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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-TC-120
Fax.com, Inc. ) NAL/Acct. No.
200232170004
) FRN 0007-2970-47
Apparent Liability for Forfeiture )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: August 2, 2002 Released: August 7,
2002
By the Commission: Commissioner Abernathy issuing a statement.
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(NAL), we find that Fax.com, Inc. (Fax.com)1 apparently willfully
or repeatedly violated section 227 of the Communications Act of
1934, as amended (Act),2 and the Commission's rules and orders,
by sending unsolicited advertisements to telephone facsimile
machines on 489 separate occasions.3 Based on the facts and
circumstances surrounding these apparent violations, we find that
Fax.com is apparently liable for forfeiture in the amount of
$5,379,000.4
II. BACKGROUND
2. Fax.com characterizes itself as a ``fax broadcaster,''
transmitting messages to telephone facsimile machines on behalf
of other entities for a fee. According to its website, Fax.com
specializes in transmitting its clients' advertisements to
telephone facsimile machines whose numbers are contained in the
Fax.com database, which it touts as ``the industry's largest fax
number database.''5 In its promotional materials, Fax.com also
offers to design or improve its clients' advertising copy.6 The
unsolicited facsimile advertisements that are the subject of this
NAL are the product of Fax.com's fax broadcasting enterprise.
With the exception of one message,7 the advertisements do not
promote products, goods, or services provided by Fax.com but,
instead, promote a wide variety of products, goods, or services
offered by numerous entities that have employed Fax.com to send
their advertisements to telephone facsimile machines.
3. In December 2000 and May 2001, after receiving
correspondence from consumers who complained about having been
faxed unsolicited advertisements on behalf of six Fax.com
clients, the Commission staff issued citations to Fax.com8
pursuant to section 503(b)(5) of the Act.9 The staff cited
Fax.com for allegedly violating section 227(b)(1)(C) of the Act
andsection 64.1200(a)(3) of the Commission's rules by
transmitting unsolicited advertisements to consumers' telephone
facsimile machines on behalf of the six clients.10 The citations
noted that
although entities that merely transmit facsimile
messages on behalf of others are not liable for
compliance with the prohibition on faxing unsolicited
advertisements, the exemption from liability does not
exist when a fax transmitter has ``'a high degree of
involvement or actual notice of an illegal use and
[has] fail[ed] to take steps to prevent such
transmissions.''' Accordingly, fax transmitters do not
enjoy an absolute exemption from liability under the
TCPA and the Commission's Rules.11
4. The citations informed Fax.com that it could face
monetary forfeitures up to $11,000 for each subsequent violation
if Fax.com either (1) was highly involved on behalf of the sender
of any unsolicited facsimile advertisements, or (2) continued to
transmit advertisements for the six named clients without taking
steps to ensure that those entities had obtained permission from
recipients to fax the advertisements. The citations also
directed Fax.com to answer several questions regarding its
general practices with respect to its fax broadcasting activities
and its specific arrangements with the six clients. Finally, the
citations informed Fax.com that within 21 days of the date of
each citation, it could either request a personal interview at
the nearest Commission field office, or provide a written
statement responding to the citation.
5. On January 31, 2001, June 1, 2001, and June 21, 2001,
Fax.com responded to the citations with virtually identical
pleadings that were filed jointly on behalf of Fax.com and its
six cited clients. In each instance, Fax.com and the clients
claimed that the prohibition on faxing unsolicited advertisements
contained in section 227 and the Commission's implementing
regulations is an unconstitutional infringement on the First
Amendment free speech rights of Fax.com and its advertisers.
Fax.com also addressed the staff's questions regarding its fax
broadcasting operations. In that regard, Fax.com claimed that
although it offers clients ``advice and assistance relative to
graphics presentations,'' it had not exercised any editorial
control over any of the advertisements that were at issue in the
six citations.12 Nonetheless, Fax.comemphasized that it retains
discretion to refuse to transmit any advertisement it deems
``offensive or misleading.''13 Fax.com stated that it provided
the fax distribution lists for each of six clients whose
advertisements were addressed by the citations. Fax.com
explained that it compiles its database of telephone facsimile
numbers by (1) purchasing lists of fax numbers from independent
vendors, (2) identifying fax numbers ``through its own research
methods,'' and (3) recording fax numbers provided by individuals
who have asked, through an automated process, to be included in
Fax.com's database. With respect to the telephone facsimile
numbers obtained from independent vendors and Fax.com's research
efforts, Fax.com conceded that it ``has historically taken no
steps to verify consent or established business
relationships.''14 Fax.com stated that it ``routinely'' sends
what it characterizes as a ``non-commercial'' message regarding
missing children to each number added to the Fax.com database.15
Entitled ``Your Permission Please,'' the message ``asks''
recipients to agree to receive from Fax.com alerts regarding
missing children. The message states that ``to help offset the
cost' of the missing children alerts, Fax.com will also send ``a
limited amount of commercial paid advertising'' not to exceed one
fax per week. The message instructs recipients who do not wish
to receive the alerts or advertisements to call a toll-free
``opt-out'' number. Finally, Fax.com emphasized that it only
transmits advertisements that contain such an opt-out number that
fax recipients may call if they do not wish to receive similar
advertisements in the future.16
6. Following Fax.com's receipt of the staff's citations,
the Commission has continued to receive information from numerous
consumers indicating that Fax.com is still conducting its fax
broadcasting activities in a manner that apparently violates
section 227(b)(1)(C) of the Act and section 64.1200(a)(3) of the
rules. The forfeiture proposed herein is based on this body of
consumer information, which alleges that after Fax.com's receipt
of the staff's citations, consumers continued to receive a
variety of unsolicited facsimile advertisements, all traceable to
Fax.com.
7. Table 1, ``Unsolicited Advertisements Transmitted by
Fax.com and Subject to Forfeiture Pursuant to FCC 02-226,''
lists 489 unsolicited fax advertisements that form the basis of
this NAL.17 Although only one of these advertisements mentions
Fax.com in any way, some consumers were able to discover that
Fax.com had transmitted the ads. By obtaining information that
identifies Fax.com as the telephone subscriber for (1) the
various toll-free opt-out telephone numbers that are displayed on
each advertisement, and/or (2) the telephone facsimile machine
numbers from which various advertisements were sent, which are
displayed in the advertisements' fax headers, the Commission
staff has confirmed that Fax.com sent each advertisement listed
in Table 1.
8. Nine consumers have provided information showing that
they each received over 20 unsolicited and unwanted
advertisements that were transmitted by Fax.com clients on behalf
of its clients.18 The remaining 36 consumers have provided
between one and 16 unsolicited fax ads each.19 Each consumer who
has provided information regarding the fax messages at issue
herein has signed a declaration, under penalty of perjury,
attesting that he or she (1) is either the owner of or
responsible for the telephone facsimile machine that received the
advertisement(s); (2) did not have an established business
relationship with either Fax.com or the entity whose products,
goods, or services were being advertised; and (3) did not grant
prior express permission or invitation for the faxes to be
sent.20
9. Consumer complaints about the faxes offer a snapshot of
the disruption, expense, and inconvenience caused by Fax.com's
unwanted fax transmissions.21 For instance, several consumers
describe being awakened very late at night or in the early hours
of the morning by the noise of their fax machines receiving an
unsolicited advertisement from a Fax.com client.22 Another
consumer, Elkins Cox, describes the expense and inconvenience of
receiving Fax.com's unwanted transmission on an older telephone
facsimile machine and states that he has chosen to turn off his
machine rather than deal with the stream of unsolicited
advertisements.23 Robert McMeekin, M.D., complains about
receiving unsolicited advertisements on a line that is
reservedfor the receipt of patient medical data, and emphasizes
the serious disruption to patient care caused by such unwanted
faxes.24
10. Some consumers complain about unsuccessful attempts to
remove their telephone facsimile machine numbers from Fax.com's
database and describe frustration with Fax.com's automated opt-
out lines, which do not identify Fax.com as the entity
responsible for the fax number database.25 Fax.com is not
identified on its clients' advertisements and similarly, in many
cases, the advertiser itself is unnamed.26 In such instances,
consumers describe difficulties in ascertaining the entity to
which they should direct a complaint about receipt of the faxes.
Some consumers who were able to contact either the advertiser or
Fax.com report that they encountered hostility,
misrepresentation, and unresponsiveness. For example, Andrew
Hansis has asked the Commission to take action with respect to
two unsolicited advertisements he received in October 2001,
neither of which identified the company whose service was being
advertised.27 With respect to the first advertisement, Mr.
Hansis states that he called the telephone number provided on the
advertisement for service orders and was provided with a name and
telephone number of a ``responsible individual'' with whom he
could discuss the unsolicited advertisement. After
unsuccessfully attempting to reach this individual, Mr. Hansis
reports he received a telephone call from Charles Martin, an
employee of Fax.com. According to Mr. Hansis, Mr. Martin ``was
unwilling to tell me the source of how the number was placed in
the database, only that it was `called in''' at an earlier
date.28
III. DISCUSSION
11. Section 227(b)(1)(C) of the Act prohibits any person
from using ``a telephone facsimile machine, computer, or other
device to send an unsolicited advertisement to a telephone
facsimile machine.''29 An unsolicited advertisement is defined as
``any material advertising the commercial availability or quality
of any property, goods, or services which is transmitted to any
person without that person's prior express invitation or
permission.''30 The Commission has determined that an
established business relationship between a fax sender and
recipient demonstrates consent to receive telephone facsimile
advertisement transmissions.31 The mere distribution or
publication of a telephone facsimile number, however, does not
confer invitation or permission to transmit advertisements to a
particular telephone facsimile machine.32
A. Constitutional Issue.
12. Fax.com and its client advertisers have argued that the
broad prohibition on sending unsolicited facsimile advertisements
violates their constitutional right to free speech guaranteed
under the First Amendment. Federal courts have previously
considered similar arguments. For example, the Court of Appeals
for the Ninth Circuit, where Fax.com is located, has determined
that the TCPA does not violate the First Amendment's protection
of commercial speech.33 Moreover, administrative agencies are
to presume that the statutes that Congress directs them to
implement are constitutional.34 Accordingly, we reject Fax.com's
arguments in this regard.
B. Fax.com's Liability Under 47 U.S.C. § 227(b)(1)(C) and 47
C.F.R. § 64.1200(a)(3).
13. Because of the nature of its operations, Fax.com is
liable for violations of section 227(b)(1)(C) of the Act and
section 64.1200(a)(3) of our rules even though it generally acts
on behalf of other parties in sending unsolicited advertisements
to telephone facsimile machines. The Commission has held that
the prohibition on sending unsolicited fax advertisements does
not apply to fax broadcasters that operate like common carriers
by merely transmitting their customers' messages without
determining either content or destination.35 In finding that
such entities are not liable under section 227(b)(1)(C) of the
Act or section 64.1200(a)(3) of the rules, the Commission has
focused on the nature of an entity's activity rather than any
label that that entity may claim. Specifically, the Commission's
rulings clearly indicate that a fax broadcaster's exemption from
liability is based on the type of activities it undertakes, and
only exists ``[i]n the absence of `a high degree of involvement
or actual notice of an illegal use and failure to prevent such
transmissions.'''36 Regardless of whether Fax.com characterizes
itself as a disinterested fax broadcaster, it is clear that the
company's activities place it outside the exempted category of
fax broadcasting applied by Commission and render it a fax sender
within the meaning of section 227(b)(1)(C).
14. The record here clearly establishes that Fax.com uses
its own extensive distribution list of telephone facsimile
numbers to send its clients' advertisements, and that it
knowingly sends advertisements to such numbers without regard to
whether the facsimile machine owner or responsible party either
granted permission to send the advertisement or had an
established business relationship with the advertiser or
Fax.com.37 In addition, Fax.com apparently reviews the text of
its clients' advertisements, not only to assist with graphic
design,38 but also to assess content.39 Such conduct is clear
evidence of Fax.com's high degree of involvement in the unlawful
activity. Moreover, the staff's citations provided Fax.com with
actual notice that its fax broadcasting activities do not comply
with federal law.
C. Violations Evidenced by the Consumer Correspondence.
15. As an initial matter, the staff has reviewed every
facsimile that forms the basis for this NAL to confirm that each
message advertises the commercial availability or quality of a
product, good or service and, thus, constitutes an advertisement
as set forth by section 227(a)(4) of the Act and section
64.1200(f)(5) of our rules.40 Further, the record indicates that
the consumers at issue neither granted express permission to send
the advertisements nor had an established business relationship
with either Fax.com or the entities on whose behalf the
advertisements were faxed.41 In light of this information, we
conclude that the 489 faxes detailed in Table 1 all are
unsolicited advertisements and, thus, violate the statutory
prohibition on faxing such materials.
