the Unsolicited Facsimile Rules. The Compliance Manual shall
memorialize, without limitation, the Operating Procedures listed in subparagraph
(b) above.
(g)

Contractor Agreements

John David and each Company shall include in every
contract with every Covered Employee entered into after the Effective Date a
binding obligation on the part of such Covered Employee to:
i.
Comply with the Unsolicited Facsimile Rules;
ii.
Comply with the Operating Procedures and all supplemental instructions
from John David and any Company;
iii.
Transmit to John David, on a daily basis, reports that identify and
provide data for each complaint or “Do-Not-Fax” request relating to
unsolicited facsimiles; and
iv.
Permit John David and any Company, to take appropriate action,
including immediately terminating the agreement, if the Contractor or
agent fails to follow the Operating Procedures or to comply with its legal
obligations under this Consent Decree or with the Unsolicited Facsimile
Rules.
(h)

Disciplinary Action

. John David shall take appropriate disciplinary action if he
discovers that any Covered Employee has failed to follow the Operating
Procedures or to comply with the legal obligations of John David, or any
Company, under this Consent Decree or with the Unsolicited Facsimile Rules.
(i)

Compliance with Bureau Requests

. John David shall maintain and make
available to the Bureau, within fourteen (14) days of receipt of any specific
request from the Bureau, business records documenting its compliance with the
terms and provisions of this Consent Decree.
12.

Compliance Reports

. John David shall submit Compliance Reports to the Bureau for three
(3) years after the Effective Date. Such reports shall be due every three (3) months for the first two years
6

Federal Communications Commission

DA 13-200

after the Effective Date, and every six (6) months during the third year after the Effective Date. Such
reports shall be due on the first day of each reporting period.
(a)
Each Compliance Report shall include a certification by John David stating
whether, he, or any Company, has sent or caused to be sent, Advertisements by
facsimile during the reporting period. If John David or any Company has sent, or
caused to be sent, any Advertisement by facsimile during the reporting period,
the certification shall also state that John David, in his personal capacity, and on
behalf of each Company, has (i) implemented the Compliance Plan and so
notified the Commission as required by Paragraph 11; (ii) has utilized the
Operating Procedures since implementing the Compliance Plan; and (iii) is not
aware of any instances of non-compliance with the terms and conditions of this
Consent Decree, including the reporting obligations set forth in paragraph 12
hereof.
(b)
Each Compliance Report shall also include the number of telephone line
accounts billed to John David and each Company, including the contact numbers,
billing contact, and billing addresses for each telephone line identified as
belonging to Mr. David or any Company.
(c)
John David’s certification shall be accompanied by a statement explaining the
basis for such certification and must be in the form set forth in Section 1.16 of
the Rules12 and be subscribed as true under penalty of perjury substantially in the
form set forth therein.
(d)
If John David cannot provide the requisite certification, he shall provide the
Commission with a detailed explanation of the reason(s) why and describe fully
(i) each instance of non-compliance; (ii) the steps that he and each Company
have taken or will take to remedy such non-compliance, including the schedule
on which proposed remedial actions will be taken; and (iii) the steps that he and
each Company have taken or will take to prevent the recurrence of any such non-
compliance, including the schedule on which such preventive action will be
taken.
13. All Compliance Reports shall be submitted to the Chief, Telecommunications Consumers
Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington,
D.C. 20554. John David shall also send an electronic copy of its compliance report and certification to
Daniel.Grosh@fcc.gov, and to Phillip.Priesman@fcc.gov
14.

Reporting Non-Compliance

. John David and each Company shall disclose any failure to
comply with the Unsolicited Facsimile Rules and the terms and conditions of this Consent Decree within
fifteen (15) calendar days after discovery of such failure to comply. Such reports shall include a detailed
explanation of (i) each instance of non-compliance; (ii) the steps that John David and each Company have
taken or will take to remedy such non-compliance; (iii) the schedule on which such proposed remedial
actions will be taken; and (iv) the steps that John David and each Company have taken or will take to
prevent the recurrence of any such non-compliance. All reports of non-compliance shall be submitted to
the Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W., Rm. 4-C224, Washington, D.C. 20554, with copies submitted
electronically to Daniel.Grosh@fcc.gov and to Phillip.Priesman@fcc,gov.
15.

Termination Date

. Unless stated otherwise, the obligations set forth in paragraphs 10
through 14 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.

12 47 C.F.R. § 1.16.
7

Federal Communications Commission

DA 13-200

16.

Voluntary Contribution

. John David or the Companies shall make a Voluntary Contribution
to the United States Treasury in the amount fifty thousand dollars ($50,000) within thirty (30) calendar
days after the Effective Date. John David and the Companies acknowledge and agree that upon executing
this Consent Decree, the Voluntary Contribution shall become a “Claim” or “Debt” as defined in 31
U.S.C. § 3701(b)(1).13 Upon an Event of Default by Nonpayment of the Voluntary Contribution, all
procedures for collection permitted by the Debt Collection Improvement Act of 199614 and other
provisions of law15 may, at the Commission’s discretion, be initiated. John David shall also send
electronic notification of payment to Johnny Drake at Johnny.Drake@fcc.gov on the date said payment is
made. The payment must be made by check or similar instrument, wire transfer, or credit card, and must
include the NAL/Account number and FRN referenced above. Regardless of the form of payment, a
completed FCC Form 159 (Remittance Advice) must be submitted.16 When completing the FCC 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 you should follow based on
the form of payment you select:

Payment by check or money order must be made payable to the order of the Federal
Communications Commission. Such payments (along with the completed Form 159) must be
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-
GL, 1005 Convention Plaza, St. Louis, MO 63101.

Payment by wire transfer must be made to ABA Number 021030004, receiving bank
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank
at (314) 418-4232 on the same business day the wire transfer is initiated.

