Federal Communications Commission FCC 08-269 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of America’s Toner Apparent Liability for Forfeiture ) ) ) ) ) ) ) File No. EB-06-TC-131 NAL/Acct. No. 200932170008 FRN: 0017433186 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: December 9, 2008 Released: December 11, 2008 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (“NAL”)1, we find that America’s Toner2 apparently willfully or repeatedly violated section 227 of the Communications Act of 1934, as amended (“Act”), and the Commission’s related rules and orders, by delivering at least 219 unsolicited advertisements to the telephone facsimile machines of at least 188 consumers.3 Based on the facts and circumstances surrounding these apparent violations, we find that America’s Toner is apparently liable for a forfeiture in the amount of $1,040,500. 1 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 ....” See also 47 U.S.C. § 503(b)(5) (stating that the Commission has the authority under this section of the Act to assess a forfeiture penalty against any person who does not hold a license, permit, certificate or other authorization issued by the Commission or an applicant for any of those listed instrumentalities so long as such person (A) 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). 2 According to publicly available information, America’s Toner is also doing business as American Toner and Fiducia, Inc. Therefore, all references in this NAL to “America’s Toner” encompass America’s Toner as well as American Toner and Fiducia, Inc. America’s Toner has offices at 96 Westmoreland Ave., Suite 13, Addison, IL 60101; 87 Eisenhower Ln S, Lombard, IL 60148-5409; 603 Country Club Drive, Bensenville, IL 60106; and 9919 E. 47th Place, Tulsa, OK 74146-4731. John David is listed as the contact person for America’s Toner. Accordingly, all references in this NAL to “America’s Toner” also encompass the foregoing individual and all other principals and officers of this entity, as well as the corporate entity itself. 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 and Third Order on Reconsideration, 21 FCC Rcd 3787 (2006). Federal Communications Commission FCC 08-269 2 II. BACKGROUND 2. Section 227(b)(1)(C) of the Act makes it “unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States . . . to use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement.”4 The term “unsolicited advertisement” is defined in the Act and the Commission’s rules 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 in writing or otherwise.”5 Under the Commission’s rules, an “established business relationship”6 exception permits a party to deliver a message to a consumer if the sender has an established business relationship with the recipient and the sender obtained the number of the facsimile machine through the voluntary communication by the recipient, directly to the sender, within the context of the established business relationship, or through a directory, advertisement, or a site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution.7 3. On July 21, 2006, in response to one or more consumer complaints alleging that America’s Toner had faxed unsolicited advertisements, the Bureau issued a citation8 to America’s Toner, pursuant to section 503(b)(5) of the Act.9 The Bureau cited America’s Toner for using a telephone facsimile machine, computer, or other device, to send unsolicited advertisements for toner and ink cartridges to a telephone facsimile machine, in violation of section 227 of the Act and the Commission’s related rules and orders. The citation warned America’s Toner that subsequent violations could result in the imposition of monetary forfeitures of up to $11,000 per violation, and included a copy of the consumer complaints that formed the basis of the citation.10 The citation informed America’s Toner that within 30 days of the date of the citation, it could either request an interview with Commission staff, or could provide a written statement responding to the citation. America’s Toner responded to the citation.11 Although not requesting an interview, America’s Toner stated that “[a]ny faxes that were received by consumers other than Americas Toner customer [sic] were transmitted in error.” 4 47 U.S.C. § 227(b)(1)(C); 47 C.F.R. § 64.1200(a)(3). 