D. Forfeiture Amount.
16. As set forth above, we conclude that Fax.com apparently
willfully or repeatedly violated the Act and the Commission's
rules and orders by using a telephone facsimile machine,
computer, or other device to send unsolicited advertisements to
telephone facsimile machines. Fax.com apparently did not cease
its unlawful conduct even after the Commission staff issued
citations warning that it was engaging in unlawful conduct and
could be subject to monetary forfeitures for subsequent
violations. Accordingly, a proposed forfeiture is warranted
against Fax.com for its apparent willful or repeated violations
of the ban on unsolicited facsimile advertisements contained in
section 227 of the Act and the Commission's rules and orders.
17. Section 503(b) of the Act authorizes the Commission to
assess a forfeiture of up to $11,000 for each violation of the
Act or of any rule, regulation, or order issued by the Commission
under the Act by a non-common carrier or other entity not
specifically designated in section 503 of the Act.42 In
exercising such authority, we are to take 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.''43
18. Although the Commission's Forfeiture Policy Statement
does not establish a base forfeiture amount for violating the
prohibition on sending unsolicited advertisements to a telephone
facsimile machine, we have previously considered $4,500 per
unsolicited fax advertisement as an appropriate base amount.44
In addition, we have previously assessed a higher forfeiture of
$10,000 per unsolicited fax advertisement in instances in which
the fax recipient had previously asked the sender to refrain from
faxing such materials.45
19. In the instant case, we believe that the maximum
forfeiture amount of $11,000 per violation is warranted for each
unsolicited advertisement transmitted by Fax.com and documented
by the consumer correspondence. It is clear from Fax.com's own
promotional materials and its responses to our citations that
Fax.com's primary business activity itself constitutes a
massive46 on-going violation of section 227(b)(1)(C) of the Act
and section 64.1200(a)(3) of the Commission's rules, and that
Fax.com is well aware of this fact. Fax.com's primary commercial
offering is a fax broadcasting service that clearly does not
comply with federal restrictions governing facsimile
advertisements. As outlined above, by its own admission and as
demonstrated by the consumer information, Fax.com generally
conducts its fax broadcasting without any regard to whether the
fax recipient has an established business relationship with
either Fax.com or the advertiser, or has otherwise granted
express permission for the advertisement to be sent. We conclude
that this unlawful undertaking merits maximum forfeitures for
each of the violations at issue here. Although we believe that
the nature of Fax.com's enterprise by itself warrants imposition
of a maximum forfeiture for each violation, we discuss below the
particularly egregious aspects of Fax.com's conduct.
20. Fax.com's Actions with Respect to Private Suits to
Enforce Section 227. We are especially concerned because it
appears that Fax.com has acted in a manner that thwarts the
unique statutory enforcement mechanism established by section 227
of the Act. Under the statute, the Commission, state attorneys
general, or aggrieved consumers may initiate actions to enforce
certain prohibitions and restrictions contained in section 227 of
the Act, including the prohibition on sending unsolicited fax
advertisements. Section 227(b)(3) affords consumers an
opportunity to initiate actions in state courts to enjoin
violations of, inter alia, the prohibition on faxing unsolicited
advertisements, and/or to recover damages equivalent to the
actual monetary loss caused by such violations or $500, whichever
is greater, for each violation. Damages may be trebled if a
court determines that the violation was ``willful and knowing.''
As we describe below, Fax.com appears to have engaged in a
pattern of deception and intimidation to conceal its involvement
in sending prohibited faxes47 and to frustrate consumers' efforts
to exercise the statutory private right of action.
21. We have obtained evidence that Fax.com employee Charles
Martin filed an apparently false statement regarding his
employment status before a California court considering a
consumer's section 227(b)(3) claim for damages against Fax.com
client American Benefit Mortgage. In two statements filed with
the Los Angeles Superior Court and signed under penalty of
perjury, Mr. Martin falsely identifies himself both as
``Compliance Manager for American Benefit Mortgage, Inc.'' and as
``Officer of the Company [American Benefit Mortgage] - Manager of
Human Resources.''48 Through Mr. Martin's false claim to be
employed by a client, Fax.com subverts the judicial decision-
making process and skews the statutory private right of action
accorded under section 227 by ensuring that the court does not
have an accurate record upon which to base its decision.
22. We have also obtained letters, signed by Mr. Martin,
that were received by consumers in response to ``demand
letters''49 that the consumers sent to Fax.com clients seeking to
obtain monetary damages for unsolicited advertisements. Mr.
Martin's letters are labeled ``Inadmissible Settlement
Communication,'' and state that the consumers that ``fall under .
. . exceptions . . . to receiving facsimile messages under 47
U.S.C. Section 227.''50 In addition, Mr. Martin warns the
consumers to expect countersuits that if they pursue their
private right of action in the state courts where they reside:
If you pursue this matter in Virginia our company will
seek civil and criminal charges in California.51
If you think you have an action under the TCPA then
file it in New Jersey. I will then pursue civil and
criminal actions against you in the California Superior
Courts. You can hire local legal counsel and we will
litigate these matters with a jury trial.52
If you pursue this matter in Massachusetts we will then
file the appropriate actions in California Superior
Court.53
Mr. Martin does not identify who ``we'' or ``our company'' is,
and there is no information on the face of the letters that would
reveal the identity of Mr. Martin's employer or the corporate
entity he actually represents.54 In two cases, however,
consumers have provided us with photocopies of the envelopes in
which Mr. Martin's letters arrived. In each case, the return
address shows the name and address of the individual advertisers
to which the consumers directed their demand letters. The
envelopes also show a metered mail stamp indicating that the
letters were mailed from Aliso Viejo, California - Fax.com's
corporate headquarters - despite the fact that the return address
was in a different location.55
23. Fax.com's letters are troublesome in several respects.
First, Fax.com's apparent deception regarding its authorship of
the correspondence appears to be part of a concerted effort to
discourage private enforcement actions against Fax.com's
individual clients while, at the same time, concealing Fax.com's
potential liability for the violations. In addition, the letters
go beyond valid legal defenses and misrepresent the requirements
of section 227(b)(1)(C),56 again in an apparent effort to
convince the recipients that they do not have a cause of action.
Finally, the letters allude to retaliatory and possible vexatious
court actions if recipients exercise the private right of action
provided by section 227(b)(3).57 Fax.com's obvious attempts to
thwart consumers' statutory private right of action threaten the
effectiveness of the unique three-pronged enforcement mechanism
that Congress created in section 227.
24. Fax.com's Marketing of Its Fax Broadcasting Service.
The record indicates that Fax.com does not disclose to its
clients the broad prohibition on faxing unsolicited
advertisements imposed by section 227 of the Act and our rules
and orders. Fax.com's extensive promotional website does not
mention section 227 at all. Information on the website creates
the erroneous impression that opt-out numbers provide the only
recourse for consumers who object to receiving unsolicited fax
advertisements.58 As indicated above, federal law does not
address opt-out numbers in any way and even the effective use of
such numbers in no way mitigates the fact that every unsolicited
fax advertisement violates federal law.59 In addition to
deceiving prospective customers by omitting crucial information,
Fax.com apparently has affirmatively misstated federal law
governing unsolicited facsimile advertisements. One consumer
reports a conversation with a Fax.com salesperson:
I acted hesitant about the legality of the whole thing,
but Mr. Horvat assured me that Fax.com works with the
FCC and other agencies to act within the Federal
Guidelines. He further stated that Fax.com includes a
federally required `opt-out' number at the bottom of
the fax which makes sending the faxes legal.60
In addition to subjecting consumers to greater numbers of
unlawful faxes, Fax.com's deceptive marketing leaves its clients,
which include small businesses, vulnerable to federal, state, and
private enforcement actions that may involve substantial monetary
penalties.
25. Fax.com's Dealings with the Commission. Fax.com has
not been forthcoming in its dealings with the Commission. The
staff's citations directed Fax.com to describe in detail its
involvement in ``providing, compiling, generating, or editing''
distribution lists of telephone facsimile numbers used to
transmit advertisements on behalf of clients. Specifically, the
staff asked
Does your company employ or compensate any individuals
or entities outside the company, including any tax-
exempt nonprofit organizations, for any service,
activity, assistance, or facilities used in connection
with your company's providing, compiling, generating,
or editing of such [distribution] lists? Please
describe such arrangements in detail.
Initially, Fax.com suggests that the staff's inquiry ``appear[s]
to be completely irrelevant and immaterial to the violations
alleged in the Citations.''61 The Commission, however, has
broad authority and discretion to investigate conduct under its
jurisdiction62 and to ``conduct its proceedings in such manner as
will best conduce the proper dispatch of business and to the ends
of justice.''63 Despite its reservations, Fax.com nonetheless
purports to substantively answer the staff's question, summarily
stating that it uses ``its own research methods'' as one means of
compiling its facsimile number database.64 In addition, Fax.com
states, ``Fax.com does not, to its knowledge, employ or
compensate any tax-exempt non profit organization(s) in
connection with Fax.com's business, including the providing,
compiling, generating or editing of distribution list(s) of
telephone numbers.''65 By limiting its answer to tax-exempt
nonprofit entities, Fax.com has failed to answer the staff's
inquiry, which clearly sought information pertaining to ``any
individuals or entities outside the company, including any tax-
exempt nonprofit organizations.''66
Despite the staff's warning that the concealment of any material
fact is punishable by fine or imprisonment,67 Fax.com did not
disclose to the Commission its remunerative relationship with at
least one individual who apparently housed automatic telephone
dialing equipment that Fax.com used to ``war dial'' massive
blocks of telephone numbers to determine which numbers belong to
telephone facsimile machines.68
26. Maximum Forfeiture Is Warranted. Fax.com's pervasive
and egregious pattern of deception confirms our determination
that the maximum forfeiture amount is warranted for each
violation set forth in Table 1. The record here shows that even
after the staff notified Fax.com that its actions violated the
Act and the Commission's rules and orders, Fax.com continued its
massive unlawful enterprise. The Forfeiture Policy Guidelines
provide for upward adjustments to the maximum statutory
forfeiture amount in cases such as this which involve egregious
misconduct and intentional violation.69 Accordingly, based on
the nature and gravity of Fax.com's conduct and the continued
need to ensure compliance with section 227(b)(1)(C) of the Act,
we find Fax.com apparently liable in the amount of $11,000 for
each of 489 violations. This results in a proposed total
forfeiture of $5,379,000. Fax.com shall have the opportunity to
submit evidence and arguments in response to this NAL to show
that no forfeiture should be imposed or that some lesser amount
should be assessed.70
IV. CONCLUSION AND ORDERING CLAUSES
27. We have determined that Fax.com apparently violated
section 227 of the Act and the Commission's rules and orders by
using a telephone facsimile machine, computer, or other device to
send the 489 unsolicited advertisements identified in Table 1 and
discussed above. We have further determined that Fax.com is
apparently liable for forfeitures in the amount of $5,379,000.
28. Accordingly, IT IS ORDERED, pursuant to section
503(b)(5) of the Act, as amended, 47 U.S.C. § 503(b)(5), and
section 1.80 of the Commission's rules, 47 C.F.R. § 1.80, that
Fax.com, Inc. IS HEREBY NOTIFIED of an Apparent Liability for
Forfeiture in the amount of $5,379,000 for willful or repeated
violations of section 227(b)(1)(C) of the Act, 47 U.S.C. §
227(b)(1)(C), and section 64.1200(a)(3) of the Commission's
rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
described in the paragraphs above.
29. IT IS FURTHER ORDERED, pursuant to section 1.80 of the
Commission's rules, 47 C.F.R. § 1.80, that within thirty (30)
days of the release of this Notice, Fax.com, Inc. SHALL PAY the
full amount of the proposed forfeiture71 OR SHALL FILE a response
showing why the proposed forfeiture should not be imposed or
should be reduced.
30. IT IS FURTHER ORDERED that a copy of this Notice of
Apparent Liability for Forfeiture SHALL BE SENT by certified mail
to Kevin Katz, President, Fax.com, Inc., 120 Columbia Street,
Suite 500, Aliso Viejo, California 92656.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Sec-
retary SEPARATE STATEMENT OF
COMMISSIONER KATHLEEN Q. ABERNATHY
Re: Fax.com Apparent Liability for Forfeiture, File No. EB-
02-TC-120, NAL/Acct. No. 200232170004
I strongly support this Notice of Apparent Liability and
hope that other fax broadcasters will take notice that the
Commission will strictly enforce the Telephone Consumer
Protection Act. As set forth in detail in the NAL, Fax.com
appears to have founded its business on the practice of sending
unsolicited faxes in flagrant violation of the TCPA. The record
also suggests that Fax.com deliberately misled consumers
regarding the company's requirements and consumers' rights under
the TCPA. Despite repeated warnings from the Commission and
numerous consumer complaints, the company appears to have made no
effort to mend its ways. As a result, many consumers have been
harassed in their homes and had their businesses disrupted by
unwanted fax solicitations ~ and, adding insult to injury, were
forced to pay for this privilege.
