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 NEWS  News  Media  Information  202  /  418-  0500  TTY  202  /  418-  2555  Fax-  On-  Demand  202  /  418-  2830  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974).  FOR  IMMEDIATE  RELEASE 
 August  7,  2002 
 NEWS  MEDIA  CONTACT:  John  Winston,  (202)  418-  7450 


 jwinston@  fcc.  gov 


 FCC  PROPOSES  $5,379,000  FINE  AGAINST  FAX.  COM,  INC.  FOR  VIOLATING  “JUNK  FAX”  PROHIBITION 


 Washington,  D.  C.  –  Today  the  Federal  Communications  Commission  (FCC)  proposed  to  fine  Fax.  com,  Inc.  $5,379,000  for  sending  unsolicited  advertisements,  commonly 
 known  as  “junk  faxes,”  in  violation  of  the  Telephone  Consumer  Protection  Act  (TCPA)  and  Commission  rules.  Today’s  action  represents  the  largest  fine  ever  proposed  by  the 
 Commission  for  violations  of  the  TCPA  and  marks  the  first  forfeiture  action  by  the  FCC  against  a  fax  broadcaster. 


 The  Commission  determined  that  Fax.  com,  which  operates  as  a  “Fax  Broadcaster”  faxing  messages  on  behalf  of  others  for  a  fee,  apparently  violated  the  TCPA  and  the 
 Commission’s  rules  on  489  separate  occasions.  Moreover,  the  Commission  found  that  Fax.  com  appears  to  have  engaged  in  a  pattern  of  deception  to  conceal  its  involvement 
 in  sending  the  prohibited  faxes,  and  that  the  company  has  not  been  forthcoming  in  its  dealings  with  the  agency. 


 In  view  of  the  “pervasive  and  egregious  pattern  of  deception”  underlying  the  apparent  violations  and  the  gravity  of  Fax.  com’s  conduct,  the  Commission  concluded  that  Fax.  com 
 is  apparently  liable  for  the  maximum  fine  of  $11,000  for  each  of  the  489  fax  violations,  for  a  total  proposed  fine  of  $5,379,000. 


 In  related  actions,  the  Commission  staff  is  issuing  over  100  citations  and  letters  of  inquiry  to  businesses  that  used  Fax.  com  to  send  their  advertisements  to  telephone 
 facsimile  machines.  The  citations  warn  the  businesses  that  they  may  face  fines  of  up  to  $11,000  per  violation  if  they  continue  to  send  unsolicited  fax  advertisements. 


 Action  by  the  Commission  on  August  2,  2002  by  Notice  of  Apparent  Liability,  (FCC  02-  226).  Chairman  Powell;  Commissioners  Abernathy  (issuing  a  separate 
 statement),  Copps  and  Martin. 
 File  No.  EB-  02-  TC-  120 
 Enforcement  Bureau  contacts:  John  Winston  at  (202)  418-  7450,  and  Colleen  Heitkamp  at  (202)  418-  7320. 
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