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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
June 29, 2005
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND FACSIMILE
Joe Zeidner
General Counsel
1-800 Contacts
66 East Wadsworth Park Drive
3d Floor
Draper, Utah, 84020.
801-858-2113(fax)
RE: EB-05-TC-030
Dear Mr. Zeidner:
This is an official CITATION, issued pursuant to section
503(b)(5) of the Communications Act of 1934, as amended (the Act),
47 U.S.C. § 503(b)(5), for violations of the Act and the Federal
Communications Commission's rules that govern, among other things,
the use of automatic telephone dialing systems.1 As explained
below, future violations of the Act or Commission's rules in this
regard may subject your company to monetary forfeitures.
It has come to our attention that your company has used an
automatic telephone dialing system to simultaneously engage more
than one line of a multi?line business in violation of the Act and
Commission rules. In particular, section 227(b)(1)(D) of the Act
and section 64.1200(a)(4) of the Commission's rules prohibit any
person within the United States, or any person outside the United
States if the recipient is within the United States to ``use an
automatic telephone dialing system in such a way that two or more
telephone lines of a multi-line business are engaged
simultaneously.''2
The attached information indicates that your company used an
automatic telephone dialing system to deliver prerecorded messages
that simultaneously engaged more than one telephone line in
several multi?line business offices.3 As explained above, this
action violates section 227(b)(1)(D) of the Act and section
64.1200(a)(4) of the Commission's rules.
If, after receipt of this citation, you violate the
Communications Act or the Commission's rules in any manner
described herein, the Commission may impose monetary forfeitures
not to exceed $11,000 for each such violation or each day of a
continuing violation. 4
You may respond to this citation within 30 days from the date
of this letter either through (1) a personal interview at the
Commission's Field Office nearest to your place of business, or
(2) a written statement. Your response should specify the actions
that you are taking to ensure that you do not violate the
Commission's rules governing the use of automatic telephone
dialing systems to contact multi?line businesses, as described
above.
The nearest Commission field office appears to be the Denver
Office in Lakewood, Colorado 80226-1544. Please contact Al
McCloud at (202) 418-2499 if you wish to schedule a personal
interview. You should schedule any interview to take place within
30 days of the date of this letter. You should send any written
statement within 30 days of the date of this letter to:
Kurt A. Schroeder
Deputy Chief
Telecommunications
Consumers Division
Enforcement Bureau
Federal Communications Commission
445-12th Street, S.W.
Rm. 4-C222
Washington, D.C. 20554
Reference EB-05-TC-030 when corresponding with the Commission.
Reasonable accommodations for people with disabilities are
available upon request. Include a description of the
accommodation you will need including as much detail as you can.
Also include a way we can contact you if we need more information.
Please allow at least 5 days advance notice; last minute requests
will be accepted, but may be impossible to fill. Send an e-mail
to fcc504@fcc.gov or call the Consumer & Governmental Affairs
Bureau:
For sign language interpreters, CART, and other
reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
For accessible format materials (braille, large print,
electronic files, and audio
format): 202-418-0531 (voice), 202-418-7365 (tty).
Under the Privacy Act of 1974, 5 U.S.C. § 552(a)(e)(3), we
are informing you that the Commission's staff will use all
relevant material information before it, including information
that you disclose in your interview or written statement, to
determine what, if any, enforcement action is required to ensure
your compliance with the Communications Act and the Commission's
rules.
The knowing and willful making of any false statement, or the
concealment of any material fact, in reply to this citation is
punishable by fine or imprisonment under 18 U.S.C.
§ 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kurt A. Schroeder
Deputy Chief, Telecommunications
Consumers Division
Enforcement Bureau
Federal Communications Commission
Enclosures
_________________________
1 47 U.S.C. § 227; 47 C.F.R. § 64.1200. A copy of these
provisions is enclosed for your convenience. Section 227 was
added to the Communications Act by the Telephone Consumer
Protection Act of 1991 and is most commonly known as the TCPA.
The TCPA and the Commission's parallel rules restrict a variety of
practices, including the use of automatic telephone dialing
systems to contact, for example, emergency telephone lines,
hospital patient rooms, and multi?line businesses.
2 47 U.S.C. § 227(b)(1)(D); 47 C.F.R. § 64.1200(a)(4).
3 Although one complainant lists ``contacts.com'' as the company
involved, Commission staff was redirected to your company's
website upon entering the internet address ``contacts.com.'' See
Complaint filed by R. Eaves, November 29, 2004.
4 See 47 C.F.R. § 1.80(b)(3).