This NAL makes clear that the Commission will not tolerate
such conduct; indeed, we propose to punish Fax.com to the maximum
extent of our statutory authority. When I became a Commissioner,
I pledged to protect consumers by stringently enforcing the
Communications Act and the Commission's rules. I am proud that
the Commission is taking this responsibility seriously and
sending such a strong signal that companies cannot violate the
law with impunity.
_________________________
1 Fax.com, Inc. is headquartered at 120 Columbia Street, Suite
500, Aliso Viejo, California 92656. According to Dun &
Bradstreet Business Information Report, Fax.com began operations
in 1998. Fax.com is a closely held corporation whose president,
Mr. Kevin Katz, owns 35% of the capital stock. Value Capital
owns 33% of capital stock and Fax.com employees own the remaining
32% of capital stock. See Dun & Bradstreet Business Information
Report, April 3, 2002. For purposes of this NAL, we specify that
Fax.com encompasses all affiliated entities, successors, and
assigns as well as its corporate officers, Mr. Katz, Thomas Roth,
Jeffrey Dupree, and Eric Wilson.
2 Section 227 was added to the Communications Act of 1934 by
the Telephone Consumer Protection Act of 1991, Pub.L 102-243, 105
Stat. 2394, and is most commonly known as the TCPA.
3 See 47 U.S.C. § 227(b)(1)(C); 47 C.F.R. § 64.1200(a)(3); see
also Rules and Regulations Implementing the Telephone Consumer
Protection Act of 1991, Report and Order, 7 FCC Rcd 8752, 8779,
(1992) (TCPA Report and Order) (stating that section 227 of the
Act prohibits the use of telephone facsimile machines to send
unsolicited advertisements).
4 See 47 U.S.C. § 503(b)(1). The Commission has the authority
under this section of the Act to assess a forfeiture against any
person who has ``willfully or repeatedly failed to comply with
any of the provisions of this Act or of any rule, regulation, or
order issued by the Commission under this Act . . . .''
5 See http://www/fax.com/Services/faxblast.asp (website
accessed May 29, 2002). Fax.com's website, copyrighted 2000,
contains the following additional claims:
Fax.com is the only company that can boast 16 million
fax numbers. With another 16 million records soon
available, Fax.com will be the leading place to purchase
fresh fax broadcasting data.
http://www.fax.com/company_profile/our_business.asp
(website accessed May 29, 2002).
Broadcast your advertising fax based on radius, Zip
Codes, Metro Area, Area Code, County, State or the
entire U.S. using a database that will exceed 30 million
fax numbers. http://www.fax.com/Why_use_fax/direct.asp
(website accessed May 29, 2002).
6 See http://www.fax.com/Consumer_support/FAQs.asp (website
accessed May 29, 2002) (``If you would like, we can send you a
questionnaire about your company, consult with you and design
outstanding fax broadcast ads for you.'');
http://www.fax.com?Services/addl_seerv.asp (website accessed May
29, 2002) (``Our design department will work with you to design
your fax ad, choose type fonts, create graphics, and develop the
ideal fax that will achieve the greatest response.'').
7 See note 40, infra.
8 Citation letters from Kurt A. Schroeder, Deputy Chief, FCC
Telecommunications Consumers Division to Kevin Katz, Fax.com
President (Dec. 26, 2000; May 11, 2001; May 31, 2001)
(collectively Fax.com Citations or staff citations).
9 47 U.S.C. § 503(b)(5). Under section 503(b)(5), the
Commission may not assess a forfeiture penalty against any person
that does not hold a license, permit, certificate, or other
Commission authorization, and is not an applicant for such
instruments, unless ``(A) such person is first issued a citation
of the violation charged; (B) is given a reasonable opportunity
for a personal interview with an official of the Commission, at
the field office of the Commission nearest to the person's place
of residence; and (C) subsequently engages in conduct of the type
described in the citation.'' We note that this section does not
require the multiple citations given by the staff here; only a
single citation was necessary before initiation of a forfeiture
proceeding.
10 The staff also cited the following Fax.com clients for
alleged violations of section 227 and the Commission's rules and
orders: Platinum Travel Club and Teleconcepts Technologies;
Colorjet, Inc.; Millenium Marketing and Sales, Ltd.; Website
University; US Travel Services, Inc.; and Advanced Cellular
Communications, Inc. This proceeding does not encompass any
actions against the cited companies.
11 Fax.com Citations at 2 (footnotes omitted) (citing Rules and
Regulations Implementing the Telephone Consumer Protection Act of
1991, Memorandum Opinion and Order, 10 FCC Rcd 12391, 12407
(1995) (TCPA Memorandum Opinion and Order)); TCPA Report and
Order, 7 FCC Rcd 8752, 8780 (1992) (quoting Use of Common
Carriers, 2 FCC Rcd 2819, 2820 (1987))).
12 January 31 Response at 27; June 1 Response at 28; June 21
Response at 27.
13 January 31 Response at 27; June 1 Response at 29; June 21
Response at 28.
14 January 31 Response at 30; June 1 Response at 31-32; June 21
Response at 30.
15 January 31 Response at 30-31; June 1 Response at 32; June 21
Response at 31. Judging by information provided by consumers to
this Commission, it does not appear that Fax.com is using this
message routinely at the present time; only one such message is
included in the instant forfeiture action. See note 40, infra.
16 January 31 Response at 28-29; June 11 Response at 27; June
21 Response at 27-28.
17 As set forth in Table 1, these unsolicited facsimile
advertisements were received by 46 individuals, businesses, or
government offices between September 2001 and March 2002.
Although some consumers' correspondence and related declarations
detail additional unsolicited advertisements received before
August 7, 2001, we do not list these violations in Table 1
because they are beyond the one-year statute of limitations set
forth in section 503(b)(6)(B) of the Act, 5 U.S.C. §
503(b)(6)(B). Finally, we note that evidence of additional
instances of unlawful conduct by Fax.com, subject to section
503(b)(6)(B)'s statute of limitations, may form the basis of
additional enforcement actions.
18 See Table 1 recording faxes received by Robert Isaac Carr
(27 faxes), George D. Demet (29 faxes), Robert R. Dzimidas (21
faxes), L. (``Les'') R. Docks (24 faxes), Allan Howard Frey (21
faxes), Heather Ann Hartnett (30 faxes), Douglas M. McKenna (95
faxes; 28 faxes - residential line, 67 faxes - business line),
John P. Strang (30 faxes), and Wayne George Strang (48 faxes).
19 Some consumers indicate that they actually have received far
more advertisements from Fax.com than they have submitted to the
Commission. See Facsimile message from John Koltun to Evelyn
Dyson, FCC Telecommunications Consumers Division (Apr. 12, 2002);
facsimile message from George Craig (on behalf of Gary Chou,
Internal Revenue Service) to Evelyn Dyson, FCC Telecommunications
Consumers Division (Mar. 18, 2002).
20 One consumer describes particular circumstances to show that
he neither solicited the faxes nor permitted another individual
to do so on his behalf. See Declaration of Wayne George Strang
(Jul. 22, 2002) (stating that Mr. Strang is the only member of
his household and, thus, the only individual entitled to grant
access to his telephone facsimile machine).
21 Although not the basis for our action here, we note that
accounts in public media, litigation against Fax.com, and
correspondence to the Commission describe in detail substantial
disruption and expense caused by Fax.com's widespread fax
broadcasting of unsolicited advertisements. See ``E-Mail Bill
May Fail to Curtail Spamming,'' Brett Arquette, eWEEK Magazine,
www.eweek.com/article/0,3658,s=1868&a=8229,00.asp, 2001 WL
4412169 (July 16, 2001) (describing disruption caused by business
organization's receipt of up to 1,000 faxes per week from
Fax.com):
We have 320 DID (direct inward dialing) fax numbers
assigned to our organization and recently had to add two
more inbound trunks to keep up with the number of
unsolicited faxes Fax.com was pumping out. During one
week, Fax.com took up all four of the inbound lines that
feed our 320 RightFax server numbers for 1.5 hours,
virtually shutting down our fax system for that time.
See also ``Fighting Back on the Fax,'' Ed Foster, InfoWorld
Magazine, 2001 WL 22048648 (Aug. 13, 2001) (relaying readers'
reports of disruption caused by Fax.com: ``'We received over 100
faxes from Fax.com even though we had previously opted out for
all our 135 or so incoming phone numbers. . .'''); Covington &
Burling v. International Marketing & Research, Inc., et.al.,
Second Amended Complaint, Civil Action No. 01-004360 (D.C.
Superior Court, filed Dec. 13, 2001) ($2.45 million lawsuit
alleging Fax.com ``bombarded'' law firm with 1,634 unsolicited
advertisements during one week, ``substantially interfer[ing]
with the work of the firm.''); Letter from Phillip L. Verveer and
David M. Don, counsel for j2 Global Communications, Inc. to Kurt
Schroeder, Deputy Chief, FCC Telecommunications Consumers
Division (May 9, 2001) (describing disruption to j2's business
operations caused by faxes transmitted by Fax.com and other fax
broadcasters that send unsolicited advertisements):
Over the last several months, Fax.com and American
Blast Fax (and its affiliates) have flooded j2s
telephone facsimile lines with hundreds of unsolicited
faxes, despite j2's requests that they cease and desist
transmission of unsolicited faxes. The flood of
unsolicited advertisements severely disrupts the j2
service, interferes with customers' abilities to
utilize the services, and on many occasions, crashes
j2's servers for several hours at a time during the
workday. When a server crashes, j2 customers are
unable to access their accounts and thus cannot receive
or send faxes and voicemails using the j2 service.
Delivery of legitimate faxes to customers' email
accounts is often delayed for hours.
See also ``j2 Global Communications, Inc. Secures Agreement to
End Unsolicited Fax Spam,'' j2 Global Communications, Inc. Press
Release, http://biz.yahoo.com/prnews/020130/law050 (Jan 30, 2002)
(reporting that j2 secured an agreement to end Fax.com's
transmission of unsolicited fax advertisements to j2's more than
4.5 million customers).
22 See Letter from James Allan Dobbins to the Direct Marketing
Association (Oct. 4, 2001); facsimile message from Richard V.N.
Ginn to Carmen Bates, FCC Telecommunications Consumers Division
(Mar. 16, 2002); Letter from Steven M. Greenberg to FCC (Dec. 7,
2001); Letter from Sally Collins to FCC Consumer Information
Bureau (Dec. 13, 2001).
23 Letter from Elkins Cox to FCC Consumer Information Bureau
(Sep. 21, 2001) and attached letter from Elkins Cox to Georgia
Governor's Office of Consumer Affairs (Sep. 5, 2001) (``In my
home setup, I must answer the phone, realize it is a fax call,
and transfer the call to the fax machine,'' which prints the fax
at a cost of $.30 per page).
24 Letter from Robert R. McMeekin, M.D. to FCC Consumer
Information Bureau (Jan. 11, 2002). Dr. McMeekin mistakenly
identifies two faxes as being transmitted on October 31 and
December 31, 2000. The faxes included with Dr. McMeekin's letter
contain header information that shows that they actually were
received on those days in the year 2001.
25 Information provided by consumers indicates that Fax.com
continued to send faxes even after receiving opt-out calls. For
instance, a log provided by William Robert White, President of
Regency Sales, Inc., documents over 50 attempts between May 2000
and August 2001 to use Fax.com's opt-out numbers to halt
Regency's receipt of unsolicited advertisements from Fax.com
clients. Despite these attempts, Fax.com continued to transmit
unsolicited advertisements to Regency, as evidenced by at least
12 faxes received by Regency from December 2001 to February 2002.