5 47 U.S.C. § 227(a)(4); 47 C.F.R. § 64.1200(f)(13). 6 An “established business relationship” is defined as a prior or existing relationship formed by a voluntary two-way communication “with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the business or residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party.” 47 C.F.R. § 64.1200(f)(5). See also 47 U.S.C. § 227(a)(2). 7 See 47 U.S.C. § 227(b)(1)(C); 47 C.F.R. § 64.1200(a)(3)(i), (ii). 8 Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications Consumers Division, Enforcement Bureau, File No.EB-06-TC-131, issued to America’s Toner on July 21, 2006. 9 See 47 U.S.C. § 503(b)(5) (authorizing the Commission to issue citations to persons who do not hold a license, permit, certificate or other authorization issued by the Commission or an applicant for any of those listed instrumentalities for violations of the Act or of the Commission’s rules and orders). 10 Commission staff mailed the citation to these addresses: America’s Toner aka American Toner aka Fiducia, Inc., Attn: John David, 96 Westmoreland Ave., Suite 13, Addison, IL 60601; America’s Toner aka American Toner aka Fiducia, Inc., Attn: John David, 87 Eisenhower Ln S, Lombard IL 60148-5409; and America’s Toner aka American Toner aka Fiducia, Inc., Attn: John David, 603 Country Club Drive, Bensenville, IL 60106. See n.2, supra. 11 Letter from John David, America’s Toner, to Kurt A. Schroeder, Deputy Chief, Telecommunications Consumers Division, Enforcement Bureau, dated Aug. 18, 2006. Federal Communications Commission FCC 08-269 3 4. Despite the citation’s warning that subsequent violations could result in the imposition of monetary forfeitures, we have received additional consumer complaints indicating that America’s Toner continued to engage in such conduct after issuance of the citation.12 We base our action here specifically on complaints filed by 188 consumers establishing that America’s Toner continued to send 219 unsolicited advertisements to telephone facsimile machines after the date of the citation.13 5. Section 503(b) of the Act authorizes the Commission to assess a forfeiture 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. The maximum penalty for such a violation is $11,000 for a violation occurring before September 2, 2008, and $16,000 for a violation occurring on or after September 2, 2008.14 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.”15 III. DISCUSSION A. Violations of the Commission’s Rules Restricting Unsolicited Facsimile Advertisements 6. We find that America’s Toner apparently violated section 227 of the Act and the Commission’s related rules and orders by using a telephone facsimile machine, computer, or other device to send at least 219 unsolicited advertisements to the 188 consumers identified in the Appendix. This 12 See Appendix for a listing of the consumer complaints against America’s Toner requesting Commission action. 13 Following the issuance of this citation, the Commission continued to receive complaints from multiple consumers alleging that America’s Toner faxed unsolicited advertisements to them. These complaints, received after the Commission’s citation, resulted in the issuance of three Notices of Apparent Liability for Forfeiture against America’s Toner: America’s Toner, Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 5415 (2008) (proposed forfeiture in the amount of $63,000); America’s Toner, Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 9151 (EB 2008) (proposed forfeiture in the amount of $18,000); and America’s Toner, Notice of Apparent Liability for Forfeiture, FCC 08-199, released August 28, 2008 (proposed forfeiture in the amount of $63,000). America’s Toner filed replies to each of these NALs. See Letter from John David, America’s Toner, to Office of Secretary, dated Apr. 12, 2008; Letter from John David, America’s Toner, to Kris Anne Monteith, Chief, Enforcement Bureau, dated June 20, 2008; and Letter from John David, America’s Toner, to Office of Secretary, dated Sept. 25, 2008. See also Letter from John David, America’s Toner, to Enforcement Bureau, Telecommunications Consumer Division, dated July 2, 2008. We note that evidence of additional instances of unlawful conduct by America’s Toner may form the basis of subsequent enforcement action. 