Payment by credit card must be made by providing the required credit card information on
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.
The completed Form 159 must then be mailed to Federal Communications Commission, P.O.
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101.
If you have questions regarding payment procedures, please contact the Financial Operations Group Help
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
17.

Event of Default by Nonpayment

. John David and each Company agree that an Event of
Default by Nonpayment shall occur upon the failure by them to pay the full amount of the Voluntary
Contribution on or before the due date specified in this Consent Decree. John David and each Company
further agree to toll and/or revive any applicable statutes of limitations for any and all possible violations
that form the basis of the Investigation such that, upon an Event of Default by Nonpayment, the statutes of
limitations shall expire six (6) months after the date of default by nonpayment. Further, upon an Event of
Default for Nonpayment, the provisions of paragraph 9 shall be null and void.
18.

Interest and Charges for Collection

. Upon an Event of Default by Nonpayment under this
Consent Decree, the then unpaid amount of the Voluntary Contribution shall accrue interest, computed

13 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
14 Id.
15 See 31 C.F.R. Part 900-904; 47 C.F.R. § 1.1901, et seq.
16 FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
8

Federal Communications Commission

DA 13-200

using the U.S. Prime Rate in effect on the date of the Event of Default by Nonpayment plus 4.75%, from
the date of the Event of Default by Nonpayment until payment in full. Upon an Event of Default by
Nonpayment, the then unpaid amount of the Voluntary Contribution together with interest, as aforesaid,
any penalties permitted and/or required by the law, including but not limited to 31 U.S.C. § 3717 and
administrative charge(s), plus the costs of collection, litigation, and attorneys’ fees, is accelerated and shall
become immediately due and payable, without notice, presentment, demand, protest, or notice of protest of
any kind, all of which are waived by John David and each Company.
19.

Representations

. John David and each Company represent that they are not engaged in any
activity that is subject to oversight by the Commission, including activities involving faxing
Advertisements. John David and each Company acknowledge that sending Advertisements by facsimile is
unlawful, unless they have an EBR with the recipient and they obtained the facsimile number from the
recipient through voluntary communication in the context of an EBR, or from a directory, advertisement,
or website through which the recipient voluntarily agreed to make its facsimile number available for
public distribution; and, the facsimile Advertisement notifies the recipient in accordance with the
Unsolicited Facsimile Rules how to opt out of receiving future such Advertisements. John David and each
Company hereby waive their right to send Advertisements by facsimile unless they satisfy the
requirements of the Unsolicited Facsimile Rules and this Consent Decree, including the adoption of the
Compliance Plan.
20.

Waivers

. John David and each Company waive any and all rights they may have to seek
administrative or judicial reconsideration, review, appeal, or stay, or to otherwise challenge or contest the
validity of this Consent Decree and the Adopting Order, provided the Bureau issues the Adopting Order.
If any Party (or the United States on behalf of the Commission) brings a judicial action to enforce the
terms of the Adopting Order or Consent Decree, neither that Party nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and John David and each Company shall waive any
statutory right to a trial de novo. John David and each Company hereby waive any claims they may
otherwise have under the Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. § 1.1501 et seq.,
relating to the matters addressed in this Consent Decree.
21.

Severability

. The Parties agree that if a court of competent jurisdiction renders any of the
provisions of the Adopting Order or the Consent Decree invalid or unenforceable, such invalidity or
unenforceability shall not invalidate or render unenforceable the entire Adopting Order or Consent Decree,
but rather the entire Adopting Order or Consent Decree shall be construed as if not containing the
particular invalid or unenforceable provision or provisions, and the rights and obligations of the Parties
shall be construed and enforced accordingly. In the event that this Consent Decree in its entirety is
rendered invalid by any court of competent jurisdiction, it shall become null and void and may not be used
in any manner in any legal proceeding
22.

Subsequent Rule or Order

. The Parties agree that if any provision of this Consent Decree
conflicts with any subsequent Rule or order adopted by the Commission (except an order specifically
intended to revise the terms of this Consent Decree to which neither John David nor any Company
expressly consents), that provision shall be suspended by such Commission Rule or order.
23.

Successors and Assigns

. John David and each Company agree that the provisions of this
Consent Decree shall be binding on them, and their successors, assigns, and transferees.
24.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties. The Parties further agree that this Consent Decree does
not constitute either an adjudication on the merits or a factual or legal finding or determination regarding
any compliance or non-compliance with the Communications Laws.
25.

Modifications

. This Consent Decree cannot be modified or amended without the advance
written consent of both Parties.
9

Federal Communications Commission

DA 13-200

26.

Paragraph Headings

. The headings of the paragraphs in this Consent Decree are inserted for
convenience only and are not intended to affect the meaning or interpretation of this Consent Decree.
27.

Authorized Representative

. John David represents and agrees that he is signing this Consent
Decree in his personal capacity and on behalf of each Company, and warrants that he is authorized by such
to execute this Consent Decree and to bind each Company to the obligations this Consent Decree imposes
on it. The FCC signatory represents that she is signing this Consent Decree in her official capacity and
that she is authorized to execute this Consent Decree.
28.

Counterparts

. This Consent Decree may be signed in any number of counterparts (including
by facsimile), each of which, when executed and delivered, shall be an original, and all of which
counterparts together shall constitute one and the same fully executed instrument.
For: Federal Communications Commission
_________________________________________
P. Michele Ellison
Chief, Enforcement Bureau
__________________________________________
Date
For: Fiducia, Inc., d/b/a “America’s Toner”; “Toner Dome”; TDI, Inc.
__________________________________________
__________________________________________
Date
For: John David, individually
__________________________________________
__________________________________________
Date
10

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.