See Table 1; see also Letter from Andrew Hansis to Consumer
Information Bureau (Oct. 5, 2001) (October 5 Hansis Letter)
(stating that Mr. Hansis continued to receive faxes even after
using Fax.com's automated opt-out system and speaking with a
senior Fax.com employee in an effort to end the faxing); Consumer
Form for Telephone-Related Issues from Norman Jensen, III (rec'd
Jan. 8, 2002) (consumer continued to receive at least one
advertisement a week despite ``repeatedly'' calling opt-out
numbers and faxing a message to the originating fax number asking
that his telephone facsimile number be removed from the fax
number database); Consumer Form for Telephone-Related Issues from
Dora Wong Goto (rec'd Oct. 15, 2001) (Goto Complaint Form);
annotated copies of faxes submitted by James Allan Dobbins. It
is clear that a call to one Fax.com opt-out line does not end all
fax transmissions from the company. We emphasize here that even
an effectively administered opt-out system does not change the
statutory ban on sending unsolicited facsimile advertisements or
insulate such transmissions from statutory penalties. However,
the fact that Fax.com apparently does not even adhere to its own
stated procedures makes its conduct even more egregious.
26 Over 20 per cent of the faxes listed in Table 1 do not
identify the entity whose products, goods, or services are being
advertised. Section 227(d)(1)(B) of the Act and section 68.318
of the Commission's rules require that all faxes display in a
margin at the top or bottom of each page or on the first page of
a fax transmission, the following information: the date and time
of transmission; the name of the individual, business, or other
entity that sent the fax; and the telephone number of either the
sending machine or the individual, business, or other entity
responsible for sending the fax. With respect to identification
requirements for the fax sender and the telephone number of the
sender or sending machine, the Commission has determined that the
entity that creates the content of the fax message is generally
responsible for compliance. Rules and Regulations Implementing
the Telephone Consumer Protection Act of 1991, Order on Further
Reconsideration, 12 FCC Rcd 4609, 4610 n.7, 4613 (1997) (finding
that liability rests with entity that is responsible for the
content of the fax message, not with a fax broadcaster that does
``not determine the message content or to whom they are sent.'')
If, however, a fax broadcaster voluntarily chooses to place its
own identifying information on a message faxed for another
entity, ``it must be clear which entity is the content originator
and which entity is merely the transmitter of the message.'' 12
FCC Rcd at 4613.
27 Letter from Andrew Hansis to Consumer Information Bureau
(Oct. 4, 2001) (October 4 Hansis Letter); October 5 Hansis
Letter.
28 October 4 Hansis Letter; see, e.g., Goto Complaint Form
(consumer made two calls to Fax.com but was unable to reach a
live person or have calls returned).
29 47 U.S.C. § 227(b)(1)(C). Section 227 defines a telephone
facsimile machine as ``equipment which has the capacity (A) to
transcribe text or images, or both, from paper into an electronic
signal and to transmit that signal over a regular telephone line,
or (B) to transcribe text or images (or both) from an electronic
signal received over a regular telephone line onto paper.'' Id.
§ 227(a)(2). This blanket prohibition applies to all unsolicited
advertisements transmitted to telephone facsimile machines. The
Act does not permit the sending of unsolicited advertisements by
facsimile to either business or residential telephone facsimile
machines.
30 47 U.S.C. § 227(a)(4); 47 C.F.R. § 64.1200(f)(5).
31 See TCPA Report and Order, 7 FCC Rcd at 8779 n. 87; TCPA
Memorandum Opinion and Order, 10 FCC Rcd at 12408.
32 Id.
33 See Destination Ventures v. FCC, 46 F.3d 54, 55-57 (9th Cir.
1995) (ban on unsolicited fax advertisements does not violate the
advertiser's First Amendment rights because it reasonably fits
the government's interest in preventing the shifting of
advertising costs to consumers); see also Kenro, Inc. v. Fax
Daily, Inc., 962 F.Supp. 1162, 1167-69 (S.D. Ind. 1997) (ban on
unsolicited fax advertisements is narrowly tailored to achieve
the government's intended purpose and does not violate the First
Amendment guarantee of commercial free speech); Texas v. American
Blast Fax, 121 F. Supp. 2d 1085, 1091-92 (W.D. Tex. 2000). But
see Missouri v. American Blast Fax, 196 F. Supp. 920 (E.D. Mo.
2002), appeal pending Nos. 02-2705, 02-2707 (8th Cir.)
(government failed to demonstrate that the harms associated with
unsolicited facsimile advertisements are real, that the blanket
prohibition on faxing such materials would significantly
alleviate such harms, and that the prohibition was not more
extensive that necessary to serve the government's interests).
The latter case is not implicated in this NAL because none of the
fax transmissions for which we are assessing a forfeiture were
received in or, to our knowledge, sent from the eastern judicial
district of Missouri.
34 Johnson v. Robison, 415 U.S. 361, 368 (1974) (quoting
Oestereich v. Selective Service Board, 393 U.S. 233, 242 (1968)
(Harlan, J., concurring in result) (``Adjudication of the
constitutionality of congressional enactments has generally been
thought beyond the jurisdictions of administrative agencies.'')).
35 TCPA Memorandum Opinion and Order, 10 FCC Rcd at 12407. See
TCPA Report and Order, 7 FCC Rcd at 8780.
36 Id. (quoting Use of Common Carriers, 2 FCC Rcd at 2820).
37 See para. 5, supra.
38 See note 6, supra.
39 Fax.com's website states that ``[a]s a responsible service
provider, Fax.com makes a conscious effort to censor any
offensive literature or graphic content from its platform.''
http://www.fax.com/company_profile/our_business.asp (website
accessed May 29, 2002). In addition, as indicated above, in
response to our citations, Fax.com has suggested that it may
review its clients' advertisements to ensure that they are not
``offensive or misleading.'' See para. 5, supra. Such editorial
influence is inconsistent with Fax.com's claim that it does not
exercise control over the content of its clients' advertisements.
Fax.com's close involvement in the undertakings of its clients is
evidenced by the fact that Fax.com is the subscriber for the
toll-free sales number (800-550-0406) displayed on one of its
client's advertisements. See, e.g., Advertisements from
Infinity Communications to Heather Ann Hartnett (Nov. 2, 2001;
Dec. 12, 2001).
40 47 U.S.C. § 227(a)(4); 47 C.F.R. § 64.1200(f)(5); see para.
8, supra. The advertisements include promotions for cellular
telephone service, stock market offerings, commercially offered
seminars, clocks, vacation packages, office supplies and
equipment, and insurance services. The Moneyline Report's stock
advertisements, claim, ``This Fax is intended for information
purposes only and is not a commercial solicitation under the
Telephone Consumer Protection Act. It is not an offer to buy or
sell anything.'' Despite this disclaimer, the faxes clearly
promote a stock offering and thus constitute an advertisement
under 47 U.S.C. § 227(a)(4) and 47 C.F.R. § 64.1200(f)(4). See,
e.g., Advertisement from Moneyline Report to John P. Strang (Oct.
16, 2001) (``Moneyline Report is putting FXGP on our Strong Buy-
Aggressive Growth recommendation list. . . .''). Finally, one of
the advertisements included in this forfeiture action is
Fax.com's own ``Your Permission Please'' message, which
purportedly seeks permission to fax consumers both missing
children alerts and ``a limited amount of paid commercial
advertising.'' See Advertisement from Fax.com to Heather Ann
Hartnett (Dec. 31, 2001). Contrary to Fax.com's assertion, such
messages are indeed both commercial and prohibited under section
227(b)(1)(C) of the Act and section 64.1200(a)(3) of our rules.
See TCPA Memorandum Opinion and Order, 10 FCC Rcd at 12408
(``[F]acsimile requests for permission to transmit would impose
costs on facsimile recipients unless and until the recipient were
able to ask that such transmissions be stopped. This kind of
`negative option' (in which the sender presumes consent unless
advised otherwise) is contrary to the statutory requirement for
prior express permission or invitation.'').
41 In fact, several consumers indicate that Fax.com continued
to fax advertisements to them even after they attempted to stop
such faxes by calling one or more of Fax.com's toll-free opt-out
numbers. See note 25, supra.
42 Section 503(b)(2)(C) provides for forfeitures up to $10,000
for each violation by cases not covered by subparagraph (A) or
(B), which address forfeitures for violations by licensees and
common carriers, among others. See 47 U.S.C. § 503(b). In
accordance with the inflation adjustment requirements contained
in the Debt Collection Improvement Act of 1996, Pub. L. 104-134,
Sec. 31001, 110 Stat. 1321, the Commission implemented an
increase of the maximum statutory forfeiture under section
503(b)(2)(C) to $11,000. See 47 C.F.R. §1.80(b)(3); Amendment of
Section 1.80 of the Commission's Rules and Adjustment of
Forfeiture Maxima to Reflect Inflation, 15 FCC Rcd 18221 (2000).
43 47 U.S.C. § 503(b)(2)(D); 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, 17100-17101, (1997), recon. denied, 15 FCC Rcd 303
(1999) (Forfeiture Policy Statement).
44 See Get-Aways, Inc., Notice of Apparent Liability For
Forfeiture, 15 FCC Rcd. 1805, 1812 (1999); see also Carolina
Liquidators, Inc., Notice of Apparent Liability for Forfeiture,
15 FCC Rcd 16837, 16842 (2000) (Carolina Liquidators NAL); Tri-
Star Marketing, Notice of Apparent Liability for Forfeiture, 15
FCC Rcd 11295, 11300 (2000) (Tri-Star NAL); US Notary, Inc.
Notice of Apparent Liability for Forfeiture, 15 FCC Rcd 16999,
17003 (2000).
45 See Carolina Liquidators NAL, 15 FCC Rcd at 16842; Tri-Star
NAL, 15 FCC Rcd at 11300.
46 Fax.com's website, copyrighted 2000, claims:
By mid-1999, all systems were in place with an initial
broadcasting capacity of two million faxes per day.
Following its plan to continue increasing line capacity
to three million faxes per day by 2001, Fax.com is well
on its way.
http://www.fax.com/company_profile/about.asp (website accessed
May 29, 2002).
47 As mentioned above, only one of the 489 faxes that form the
basis for this NAL identifies Fax.com in any way. Nonetheless,
Fax.com's various toll-free opt-out numbers appear on each
advertisement. In fact, the wording of the opt-out notices, and
the fact that they are contained on advertisements for individual
entities, clearly convey the erroneous impression that opt-out
numbers are associated with individual advertisers. See, e.g.,
Advertisement from Y2 Marketing to D. Leon Taylor (Oct. 16, 2001)
(``If you received this fax in error and would like to have your
number removed from our database, call toll-free at 800-822-9033;
Advertisement from eStock Pick of the Week to Robert Isaac Carr
(Jan. 9, 2002) (``To have your name removed from our database,
please call our toll free service at: (800)-331-4510);
Advertisements from Central Imaging Supply to L. (``Les'') R.
Docks (Nov. 2 and 8, 2001) (``To have your number removed from
our database, please call our automated toll-free center at 800-
457-5410). As shown in Tables 2 and 3, however, opt-out numbers
are not assigned uniquely to individual advertisers. These
tables reveal that a single advertiser may be associated with
multiple opt-out numbers and likewise a single opt-out number may
be associated with multiple advertisers.
48 ``Representative Appearance Declaration Pursuant to CCP
116.540(B)'' signed by Charles Martin and filed in Los Angeles
Superior Court (Feb. 26, 2001, Apr. 3, 2001). According to Dun &
Bradstreet, Charles Martin is not an officer of American Benefit
Mortgage. See Dun & Bradstreet Business Information Report (June
7, 2002). In addition, an Enforcement Bureau staff member called
American Benefit Mortgage's automated telephone directory,
followed instructions to press keypads to spell Mr. Martin's
name, and received a message that the name could not be found in
the directory.
49 Demand letters are a popular tool among TCPA advocates and
consumers who seek to self-enforce section 227 though the
statute's private right of action. In such demand letters, a
consumer generally complains about receiving a prohibited
advertisement, asserts the private right of action to recover
monetary damages, and asks the advertiser to pay a specified
amount to avoid being sued in state court. We do not suggest
that any advertiser or fax broadcaster is obligated to accede to
a demand letter or that failure to do so somehow indicates an
alleged violator's bad faith.
50 See Letter from Charles Martin to Terry P. Carter (Oct. 25,
2001) (Carter Letter); Letter from Charles Martin to Amy K.C.
Goebel (Nov. 2, 2001) (Goebel Letter).
51 Carter Letter.
52 Letter from Charles Martin to Richard M. Zelma (Nov. 9,
2001) (Zelma Letter).
53 Goebel Letter.
54 The line below Mr. Martin's name simply reads, ``Compliance
Department.'' See Carter Letter (reference line refers to
Advanced Communications); Goebel Letter (reference line refers to
Advanced Communications); Letter Zelma Letter (reference line
refers to Colorjet, Inc.).
