Federal Communications Commission DA 18-1291 consider both the conduct that led to this Citation and the conduct following it.5 II. BACKGROUND 3. The DNC is a list that the government maintains of people who have elected to not receive telephone solicitations.6 It is illegal for persons or entities, including advertisers and marketers, to make marketing calls to telephone numbers listed on the DNC. This prohibition includes both voice calls and text messages.7 The Commission has held that the prohibitions in the TCPA and the Rules encompass  both voice calls and text calls to wireless numbers including, for example, short message service (SMS) calls . . . . 8 Text messaging has become a routine form of communication. According to one report, American consumers sent 1.66 trillion SMS messages in 2016.9 Unscrupulous marketers, fraudsters, and other nefarious actors inundate consumers with unwanted text messages to perpetuate schemes, in violation of the TCPA, and often causing great harm.10 4. The evidence indicates that Hernandez has flooded consumers with text messages that advertise get-rich-quick schemes. As explained in greater detail below, in October 2016 alone, Hernandez sent telemarketing text messages to wireless phones of consumers, many of whom had listed their numbers on the DNC. 11 Hernandez s robotexting campaigns violate the Communications Act and the Rules.12 A. Hernandez s Text Messaging Business 5. Mr. Hernandez is the founder and CEO of Click Cash Marketing, LLC,13 and describes himself as a  Direct Response Marketer and Successful Entrepreneur with over 8 Years Experience (Continued from previous page) Neither Click Cash Marketing, LLC nor Rock Solid Traffic are legal entities; therefore, we treat both as mere business names of Mr. Hernandez and hold each jointly and several liable with Mr. Hernandez. See infra para. 13. 5 See S. Rep. No. 95-580, 95th Cong., 1st Sess. at 9 (1977) (explaining that a person or entity that has been issued a citation by the Commission that thereafter engages in the conduct for which the citation was issued, the subsequent notice of apparent liability  would attach not only for the conduct occurring subsequently but also for the conduct for which the citation was originally sent ) (emphasis added); see also 47 U.S.C. § 503(b)(2)(D) ( In determining the amount of such a forfeiture penalty, the Commission or its designee shall take into account the nature, circumstances, extent, and gravity of the violation and, whit respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. ). 6 See 47 CFR § 64.1200(c)(2). 7 See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278, Declaratory Ruling and Order, 30 FCC Rcd 7961, 8020, para. 120 (2015) (2015 TCPA Order); Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278, Report and Order, 18 FCC Rcd 14014, 14115, para. 165 (2003) (2003 TCPA Order). 8 2003 TCPA Order, 18 FCC Rcd at 14115, para. 165. The Commission affirmed this on multiple subsequent occasions. See Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, 19 FCC Rcd 15927, 15931, 15934, paras. 8, 17 (2004); 2015 TCPA Order, 30 FCC Rcd at 8016-17, para. 107. 9 CTIA, Annual Wireless Industry Survey, https://www.ctia.org/industry-data/ctia-annual-wireless-industry-survey (last visited Nov. 27, 2017). This does not include the 277.9 billion multimedia messaging service (MMS) messages sent during the same time period. Id. Whereas SMS is text only and limited to 160 characters, MMS enables the user to send a variety of media, such as pictures and videos, as messages. 10 This type of text-based marketing is sometimes called  text spam or  robotexting. 11 The issuance of this Citation is timely because the Act only provides a statute of limitations for forfeitures. See 47 U.S.C. § 503(b)(6)(B). 12 47 U.S.C. § 227(c); 47 CFR § 64.1200(c)(2). 13 Click Cash Marketing, About, http://clickcashmarketing.com/about-us/ (last visited Aug. 3, 2018). 2