14 Section 503(b)(2)(C) provides for forfeitures up to $10,000 for each violation in 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) first to $11,000 and more recently to $16,000. 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) (forfeiture maximum for this type of violator set at $11,000); Amendment of Section 1.80(b) of the Commission’s Rules and Adjustment of Forfeiture Maxima to Reflect Inflation, 19 FCC Rcd 10945 (2004) (amendment of section 1.80(b) to reflect inflation left the forfeiture maximum for this type of violator at $11,000); Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Forfeiture Maxima to Reflect Inflation, 23 FCC Rcd 9845 (2008) (amendment of section 1.80(b) to reflect inflation increased the forfeiture maximum for this type of violator to $16,000). 15 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, 17100-01 para. 27 (1997) (Forfeiture Policy Statement), recon. denied, 15 FCC Rcd 303 (1999). Federal Communications Commission FCC 08-269 4 NAL is based on evidence that 188 consumers received unsolicited fax advertisements from America’s Toner after the Bureau’s citation. The facsimile transmissions advertise toner cartridges. Further, according to the complaints, the consumers neither had an established business relationship with America’s Toner nor gave America’s Toner permission to send the facsimile transmissions.16 The faxes at issue here therefore fall within the definition of an “unsolicited advertisement.”17 Based on the entire record, including the consumer complaints, we conclude that America’s Toner apparently violated section 227 of the Act and the Commission’s related rules and orders by sending 219 unsolicited advertisements to 188 consumers’ facsimile machines. B. Proposed Forfeiture 7. We find that America’s Toner is apparently liable for a forfeiture in the amount of $1,040,500. Although the Commission’s Forfeiture Policy Statement does not establish a base forfeiture amount for violating the prohibition against using a telephone facsimile machine to send unsolicited advertisements, the Commission has previously considered $4,500 per unsolicited fax advertisement to be an appropriate base amount.18 We apply that base amount to each of 209 of the apparent violations. In addition, where the consumer requests the company to stop sending facsimile messages, and the company continues to send them, the Commission has previously considered $10,000 per unsolicited fax advertisement the appropriate forfeiture for such egregious violations.19 Here, eight consumers specifically requested that America’s Toner cease sending facsimiles. Notwithstanding these requests, an additional ten facsimiles were sent to these consumers. Thus, we apply the $10,000 amount to each of ten of these apparent violations. Thus, a total forfeiture of $1,040,500 is proposed. America’s Toner will 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.20 IV. CONCLUSION AND ORDERING CLAUSES 8. We have determined that America’s Toner apparently violated section 227 of the Act and the Commission’s related rules and orders by using a telephone facsimile machine, computer, or other device to send at least 219 unsolicited advertisements to the 188 consumers identified in the Appendix. We have further determined that America’s Toner is apparently liable for a forfeiture in the amount of $1,040,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, that America’s Toner is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $1,040,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), section 16 See, e.g., complaint dated December 20, 2007, from Trevor Marvin (stating that he has never done any business with the fax advertiser, never made an inquiry or application to the fax advertiser, never gave permission for the company to send the fax, and requested the company not to fax an advertisement). The complainants involved in this action are listed in the Appendix.. 17 See 47 U.S.C. § 227(a)(4); 47 C.F.R. § 64.1200(f)(13) (definition previously at § 64.1200(f)(10)). 18 See Get-Aways, Inc., Notice of Apparent Liability For Forfeiture, 15 FCC Rcd 1805 (1999); Get-Aways, Inc., Forfeiture Order, 15 FCC Rcd 4843 (2000); see also US Notary, Inc., Notice of Apparent Liability for Forfeiture, 15 Rcd 16999 (2000); US Notary, Inc., Forfeiture Order, 16 FCC Rcd 18398 (2001); Tri-Star Marketing, Inc., Notice of Apparent Liability For Forfeiture, 15 FCC Rcd 11295 (2000); Tri-Star Marketing, Inc., Forfeiture Order, 15 FCC Rcd 23198 (2000). 