55 The envelope for the Zelma Letter shows a return address for
Colojet, Inc. in Louisville, Kentucky while the metered postal
stamp, PB8722193, shows that the envelope was mailed from Aliso
Viejo, California. Likewise, the envelope for the Goebel Letter
shows a return address for Advanced Communications in Long Beach,
California (located in Los Angeles County) and the identical
metered postal stamp number, which shows that the envelope was
mailed from Aliso Viejo, California (located in Orange County).
56 One letter states, ``As you are aware there are three
exceptions to receiving facsimile messages under 47 U.S.C.
Section 227. You fall under two of those exceptions.'' Carter
Letter. In reality, there is one exception to the ban on faxing
unsolicited advertisements: when the recipient has given prior
express permission or invitation to send the advertisement. 47
U.S.C. § 227(b)(1)(C). As noted above, the Commission has
determined that an established business relationship between the
fax sender and recipient constitutes the requisite permission or
invitation to fax. See para. 11, supra. Other information from
consumers also indicates Mr. Martin's deception regarding the
section 227(b)(1)(C) of the Act:
Mr. Martin has continued to attempt to misinform me
about the TCPA, stating at various times that Fax.com
is exempt from the TCPA, that California law overrides
the TCPA, that Fax.com was a non-profit organization
and thus exempt from § 227(b)(1)(C), that Fax.com has
never lost a case, that the FCC has not cited Fax.com,
etc.
Letter from Mark James, Marketing Power, Inc. to Yanic Hardie,
FCC (Apr. 2, 2001) (James Letter).
57 One consumer has alleged that he was a victim of such a
retaliatory lawsuit. Richard Zelma, a well-known TCPA advocate,
claims that Charles Martin falsely swore out a complaint in the
state of New Jersey charging Mr. Zelma with harassment. State of
New Jersey v. Richard Zelma, Norwood Municipal Court Summons No.
S-2001-000002-0241, File No. 8875.1000 (Jan. 23, 2001). The case
was dismissed for failure to prosecute. The claims made by Mr.
Zelma and Mr. Martin are moot, and in any event, would not be
properly before this Commission; we therefore take no position on
the validity of such claims.
58 See http://www.fax.com/Customer_support/FAQs.asp (website
accessed May 29, 2002) (``Q: Do prospective clients complain
about receiving the faxes? A: If someone does not want to
receive any more faxes, there is an 800 number at the bottom of
each and every fax sent through Fax.com that an individual can
call to have the fax number removed from your campaign list.'')
59 See note 25, supra. We note that the broad federal
prohibition on faxing unsolicited advertisements applies to both
interstate and intrastate transmissions. See 47 U.S.C. § 152(b)
(section 227, inter alia, is not subject to the provision that
generally excludes Commission jurisdiction over intrastate
matters); 47 U.S.C. § 227(e) (section 227 does not preempt state
law that imposes more restrictive intrastate requirements).
60 James Letter.
61 January 31 Response at 29; June 1 Response at 29-30; June 21
Response at 28-29.
62 47 U.S.C. § 403 provides that ``[t]he Commission shall have
full authority and power at any time to institute an inquiry, on
its own motion, in any case and as to any matter or thing . . .
concerning which any question may arise under any provisions of
this Act, or relating to the enforcement of any of the provisions
of this Act.''
63 47 U.S.C. § 154(j).
64 See January 31 Response at 29; June 1 Response at 30; June
11 Response at 29.
65 Id. (emphasis added).
66 Fax.com Citations at 2 (emphasis added).
67 Id.
68 In this context, war dialing uses automated equipment to
dial telephone numbers, generally sequentially, and software to
determine whether each number is associated with a fax or voice
line. In April 2000, the state of Washington entered into a
consent decree with Fax.com to settle its complaint alleging that
this war-dialing scheme had resulted in a barrage of calls to
telephone lines at the University of Washington Medical Center,
including lines for emergency services and patient rooms, in
violation of section 227(a)(1)(A) of the Act and section
64.1200(a)(1) of our rules. State of Washington v. Fax.com,
Inc., No. C01-0369 (W.D. Wash. May 13, 2001) (consent decree
permanently enjoining Fax.com from, inter alia, using automated
dialing equipment to call any hospital patient room or emergency
medical telephone number within Washington state and providing
for $90,000 payment to the state in civil penalties, damages, and
attorneys fees). We recognize that although Fax.com has agreed
to an injunction and monetary payment, it does not admit the
allegations in Washington's complaint. We do not address or pass
judgment on all aspects of Fax.com's conduct in this regard,
which, in any event, is beyond the statute of limitations set by
the Act. Nonetheless, we need not ignore materials that document
an arrangement whereby Fax.com paid an individual to house and
operate the war-dialing equipment. See Participation Agreement
between Fax Broadcast Systems and Mike Salvus (Apr. 4, 2000)
(providing for Mr. Salvus's agreement to house in his residence
war-dialing, or ``casting,'' equipment as part of Fax Broadcast
Systems' ``Fax Broadcast Placement Program''); ``Dear
Participant'' Form Letter from Paul L. Stanton, Fax Broadcast
Systems (Mar. 30, 2000) (informing recipients that Fax.com has
taken over from Fax Broadcast Systems, payments to participants
in the fax broadcast placement program). In light of this
information, it is clear that Fax.com did not honestly answer the
staff's questions. We do not address here possible sanctions
against Fax.com for its concealment.
69 Forfeiture Policy Statement, 12 FCC Rcd at 17,101.
70 See 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3).
71 The forfeiture amount should be paid by check or money order
drawn to the order of the Federal Communications Commission.
Reference should be made on Fax.com, Inc.'s check or money order
to ``NAL/Acct/ No. 200232170004.'' Such remittances must be
mailed to Forfeiture Collection Section, Finance Branch, Federal
Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482.
----------------------------------------------------------------------
TABLE 1
Unsolicited Advertisements Transmitted by Fax.com
and Subject to Forfeiture Pursuant to FCC 02-226___
(Fax.com, Inc., Notice of Apparent Liability for Forfeiture)
FAX RECIPIENT NUMBER DATE ADVERTISER FAX.COM
OF FAX (Bold type denotes advertiser that is OPT-OUT
FAXES RECEIVED not identified by fax text) NUMBER
Thomas W. Bell, Jr. 12/10/01 Vacation Getaway Travel, Inc. 800-822-
(Accredo 9033
Health, Inc.)
12/12/01 Mortgage Market 800-443-
7628
3 1/7/002 Tower Group 800-457-
5410
Cappy Caplan (MRO
Electronic 1 1/15/02 Stock Traders Alert 800-785-
Distributors, Inc.) 8505
Lucretia A. Cartharius 11/20/01 Stockscape Network Group (Small Cap 800-443-
(Rosenbaum Central) 7628
Investments)
11/26/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
11/27/01 Central Imaging Supply 800-457-
5410
12/7/01 Vacation Getaway Travel, Inc 800-822-
9033
5 2/22/02 Vacation Getaway Travel, Inc. 800-822-
9033
Robert Isaac Carr 12/10/01 Advanced Communications 800-785-
6698
12/17/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
12/27/01 Cell Direct 800-965-
7235
12/27/01 Vacation Getaway Travel, Inc 800-822-
9033
1/6/02 Y2 Marketing 800-822-
9033
1/9/02 eStock Pick of the Week 800-331-
4510
1/12/02 Y2 Marketing 800-822-
9033
1/15/02 Advanced Communications 800-785-
6698
1/16/02 Office Warehouse 800-822-
9033
1/17/02 Union Trust Mortgage 800-443-
7628
1/17/02 Office Warehouse 800-822-
9033
1/18/02 Investors Today 800-331-
4510
FAX RECIPIENT NUMBER DATE ADVERTISER FAX.COM
OF FAX (Bold type denotes advertiser that is OPT-OUT
FAXES RECEIVED not identified by fax text) NUMBER
Robert Isaac Carr 1/23/02 Wireless Center 800-822-
(continued) 9033
1/28/02 Office Warehouse 800-766-
0816
1/29/02 Axin Corporation 800-822-
9033
2/1/02 Vacation Showroom (``Corporate Travel 800-822-
Division'') 9033
2/10/02 Y2 Marketing 800-766-
0816
2/13/02 Vacation Getaway Travel, Inc. 800-822-
9033
2/14/02 Bentley Mortgage 800-822-
9033
2/19/02 Vacation Warehouse 800-443-
7628
2/27/02 Advanced Communications 800-785-
6698
3/4/02 National Communications 800-822-
9033
3/6/02 Vacation Warehouse 800-822-
9033
3/14/02 Altimate Marketing 800-976-
3734
3/19//02 LifeQuotes of America, Inc. 800-976-
3734
3/28/02 Apollo Transportation 800-822-
9033
27 3/28/02 Partnership for Education 800-976-
3734
Terry Powell Carter 1 10/10/01 Advanced Communications 800-785-
6698
Gary Chou (United States 10/3/01 Advanced Communications 800-785-
Department of 6698
the Treasury, Internal
Revenue Service)
10/6/01 Y2 Marketing 800-822-
9033
10/11/01 Central Imaging Supply 800-457-
(1:51 p.m.) 5410
10/11/01 Central Imaging Supply 800-457-
(2:00 p.m.) 5410
10/16/01 Media Broadcast Solutions (Wall 800-766-
Street Examiner) 0816
10/30/01 Moneyline Report 800-364-
0216
11/1/01 First Chartered Investments 800-443-
5716
11/2/01 Businesscoach.com 800-766-
0816
12/10/01 Call Center Network - The Wireless 800-822-
Center 9033
1/7/02 Y2 Marketing 800-766-
0816
1/9/02 Elite Communications 800-822-
9033
1/15/02 Equity Market Watch 800-766-
0816
Gary Chou (continued) 1/23/02 Call Center Network 800-822-
9033
2/6/02 Tallclocks, Inc. 800-457-
5410
2/7/02 Elite Communications 800-766-
0816
16 3/7/02 Y2 Marketing 800-663-
8758
Sally Collins 12/11/01 First Chartered Investments 800-443-
5716
2 12/13/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
Elkins Cox 1 9/5/01 Florida Reservations 877-276-
1974
George D. Demet 9/6/01 LifeQuotes of America, Inc. 800-443-
(Palantir.net) 7628
9/27/01 Axin Corporation 800-822-
9033
9/28/01 American Cellular Inc. 800-822-
9033
10/11/01 Cell Direct 800-822-
9033
10/11/01 Wall Street Alert 800-785-
6698
10/16/01 Moneyline Report 800-364-
0216
10/24/01 Axin Corporation 800-822-
9033
10/26/01 Cell Direct 800-822-
9033
10/30/01 Moneyline Report 800-364-
0216
11/13/01 Stock Traders Alert 800-785-
8505
11/28/01 Kit Stuff Wireless 800-822-
9033
11/29/01 Telecommservices.net (Fine 800-965-
Telecommunications, Inc.) 7235
11/29/01 Office Warehouse 800-822-
9033
11/29/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
12/5/01 Bullish Report 800-331-
4510
12/10/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
12/21/01 eStock Pick of The Week 800-331-
4510
12/26/01 Cell Direct 800-822-
9033
1/3/02 Office Warehouse 800-766-
0816
1/8/02 Y2 Marketing 800-766-
0816
1/10/02 Altimate Marketing 800-976-
3734
1/10/02 Bullish Report 800-331-
4510
George D. Demet 1/22/01 Cell Direct 800-822-
(continued) 9033
1/24/02 Axin Corporation 800-822-
9033
1/27/02 Y2 Marketing 800-766-
0816
1/29/02 Telecommservices.net (Fine 800-965-
Telecommunications, Inc.) 7235
2/2/02 Y2 Marketing 800-766-
0816
2/7/02 Bridge 21/Financial Management 800-766-
Solutions 0816
29 2/12/02 Office Warehouse 800-822-
9033
James Allan Dobbins 1 10/24/01 Ticket Solutions 800-822-
9033
L. (``Les'') R. Docks 10/31/01 Absolute Wireless 800-443-
7628
11/2/01 Central Imaging Supply 800-457-
5410
11/8/01 Central Imaging Supply 800-457-
5410
11/13/01 Dr. Roger Arredondo 800-443-
7628
11/14/01 Advanced Communications 800-785-
6698
11/19/01 Central Imaging Supply 800-457-
5410
11/20/01 Stock Traders Alert 800-785-
8505
11/20/01 Satellite Country 800-766-
0816
11/30/01 Y2 Marketing 800-822-
9033
12/5/01 Dr. Roger Arredondo 800-822-
9033
12/11/01 Absolute Wireless 800-822-
9033
12/18/01 Absolute Wireless 800-822-
9033
12/28/01 Cell Direct 800-965-
7235
12/30/01 Y2 Marketing 800-822-
9033
1/2/02 Union Trust Mortgage 800-766-
0816
1/4/02 Axin Corporation 800-822-
9033
1/6/02 Y2 Marketing 800-822-
9033
1/7/02 Vacation Getaway Travel, Inc. 800-822-
9033
1/7/02 Tallclocks, Inc. 800-457-
5410
1/9/02 Holiday Orlando (``Travel News 800-457-
Release'') 5410
1/15/02 Dr. Roger Arredondo 800-822-
9033
L. (``Les'') R. Docks 1/17/02 Holiday Orlando (``Travel News 800-457-
(continued) Release'') 5410
1/26/02 Y2 Marketing 800-766-
0816
24 1/29/02 Cell Direct 800-965-
7235
Richard Don 10/11/01 Wall Street Alert 800-785-
6698
2 10/16/01 Moneyline Report 800-364-
0216
Robert R. Dzimidas 10/30/01 Moneyline Report 800-364-
0216
11/1/01 Strategic Stock Intelligence, Inc. 800-443-
7628
11/1/01 Investor's Business Report (The Wall 800-785-
Street Alert) 6698
11/6/01 Wall Street Alert 800-785-
6698
11/13/01 American Cellular Inc. 800-822-
9033
11/14/01 Wall Street Investment Alert 800-443-
7628
11/14/01 DSC Inc. (Digital Systems Concepts, 800-822-
Inc.). 9033
11/14/01 Wall Street Outlook 800-443-
7628
11/19/01 Stock Traders Alert 800-785-
8505
11/27/01 JWP 800-822-
9033
11/28/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
11/30/01 Advanced Communications 800-785-
6698
12/4/01 Wall Street Investment Alert 800-331-
4510
12/4/01 Investors Today 800-331-
4510
12/5/01 Bullish Report 800-331-
4510
12/6/01 Moneyline Report 800-364-
0216
12/6/01 Wireless Connections 800-822-
9033
12/9/01 Y2 Marketing 800-822-
9033
12/11/01 NBM Information 800-331-
4510
12/17/01 American Cellular Inc. 800-822-
9033
21 1/15/02 Stock Traders Alert 800-785-
8505
Cheryl Edmondson (Applied 10/8/01 LifeQuotes of America, Inc. 800-443-
Communication Systems, 7628
Inc.)
10/10/01 Wall Street Alert 800-785-
(1:03 a.m.) 6698
Cheryl Edmondson 3 10/10/01 Wall Street Alert 800-785-
(continued) (9:31 p.m.) 6698
Lori Frayne (Hasty Air 9/13/01 Wireless Connections 800-822-
Freight, Inc.) 9033
10/2/01 DSC Inc. (Digital Systems Concepts, 800-766-
Inc.) 0816
10/3/01 Wall Street Alert 800-785-
6698
4 10/5/01 Wireless Telecom 800-822-
9033
Allan Howard Frey 11/28/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
11/29/01 Central Imaging Supply 800-457-
5410
12/12/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
1/4/02 Holiday Management Group 800-457-
5410
1/10/02 Advanced Communications 800-785-
6698
2/9/02 Y2 Marketing 800-766-
0816
2/11/02 Vacation Warehouse 800-663-
8758
2/14/02 Stock Traders Alert 800-785-
8505
2/15/02 Vacation Showroom (``Corporate Travel 800-822-
Division'') 9033
2/17/02 Y2 Marketing 800-766-
0816
2/20/02 DreamQuest International Travel 800-766-
0816
2/22/02 Vacation Getaway Travel, Inc. 800-457-
5410
2/27/02 Advanced Communications 800-785-
6698
3/4/02 Futuredreams 800-822-
9033
3/4/02 Bridge 21/American Financial Services 800-976-
3834
3/6/02 Vacation Center 800-822-
9033
3/11/02 Vacation Getaway Travel, Inc. 800-822-
9033
3/20/02 Vacation Getaway Travel, Inc. 800-457-
5410
3/26/02 Vacation Center 800-822-
9033
3/28/02 Cell Direct 800-766-
0816
21 4/3/02 Greater Orlando Vacation 800-822-
9033
Richard V. N. Ginn 3/6/02 Y2 Marketing 800-663-
8758
2 3/15/02 Vacation Center 800-822-
9033
Charles L. Gomes 1 10/12/01 Y2 Marketing 800-822-
9033
Dora Wong Goto 9/25/01 Tallclocks, Inc. 800-822-
9033
2 9/28/01 Advanced Communications 800-785-
6698
Steven M. Greenberg 1 12/7/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
Bathsheba L. Grossman 1/30/02 Vacation Getaway Travel, Inc. 800-822-
(Protoshape) 9033
2/6/02 Elite Communications 800-766-
0816
3 2/7/02 Global Key Holiday International 800-443-
a.k.a.Fantasy Marketing and 7628
Research
Andrew Hansis 10/4/01 Call Center Network 800-822-
9033
2 10/5/01 Elite Communications 800-822-
9033
Heather Ann Hartnett 10/5/01 Central Imaging Supply 800-457-
5410
10/9/01 Rosenbaum Chiropractic and Carpal 800-965-
Tunnel Clinic 7235
10/29/01 Strategic Stock Intelligence, Inc. 800-443-
7628
11/1/01 South Cooper Auto Mart 800-443-
7628
11/1/01 Advanced Communications 800-785-
6698
11/2/01 Infinity Communications 800-822-
9033
11/6/01 Strategic Stock Intelligence, Inc. 800-443-
7628
11/6/01 Rosenbaum Chiropractic and Carpal 800-965-
Tunnel Clinic 7235
11/20/01 Strategic Stock Intelligence, Inc. 800-443-
7628
11/28/01 Quality Auto Mart 800-443-
7628
11/30/01 South Cooper Auto Mart 800-443-
7628
12/3/01 Advanced Communications 800-785-
6698
12/4/01 Union Trust Mortgage 800-766-
0816
12/5/01 Holiday Management Group 800-457-
5410
12/12/01 Infinity Communications 800-822-
9033
12/12/01 Rosenbaum Chiropractic and Carpal 800-965-
Tunnel Clinic 7235
12/13/01 South Cooper Auto Mart 800-822-
9033
12/17/01 Cell Direct 800-965-
7235
12/19/01 South Cooper Auto Mart 800-822-
9033
12/21/01 Holiday Management Group 800-457-
5410
Heather Ann Hartnett 12/31/01 Fax.com 800-443-
(continued) 7628
1/8/02 Advanced Communications 800-785-
6698
1/16/02 American Marble Liquidators 800-822-
9033
1/17/02 Vacation Getaway Travel, Inc. 800-457-
5410
1/28/02 Vacation Center 800-822-
9033
2/6/02 Holiday Management Group 800-457-
5410
2/7/02 Vacation Center 800-822-
9033
2/11/02 Advanced Communications 800-785-
6698
2/18/02 Holiday Management Group 800-457-
5410
30 2/19/02 Carpal Tunnel Injury Center 800-766-
0816
Norman B. Jensen, III 10/2/01 Orlando Promotions, Inc. 800-443-
7628
12/12/01 Office Warehouse 800-822-
9033
3 1/31/02 DreamQuest Travel 800-766-
0816
Suzie Johnson 11/5/01 Advanced Communications 800-785-
6698
11/9/01 Stockscape Network Group (Small Cap 800-443-
Central) 7628
11/19/01 Infinity Communications 800-822-
9033
12/3/01 Advanced Communications 800-785-
6698
12/11/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
12/11/01 Cell Direct 800-965-
7235
12/19/01 Vacation Getaway Travel, Inc. 800-822-
9033
1/4/02 Advanced Communications 800-785-
6698
1/7/02 Cell Direct 800-965-
7235
1/10/02 Infinity Communications 800-822-
9033
11 1/16/02 Vacation Getaway Travel, Inc. 800-822-
9033
John Koltun (Geographic 12/14/01 Bagoba 800-443-
Resources 7620
Solutions
1/10/01 Accounting Solutions 800-822-
9033
3 1/15/01 Vacation Getaway Travel, Inc. 800-457-
5410
Nathaniel Kramer 1 5/2/02 Advanced Communications 800-785-
6698
Anne McCarten-Gibbs (Words 12/6/01 Call Center Network 800-822-
That 9033
Work)
12/7/01 Central Imaging Supply 800-457-
5410
12/7/01 Y2 Marketing 800-822-
9033
12/14/01 Veb Tickets 800-822-
9033
12/20/01 Call Center Network 800-822-
9033
12/20/01 Vacation Getaway Travel, Inc. 800-822-
9033
7 12/27/01 Call Center Network 800-822-
9033
Douglas M. McKenna - 9/17/01 Burt Custom Finance 800-443-
residential line 7628
9/20/01 Central Imaging Supply 800-457-
5410
10/15/01 Burt Custom Finance 800-443-
7628
10/16/01 Vacation Getaway Travel, Inc. 800-822-
9033
10/17/01 Advanced Communications 800-785-
6698
10/24/01 Investor's Business Report 800-785-
6698
10/30/01 Moneyline Report 800-364-
0216
11/5/01 Burt Custom Finance 800-443-
7628
11/6/01 Vacation Getaway Travel, Inc. 800-822-
9033
11/14/01 Infinity Communications 800-822-
9033
11/14/01 Y2 Marketing 800-822-
9033
11/19/01 Choice Wireless 800-822-
9033
11/21/01 Central Imaging Supply 800-457-
5410
11/28/01 Central Imaging Supply 800-457-
5410
11/29/01 Advanced Communications 800-785-
6698
12/2/01 Y2 Marketing 800-822-
9033
12/4/01 Strategic Stock Intelligence, Inc. 800-331-
4510
12/7/01 Vacation Getaway Travel, Inc. 800-822-
9033
12/26/01 Holiday Management Group 800-457-
5410
1/2/02 Advanced Communications 800-785-
6698
1/17/02 eStock Pick of The Week 800-331-
4510
Douglas M. McKenna - 2/13/02 eStock Pick of The Week 800-331-
residential line 4510
(continued) 2/17/02 Y2 Marketing 800-822-
9033
2/20/02 Vacation Getaway Travel, Inc. 800-457-
5410
2/27/02 New Century Mortgage Corporation 800-443-
7628
2/28/02 Stockscape Network Group (Small Cap 800-364-
Central) 0216
2/28/02 Travel To Go 800-822-
9033
28 3/6/02 Burt Custom Finance 800-822-
9033
Douglas M. McKenna 9/4/01 Vacation Getaway Travel, Inc. 800-443-
(President, 7628
Mathemaesthetics,
Inc.) - business line
9/7/01 MBA Financial Group 800-443-
7628
9/10/01 Central Imaging Supply 800-457-
5410
9/13/01 Advanced Communications 800-785-
6698
9/24/01 Rocky Mountain Financial 800-443-
5716
9/28/01 Burt Custom Finance 800-443-
7628
10/8/01 Central Imaging Supply 800-457-
5410
10/17/01 Vacation Getaway Travel, Inc. 800-822-
9033
10/22/01 Advanced Communications 800-785-
6698
10/25/01 Market Wizard Alerts 800-331-
3622
10/29/01 Burt Custom Finance 800-443-
7628
10/29/01 Central Imaging Supply 800-457-
5410
11/5/01 Vacation Getaway Travel, Inc. 800-822-
9033
11/7/01 Wall Street Reporter 800-364-
0216
11/7/01 Investor's Business Report 800-785-
6698
11/13/01 Kit Stuff Wireless/Keep In Touch 800-822-
Stuff 9033
11/14/01 Choice Wireless 800-822-
9033
11/14/01 Y2 Marketing 800-822-
9033
11/15/01 Infinity Communications 800-822-
9033
11/16/01 Wall Street Outlook 800-443-
7628
11/20/01 Stockscape Network Group (Small Cap 800-443-
Central) 7628
Douglas M. McKenna - 11/26/01 Media Broadcast Solutions (Wall 800-443-
business line Street Examiner) 7628
(continued) 11/27/01 Strategic Stock Intelligence, Inc. 800-443-
7628
11/28/01 Advanced Communications 800-785-
6698
11/29/01 Market Advisors 800-331-
4510
12/2/01 Y2 Marketing 800-822-
9033
12/4/01 Wall Street Reporter 800-364-
0216
12/5/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
12/7/01 Bullish Report 800-331-
4510
12/10/01 Bullish Report 800-331-
4510
12/11/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
12/18/01 DMGI, Inc. (NAVADA) 800-443-
7620
12/20/01 Advanced Communications 800-785-
6698
1/15/02 Stock Traders Alert 800-785-
8505
1/15/02 Holiday Management Group 800-457-
5410
1/16/02 Equity Market Watch 800-766-
0816
1/22/02 Equity Market Watch 800-822-
9033
1/23/02 A2Z Financial 800-965-
7235
1/23/02 Equity Market Watch 800-766-
0816
1/28/02 IDC Solutions (Independent Dish 800-822-
Contractors Solutions) 9033
2/5/02 Wall Street Equity Report 800-331-
4510
2/5/02 Central Imaging Supply 800-976-
3734
2/7/02 Equity Market Watch 800-976-
3734
2/8/02 Equity Market Watch 800-766-
0816
2/13/02 eStock Pick of The Week 800-331-
4510
2/16/02 Y2 Marketing 800-822-
9033
2/22/02 Financial Freedom Report 800-331-
4510
2/27/02 New Century Mortgage Corporation 800-443-
7628
2/27/02 Bullish Report 800-331-
4510
3/1/02 Travel To Go 800-822-
9033
Douglas M. McKenna - 3/14/02 Vacation Getaway Travel, Inc. 800-457-
business line 5410
(continued) 3/18/02 Premium Ink 800-766-
0816
3/26/02 Advanced Communications 800-785-
6698
3/30/03 Y2 Marketing 800-822-
9033
4/9/02 Travel To Go 800-822-
9033
4/9/02 Tallclocks, Inc. 800-457-
5410
4/9/02 Wall Street OTC 800-331-
4510
4/17/02 Strategic Stock Intelligence, Inc. 800-976-
3734
4/18/02 Toner Zone 800-976-
3734
4/21/02 Wall Street Watch 800-766-
0816
4/22/02 eStock Pick of The Week 800-331-
4510
4/23/02 Wall Street Watch 800-766-
0816
4/29/02 Great West Funding 800-965-
7235
4/29/02 Wall Street Watch 800-766-
0816
4/29/02 Bull Run Report 800-822-
9033
4/30/02 Wall Street Watch 800-766-
0816
67 5/1/02 DSC Inc. (Digital Systems Concepts, 800-822-
Inc.) 9033
Robert R. McMeekin, M.D. 10/2/01 Advanced Communications 800-785-
6698
10/31/01 Central Imaging Supply 800-457-
5410
12/31/01 Cell Direct 800-766-
0816
1/3/02 Holiday Management Group 800-457-
5410
1/11/02 Advanced Communications 800-785-
6698
1/16/02 Vacation Center 800-822-
9033
1/30/02 Axin Corporation 800-822-
9033
2/4/02 Central Imaging Supply 800-976-
3734
9 4/3/02 Tallclocks, Inc. 800-457-
5410
Karl Narveson 1 1/15/02 Tallclocks, Inc. 800-457-
5410
Nancy North 9/26/01 Satellite Country 800-443-
7628
9/28/01 Central Imaging Supply 800-457-
5410
Nancy North (continued) 3 10/2/01 Dr. Roger Arredondo 800-443-
7628
Elena C. Rau 1 11/1/01 American Cellular Inc. 800-822-
9033
Cheryl S. Sandor (K.C. 1 11/15/01 Central Imaging Supply 800-457-
Enterprises 5410
of Vero Beach d.b.a.