19 See Carolina Liquidators, Inc., Notice of Apparent Liability for Forfeiture, 15 FCC 16837, 16842 (2000); 21st Century Fax(es) Ltd., AKA 20th Century Fax(es), 15 FCC Rcd 24406, 24411 (2000). 20 See 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3). Federal Communications Commission FCC 08-269 5 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. 10. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission’s rules,21 within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, America’s Toner SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. 11. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and FRN Number referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A (payment type code). America’s Toner will also send electronic notification on the date said payment is made to Johnny.drake@fcc.gov. Requests for full payment under an installment plan should be sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1- A625, Washington, D.C. 20554. Please contact the Financial Operations Group Help Desk at 1-877- 480-3201 or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures. 12. The response, if any, must be mailed both to the Office of the Secretary, Federal Communications Commission, 445 12th Street, SW, Washington, DC 20554, ATTN: Enforcement Bureau – Telecommunications Consumers Division, and to Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, SW, Washington, DC 20554, and must include the NAL/Acct. No. referenced in the caption. 13. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three- year period; (2) financial statements prepared according to generally accepted accounting practices; or (3) some other reliable and objective documentation that accurately reflects the petitioner’s current financial status. Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted. 14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail Return Receipt Requested and regular mail to America’s Toner, aka American Toner, aka Fiducia, Inc., Attention: John David, 96 Westmoreland Ave., Suite 13, Addison, IL 60601; 87 Eisenhower Ln S, Lombard IL 60148-5409; 603 Country Club Drive, Bensenville, IL 60106; and 9919 E. 47th Place, Tulsa, OK 74146. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 21 47 C.F.R. § 1.80. Federal Communications Commission FCC 08-269 6 APPENDIX Complainants and Violation Dates Complainant received facsimile solicitations Violation Date(s) Charlene Gregoroff, Biotouch 12/13/2007 Lionel Roy 12/18/2007, 02/06/2008 Doug Kresge, Kitsap Bank 12/19/2007 Amy Link, Half Price Books 12/19/2007 Stephanie LaBry, Bank of Erath 12/13/2007 John Ley, UT Southwestern Medical Center, Dallas 12/17/2007, 02/27/2008 Mark Kimura, JMO of America, Inc. 01/10/2008 Jan Driessnack, The Hyacinth 12/13/2007 Ed Lohmann 01/14/2008 Chris O’Brien 01/14/2008, 02/26/2008 Brent Swenson, Rhombus, Inc. 01/14/2008 Jane Labanz 01/14/2008 Elliott Delaye 01/14/2008 Zachary Gassoumis, Univ. of Southern California 01/14/2008 James Andrews, Andy’s Music Inc. 01/16/2008 Carl Hahn 01/16/2008 Jere Bice 01/15/2008 Rick Russell, Clovis Janitorial Supply, Inc. 01/16/2008 Richard Dziubaniuk, R & R Instrument Company 01/16/2008, 02/28/2008, 04/01/2008 Joe Shields, Lockheed Martin 01/16/2008 (two faxes), 02/26/2008 Mary Watt, CALL Primrose 01/16/2008 Dawn Colwell, Tom Ward Homes, Inc. 01/22/2008 Rocco Pisto 01/22/2008 Todd Thurston, Thurston, Casale & Ryan, LLC 01/15/2008 John Warrick, US Army DPW Real Property Office 01/23/2008, 02/29/2008 Janice Lemak, Leelanau Urgent Care 01/12/2008 Mark Kirschke 01/29/2008 Lance Zee 01/29/2008 Steven Kabbash, Veritech 01/29/2008 David Bergeron, St. Lawrence Place 01/30/2008 Episcopal Church of the Epiphany 01/09/2008 Harry Robinson, Robinson Racing Enterprises, Inc. 01/29/2008 Francis Nash 01/30/2008 Brent Griswold 01/30/2008, 03/07/2008 Crawford Rhodes 01/30/2008 Betty Bishop 01/30/2008, 03/07/2008 Geddy Krul 01/31/2008, 03/07/2008, 03/17/2008 Daniel and Angela Goelzer 01/16/2008 Marlene Phillips 02/04/2008 Raymond Butner 02/04/2008, 03/28/2008 Ken Barasch 02/04/2008, 03/28/2008 Richard LaPrairie, LMI Engineering LLC 02/05/2008 Keith Pollitt 02/05/2008, 03/25/2008 Allen Metner, North Fork Bank 02/05/08 Marguerite Payne, CUNA