Vero Glass
And Mirror)
David Schoeller 10/18/01 Infinity Communications 800-822-
(Independent Medical 9033
Evaluations, Inc.)
10/25/01 Infinity Communications 800-822-
9033
11/27/01 Cell Direct 800-766-
0816
1/7/02 Cell Direct 800-766-
0816
1/10/02 Advanced Communications 800-785-
6698
6 1/20/02 Cell Direct 800-766-
0816
Vernon Schryver (Rhyolite 9/5/01 Vacation Getaway Travel, Inc. 800-443-
Software) 7628
9/6/01 Burt Custom Finance 800-443-
7628
10/15/01 Vacation Getaway Travel, Inc. 800-822-
9033
10/24/01 Investor's Business Report 800-785-
6698
10/31/01 Burt Custom Finance 800-443-
7628
11/6/01 Vacation Getaway Travel, Inc. 800-822-
9033
1/15/02 4 B's Ventures, Inc. 800-443-
7628
1/17/02 eStock Pick of The Week 800-331-
4510
1/23/02 Clarion Mortgage 800-965-
7235
1/28/02 IDC Solutions (Independent Dish 800-822-
Contractors Solutions) 9033
1/29/02 IDC Solutions (Independent Dish 800-822-
Contractors Solutions) 9033
1/30/02 Advanced Communications 800-785-
6698
2/1/02 Equity Market Watch 800-766-
0816
2/6/02 Jerve Dominguez d.b.a. AAAOpp.com 800-822-
9033
15 2/7/02 Central Imaging Supply 800-766-
0816
Gene Sellards 10/2/01 Orlando Promotions, Inc. 800-443-
7628
10/10/01 Wall Street Alert 800-785-
6698
Gene Sellards (continued) 10/11/01 Wall Street Alert 800-785-
6698
10/15/01 Vacation Getaway Travel, Inc. 800-822-
9033
10/15/01 Advanced Communications 800-785-
6698
10/22/01 Central Imaging Supply 800-457-
5410
11/2/01 Y2 Marketing 800-822-
9033
11/8/01 Strategic Stock Intelligence, Inc. 800-443-
7628
11/9/01 Y2 Marketing 800-822-
9033
10 11/13/01 Central Imaging Supply 800-457-
5410
John C. Steinberger 5/23/02 Advanced Communications 800-785-
6698
2 6/10/02 Vacation Center of Delaware 800-822-
9033
John P. Strang 9/11/01 Lexington Chiropractic Associates 877-276-
1974
10/16/01 Moneyline Report 800-364-
0216
10/17/01 Advanced Communications 800-785-
6698
10/29/01 Wall Street Alert 800-785-
6698
10/29/01 Dr. John Jurcisin 877-276-
1974
11/2/01 Central Imaging Supply 800-457-
5410
11/6/01 Lexington Chiropractic Associates 877-276-
1974
11/8/01 Tallclocks, Inc. 800-822-
9033
11/14/01 Dr. John Jurcisin 877-276-
1974
11/15/01 Vacation Getaway Travel, Inc. 800-822-
9033
11/19/01 Advanced Communications 800-785-
6698
11/27/01 Legacy Quote 800-443-
7628
11/28/01 Lexington Chiropractic Associates 877-276-
1974
11/29/01 Stockscape Network Group (Small Cap 800-443-
(5:14) Central) 7628
11/29/01 Stockscape Network Group (Small Cap 800-443-
(8:39) Central) 7628
12/5/01 Kit Stuff Wireless/Elephant Wireless 800-822-
9033
12/7/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
12/14/01 Advanced Communications 800-785-
6698
12/17/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
John P. Strang (continued) 1/9/02 Lexington Chiropractic Associates 877-276-
1974
1/10/02 Discount Funding Associates, Inc. 800-822-
9033
1/15/02 Media Broadcast Solutions (The Stock 800-766-
Bulletin) 0816
1/15/02 Dr. John Jurcisin 877-276-
1974
1/18/02 Lana Rozenberg, DDS 800-443-
7628
1/29/02 Wall Street Equity Report 800-331-
4510
2/1/02 Vacation Center 800-822-
9033
2/3/02 Y2 Marketing 800-766-
0816
2/7/02 Financial Freedom Report 800-331-
4510
2/11/02 Midtown Medical and Health Offices, 800-766-
P.C. 0816
30 2/12/02 Quote Master USA Ltd. 800-443-
7628
Wayne George Strang 10/1/01 Elite Communications 800-822-
9033
10/5/01 Call Center Network - The Wireless 800-822-
Center 9033
10/16/01 Wall Street Alert 800-785-
6698
10/17/01 Elite Communications 800-822-
9033
10/22/01 Creative Solutions 800-443-
7628
10/23/01 Dishmaster 800-822-
9033
10/23/01 Elite Communications 800-822-
9033
10/24/01 Central Imaging Supply 800-457-
5410
10/25/01 Infinity Communications 800-822-
9033
1/14/02 IDC Solutions (Independent Dish 800-822-
Contractors Solutions) 9033
1/16/02 Tallclocks, Inc. 800-457-
5410
1/19/02 Y2 Marketing 800-822-
9033
1/22/02 Elite Communications 800-976-
3734
1/31/02 Holiday Management Group 800-457-
5410
2/7/02 American Benefit Mortgage, Inc. 800-992-
5329
2/8/02 Elite Communications 800-822-
9033
2/14/02 Central Imaging Supply 800-457-
5410
2/16/02 Y2 Marketing 800-766-
0816
Wayne George Strang 2/19/02 Elite Communications 800-766-
(continued) 0816
2/24/02 Y2 Marketing 800-766-
0816
2/25/02 DreamQuest International Travel 800-766-
0816
3/6/02 Elite Communications 800-766-
0816
3/7/02 Holiday Management Group 800-457-
5410
3/12/02 Holiday Management Group 800-457-
5410
3/15/02 Vacation Center of Delaware 800-822-
9033
3/15/02 American Benefit Mortgage, Inc. 800-992-
5329
3/22/02 (3:51 Elite Communications 800-822-
p.m.) 9033
3/22/02 (5:47 Elite Communications 800-822-
p.m.) 9033
3/22/02 Telecommservices.net (Fine 800-965-
Telecommunications, Inc.) 7235
4/10/02 Vacation Getaway Travel, Inc. 800-457-
5410
4/16/02 Elite Communications 800-822-
9033
4/22/02 Partnership for Education 800-976-
3734
4/24/02 Holiday Management Group 800-457-
5410
4/26/02 1st Capital Lending & Realty 800-766-
0816
4/29/02 Bull Run Report 800-822-
9033
4/29/02 Free Digital Phone Center 800-766-
0816
5/5/02 Stock Pick of the Month Report 800-331-
4510
5/7/02 Vacation Center of Delaware 800-822-
9033
5/9/02 Wall Street Stock Alerts 800-766-
0816
5/9/02 Free Digital Phone Center 800-766-
0816
5/13/02 Mortgage Lending Group 800-822-
9033
5/20/02 Vacation Getaway Travel, Inc. 800-457-
5410
5/21/02 Free Digital Phone Center 800-766-
0816
5/29/02 Wall Street Watch 800-766-
0816
6/7/02 Holiday Management Group 800-457-
5410
6/10/02 Vacation Getaway Travel, Inc. 800-457-
5410
6/17/02 Vacation Getaway Travel, Inc. 800-822-
9033
Wayne George Strang 48 6/19/02 Free Digital Phone Center 800-766-
(continued) 0816
D. Leon Taylor (Dethloff & 10/15/01 Wall Street Alert 800-785-
Associates) 6698
10/16/01 Y2 Marketing 800-822-
9033
3 10/22/01 Moneyline Report 800-364-
0216
Craig C. Truitt (Truitt, 1/7/02 eStock Pick of The Week 800-331-
Brown & Truitt) 4510
1/8/02 Y2 Marketing 800-766-
0816
1/14/02 Media Broadcast Solutions (The Stock 800-766-
Bulletin) 0816
1/16/02 Financial Freedom Report 800-331-
4510
1/18/02 Stock Traders Alert 800-785-
8505
1/22/02 Axin Corporation 800-822-
9033
1/23/02 Equity Market Watch 800-822-
9033
1/25/02 Telecommservices.net (Fine 800-965-
Telecommunications, Inc.) 7235
1/27/02 Y2 Marketing 800-766-
0816
1/28/02 Wall Street Equity Report 800-331-
4510
1/31/02 Equity Market Watch 800-976-
3734
2/2/02 Y2 Marketing 800-766-
0816
2/4/02 Investors Today 800-331-
4510
14 2/6/02 Equity Market Watch 800-766-
0816
Andrew Neill Vollmer 11/14/01 Cell Direct 800-766-
0816
11/28/01 Media Broadcast Solutions (Wall 800-443-
Street Examiner) 7628
12/7/01 Advanced Communications 800-785-
6698
12/17/01 Vacation Getaway Travel, Inc. 800-822-
9033
12/31/01 Cell Direct 800-766-
0816
2/14/02 Vacation Center 800-822-
9033
2/17/02 Y2 Marketing 800-766-
0816
8 2/25/02 Advanced Communications 800-785-
6698
William Robert White 12/11/01 Bagoba 800-443-
(Regency 7620
Sales, Inc.)
12/17/01 Elite Communications 800-822-
9033
William Robert White 12/17/01 Lou Gaudio's Health Club & Day Spa 800-443-
(continued) 7628
12/17/01 South Coast Optometry 800-992-
5329
12/17/01 Call Center Network - The Wireless 800-822-
Center 9033
1/16/02 Free Digital Phone Center 800-976-
3734
1/17/02 Dale Carnegie Training 800-822-
9033
1/17/02 Call Center Network - The Wireless 800-822-
Center 9033
1/30/02 Central Imaging Supply 800-976-
3734
1/31/02 Elite Communications 800-822-
9033
2/5/02 Vacation Getaway Travel, Inc. 800-822-
9033
12 2/12/02 Wall Street Alert 800-785-
6698
Richard M. Zelma 10/29/01 LifeQuotes of America, Inc. 800-443-
7628
10/30/01 Investor's Business Report (The Wall 800-785-
Street Alert) 6698
10/30/01 2 For 1 Inkjet 800-822-
9033
4 10/31/01 Keep in Touch Stuff/Kit Stuff 800-822-
Wireless 9033
489
---------------------------------------------------------------------------
TABLE 2
Fax.com Advertisers and Associated Opt-Out Numbers
(Fax.com, Inc., Notice of Apparent Liability for Forfeiture,
FCC 02-226)
ADVERTISER NUMBER OF FAX.COM
(Bold type denotes advertiser that FAXES OPT-OUT
is not identified by fax text) NUMBER(S)
1st Capital Lending & Realty 1 800-766-
0816
2 For 1 Inkjet 1 800-822-
9033
4 B's Ventures, Inc. 1 800-443-
7628
A2Z Financial 1 800-965-
7235
Absolute Wireless 3 800-443-
7628
800-822-
9033
Accounting Solutions 1 800-822-
9033
Advanced Communications 37 800-785-
6698
Altimate Marketing 2 800-976-
3734
American Benefit Mortgage, Inc. 2 800-992-
5329
American Cellular Inc. 4 800-822-
9033
American Marble Liquidators 1 800-822-
9033
Apollo Transportation 1 800-822-
9033
Axin Corporation 7 800-822-
9033
Bagoba 2 800-443-
7620
Bentley Mortgage 1 900-822-
9033
Bridge 21/American Financial 1 800-976-
Services 3834
Bridge 21/Financial Management 1 800-766-
Solutions 0816
Bull Run Report 2 800-822-
9033
Bullish Report 6 800-331-
4510
Burt Custom Finance 8 800-443-
7628
800-822-
9033
Businesscoach.com 1 800-766-
0816
Call Center Network/The Wireless 9 800-822-
Center 9033
Carpal Tunnel Injury Center 1 800-766-
0816
Cell Direct 17 800-766-
0816
800-822-
9033
800-965-
7235
Central Imaging Supply 27 800-457-
5410
800-766-
0816
800-976-
3734
Choice Wireless 2 800-822-
9033
Clarion Mortgage 1 800-965-
7235
Creative Solutions 1 800-443-
7628
Dale Carnegie Training 1 800-822-
9033
Digital Systems Concepts, Inc. (DSC, 3 800-766-
Inc.) 0816
800-822-
9033
Discount Funding Associates, Inc. 1 800-822-
9033
Dishmaster 1 800-822-
9033
DMGI, Inc. (NAVADA) 1 800-443-
7620
Dr. John Jurcisin 3 877-276-
1974
Dr. Roger Arredondo 4 800-443-
7628
800-822-
9033
DreamQuest Travel/DreamQuest 3 800-766-
International Travel 0816
Elite Communications 16 800-766-
0816
800-822-
9033
800-976-
3734
Equity Market Watch 10 800-766-
0816
800-822-
9033
800-976-
3734
eStock Pick of the Week 8 800-331-
4510
Fax.com 1 800-443-
7628
Financial Freedom Report 3 800-331-
4510
First Chartered Investments 2 800-443-
5716
Florida Reservations 1 877-276-
1974
Free Digital Phone Center 5 800-766-
0816
800-976-
3734
Futuredreams 1 800-822-
9033
Global Key Holiday International 1 800-443-
a.k.a.Fantasy Marketing and 7628
Research
Great West Funding 1 800-965-
7235
Greater Orlando Vacation 1 800-822-
9033
Holiday Management Group 13 800-457-
5410
Holiday Orlando (``Travel News 2 800-457-
Release'') 5410
Independent Dish Contractors 4 800-822-
Solutions (IDC Solutions) 9033
Infinity Communications 9 800-822-
9033
Investor's Business Report 5 800-785-
6698
Investors Today 3 800-331-
4510
Jerve Dominguez d.b.a. AAAOpp.com 1 800-822-
9033
JWP 1 800-822-
9033
Kit Stuff Wireless/Keep In Touch 4 800-822-
Stuff/Elephant Wireless 9033
Lana Rozenberg, DDS 1 800-443-
7628
Legacy Quote 1 800-443-
7628
Lexington Chiropractic Associates 4 877-276-
1974
LifeQuotes of America, Inc. 4 800-443-
7628
800-976-
3734
Lou Gaudio's Health Club & Day Spa 1 800-443-
7628
Market Advisors 1 800-331-
4510
Market Wizard Alerts 1 800-331-
3622
MBA Financial Group 1 800-443-
7628
Media Broadcast Solutions (The Stock
Bulletin/Wall 19 800-766-
Street Examiner) 0816
800-443-
7628
Midtown Medical and Health Offices, 1 800-766-
P.C. 0816
Moneyline Report 9 800-364-
0216
Mortgage Lending Group 1 800-822-
9033
Mortgage Market 1 800-443-
7628
National Communications 1 800-822-
9033
NBM Information 1 800-331-
4510
New Century Mortgage Corporation 2 800-443-
7628
Office Warehouse 7 800-766-
0816
Orlando Promotions, Inc. 2 800-443-
7628
Partnership for Education 2 800-976-
3734
Premium Ink 1 800-766-
0816
Quality Auto Mart 1 800-443-
7628
Quote Master USA Ltd. 1 800-443-
7628
Rocky Mountain Financial 1 800-443-
5716
Rosenbaum Chiropractic and Carpal 3 800-965-
Tunnel Clinic 7235
Satellite Country 2 800-443-
7628
800-766-
0816
South Coast Optometry 1 800-992-
5329
South Cooper Auto Mart 4 800-443-
7628
800-822-
9033
Stock Pick of the Month Report 1 800-331-
4510
Stock Traders Alert 8 800-785-
8505
Stockscape Network Group (Small Cap 6 800-364-
Central) 0216
800-443-
7628
Strategic Stock Intelligence, Inc. 8 800-443-
7628
800-331-
4510
800-976-
3734
Tallclocks, Inc. 8 800-457-
5410
. 800-822-
9033
Telecommservices.net (Fine 4 800-965-
Telecommunications, Inc.) 7235
Ticket Solutions 1 800-822-
9033
Toner Zone 1 800-976-
3734
Tower Group 1 800-457-
5410
Travel To Go 3 800-822-
9033
Union Trust Mortgage 3 800-443-
7628
800-766-
0816
Vacation Center 8 800-822-
9033
Vacation Center of Delaware 3 800-822-
9033
Vacation Getaway Travel, Inc. 34 800-457-
5410
800-822-
9033
800-443-
7628
800-457-
5410
Vacation Showroom (``Corporate 2 800-822-
Travel Division'') 9033
Vacation Warehouse 3 800-443-
7628
800-663-
8758
800-822-
9033
Veb Tickets 1 800-822-
9033
Wall Street Alert 12 800-785-
6698
Wall Street Equity Report 3 800-331-
4510
Wall Street Investment Alert 2 800-331-
4510
800-443-
7628
Wall Street OTC 1 800-331-
4510
Wall Street Outlook 2 800-443-
7628
Wall Street Reporter 2 800-364-
0216
Wall Street Stock Alerts 1 800-766-
0816
Wall Street Watch 5 800-766-
0816
Wireless Center 1 800-822-
9033
Wireless Connections 2 800-822-
9033
Wireless Telecom 1 800-822-
9033
Y2 Marketing 37 800-663-
8758
800-766-
0816
800-822-
9033
489
---------------------------------------------------------------------------
TABLE 3
Fax.com Opt-Out Numbers and Associated Advertisers
(Fax.com, Inc., Notice of Apparent Liability for Forfeiture,
FCC 02-226)
FAX.COM
OPT-OUT ADVERTISER
NUMBER
877-276- Dr. John Jurcisin
1974
Florida Reservations
Lexington Chiropractic Associates
800-331- Market Wizard Alerts
3622
800-331- Bullish Report
4510
eStock Pick of The Week
Financial Freedom Report
Investors Today
Market Advisors
NMB Information
Stock Pick of the Month Report
Strategic Stock Intelligence, Inc.
Wall Street Equity Report
Wall Street Investment Alert
Wall Street OTC
800-364- Moneyline Report
0216
Stockscape Network Group (Small Cap
Central)
Wall Street Reporter
800-443- First Chartered Investments
5716
Rocky Mountain Financial
800-443- Bagoba
7620
DMGI, Inc. (NAVADA)
800-443- 4 B's Ventures, Inc.
7628
Absolute Wireless
Burt Custom Finance
Creative Solutions
Dr. Roger Arredondo
Fax.com
Global Key Holiday International
a.k.a.Fantasy Marketing and
Research
Lana Rozenberg, DDS
Legacy Quote
LifeQuotes of America, Inc.
Lou Gaudio's Health Club & Day Spa
MBA Financial Group
Media Broadcast Solutions (Wall
Street Examiner)
Mortgage Market
800-443- New Century Mortgage Corporation
7628
(contin- Orlando Promotions, Inc.
ued)
Quality Auto Mart
Quote Master USA Ltd.
Satellite Country
South Cooper Auto Mart
Stockscape Network Group (Small Cap
Central)
Strategic Stock Intelligence, Inc.
Union Trust Mortgage
Vacation Getaway Travel, Inc.
Vacation Warehouse
Wall Street Investment Alert
Wall Street Outlook
800-457- Central Imaging Supply
5410
Holiday Management Group
Holiday Orlando (``Travel News
Release'')
Tallclocks, Inc.
Tower Group
Vacation Getaway Travel, Inc.
800-663- Vacation Warehouse
8758
Y2 Marketing
800-766- 1st Capital Lending & Realty
0816
Bridge 21/Financial Management
Solutions
Businesscoach.com
Carpal Tunnel Injury Center
Cell Direct
Central Imaging Supply
Digital Systems Concepts, Inc.
(DSC, Inc.)
DreamQuest International Travel
Elite Communications
Equity Market Watch
Free Digital Phone Center
Media Broadcast Solutions (Wall
Street Examiner)
Midtown Medical and Health Offices,
P.C.
Office Warehouse
Premium Ink
Satellite Country
Union Trust Mortgage
Wall Street Stock Alerts
Wall Street Watch
Y2 Marketing
800-785- Advanced Communications
6698
Investor's Business Report
Wall Street Alert
800-785- Stock Traders Alert
8505
800-822- 2 For 1 Inkjet
9033
Absolute Wireless
Accounting Solutions
American Cellular Inc.
American Marble Liquidators
Apollo Transportation
Axin Corporation
Bentley Mortgage
Burt Custom Finance
Bull Run Report
Call Center Network - The Wireless
Center
Cell Direct
Choice Wireless
Dale Carnegie Training
Digital Systems Concepts, Inc.
(DSC, Inc.)
Discount Funding Associates, Inc.
Dishmaster
Dr. Roger Arredondo
Equity Market Watch
Futuredreams
Greater Orlando Vacation
Independent Dish Contractors
Solutions/IDC Solutions
Infinity Communications
Jerve Domínguez d.b.a. AAAOpp.com
JWP
Kit Stuff Wireless/Keep In Touch
Stuff/Elephant Wireless
Mortgage Lending Group
National Communications
Office Warehouse
South Cooper Auto Mart
Tallclocks, Inc.
Ticket Solutions
Travel To Go
Vacation Center
Vacation Center of Delaware
Vacation Getaway Travel, Inc.
Vacation Showroom
Vacation Warehouse
Veb Tickets
Wireless Center
Wireless Connections
Wireless Telecom
800-822- Y2 Marketing
9033
(contin-
ued)
800-965- A2Z Financial
7235
Cell Direct
Clarion Mortgage
Great West Funding
Rosenbaum Chiropractic and Carpal
Tunnel Clinic
Telecommservices.net (Fine
Telecommunications, Inc.)
800-976- Altimate Marketing
3734
Bridge 21/American Financial
Services
Central Imaging Supply
Elite Communications
Equity Market Watch
Free Digital Phone Center
LifeQuotes of America
Partnership for Education
Strategic Stock Intelligence, Inc.
Toner Zone
800-992- American Benefit Mortgage, Inc.
5329
South Coast Optometry
877-276- Dr. John Jurcisin
1974
Florida Reservations
Lexington Chiropractic Associates