Mutual Group 01/23/2008 Brian Petro 01/28/2008 Federal Communications Commission FCC 08-269 7 Marvin Young 01/29/2008 Stan Blake 02/04/2008 Jayne Culberson, The Lakeside Clinic 01/28/2008 Margo Buchin, Stanford Photonics, Inc. 02/12/2008 Dan Batcheller, Budget U-Stor Mini Storage 02/13/2008 Ben Ringham, The UPS Store 02/13/2008 Ellen Maloney, University of San Francisco 01/31/2008 Thomas McWethy, T & T Tooling 02/13/2008, 03/27/2008 Ralph Baker, The Oxford, Inc. 02/15/2008 James Blond 02/15/2008 Linda Morris, My Music Store 02/19/2008 Jeffrey Simon 02/19/2008 Gerlinde Nattler, Continental Teves, Inc. 02/19/2008 Barry Tregob 02/20/2008 Shirley Barrett, Professional Scoping Services, Inc. 02/20/2008 Paul White 02/20/2008 Brad Levine, W. Wilson Fellowship Foundation 02/21/2008 Patti Maddamma, SME Co., Inc. 02/20/2008 Betsy Grimes, The Grimes Group Agency 02/19/2008 Lisa Talley, Lisa Talley CPS, PA 02/21/2008 Jeffrey Fahey, SunWize Technologies 02/20/2008 Paul Barrett, Mountain Memory Assessment 02/20/2008, 03/27/2008 Deborah Katz 02/22/2008 Shawn O’Leary, Moody’s Corporation 02/22/2008 Joseph Fan 02/20/2008 Adrian Halpern, Law Offices of Adrian Halpern 02/20/2008 Melissa Bishop, Stony Brook University 02/22/2008, 03/28/2008 Julie Glenn, Village of Augusta 02/26/2008 Carl Hahn 02/26/2008 Benjamin Benia 02/26/2008 Jimmy Sutton 02/26/2008 Jan Nordmo 02/26/2008 Diane Byrd, Piazza Trading & Co. , Ltd. 02/26/2008 Karl Westberg 02/28/2008 Doug Sherrod 02/27/2008 Hitoshi Sasaki 02/26/2008 Chris Elley 02/27/2008 John Clark 02/27/2008 Jean Fortune, Hy-Tech Construction, Inc. 02/26/2008 Lawrence Little, L & L Enterprises, Associates 02/26/2008 Stuart Yusem 02/27/2008 Felice Bogus, Fil-Chem Inc. 02/27/2008 Ricky Gomez 02/27/2008 Judy McComb 02/27/2008 Linda Moresi 02/27/2008 Kelly Bennette 02/27/2008 Eric Kobayashi 02/27/2008 David Loewenstein 02/26/2008 June-Marie Essner 02/27/2008 Thomas Woodend 02/28/2008 Federal Communications Commission FCC 08-269 8 Pam Zumwalt 02/27/2008 Jerry Strekal 02/27/2008 Nanci Lamborn, Southern Insurance 02/28/2008 Daniel Hornstein 02/27/2008 Vicki Ward, Financial Lifestyle Management 02/29/2008 Steve Messuri 02/29/2008 Chris Bottalico, Service Lock & Garage Door Co. 02/29/2008 Jeremy Chavez, JDS Insurance Services 02/13/2008 Mary White, PHRF NW 02/29/2008 Lillian Fraund 02/28/2008 Douglas Bulson 03/03/2008 Kevin Photiades, Pioneer Telephone 03/03/2008 George Ciechanowski, JC Stitch in Time 02/27/2008 Warren Davis, Davis Associates, Inc. 03/04/2008 Judith Haney 03/04/2008 Belinda Wright, Echo Tech Systems, Inc. 02/19/2008 Deborah Jacobs 03/05/2008 Mark Kirschke 03/05/2008 Daniel Malaty, The Malatys Agency 02/13/2008 William Lidman 03/05/2008 David Wisniewski 03/05/2008 Frank Wilson 02/28/2008 Romeo Sanchez, Reliable Real Estate Inspection 02/27/2008 Mark Loewenstein, Loewy Consulting, Inc. 03/06/2008 Brnhard Hedstrom 02/19/2008 Mark Jones, Office of Judge Frank Jordan 03/04/2008 Deborah Morris 03/07/2008 David Kozinn 03/07/2008 Norman Wattenberger 03/10/2008 Emily Shaughnessy, Pavia & Marsh, PC 03/10/2008 Helen Desmond, Ph.D. 03/10/2008 Tom McMullen, Sheet Metal Works, Inc. 03/11/2008 Susan Merrick 03/11/2008 Addie FryeWeaver, Plunkett Research Ltd. 03/12/2008 Robert Hammer, PRN Medical Case Management 03/12/2008 Paul Schrager, Schrager Associates 03/12/2008 Mark Kimura, JMO of America, Inc. 03/12/2008 Shawn Stevens, Stevens Design 03/12/2008, 03/13/2008 John Scrip 03/13/2008 Gary D. Hartman 03/13/2008 Clint Bradford, ATTENTION to Details 03/14/2008 Kenneth Beckwith, EMF Broadcasting 02/28/2008 Carol Herndon 03/17/2008 Patty Sines, Sines Appraisal Service 03/17/2008 Chay Niks, OMNOVA Solutions 03/12/2008 Douglas Neumetzger 03/17/2008 Dennis Tannenbaum 03/12/2008 Terry Grant 03/17/2008 Verlee Amble, Minnesota Tool Group, Inc. 02/20/2008, 03/27/2008 Roy Lewallen 03/18/2008 Federal Communications Commission FCC 08-269 9 Scott Bradner 03/12/2008 Daryl Fincher, ACE USA 03/12/2008 Don Simpson 02/27/2008 Wendy Walton, Art Form Architecture, Inc. 03/19/2008 William Faircloth 03/19/2008 Joseph Valente, Sammarval Company LTD. 03/19/2008 William Agosto 03/18/2008 Hermann Durst, W Bar E, Inc. 03/19/2008 Jennifer Gordon 03/14/2008 Anne Wilson, Rape Victim Advocacy Program 03/24/2008 Colin Hageney 02/26/2008 Rona Miller, Pacific Vineyard Company 02/05/2008 (eight faxes) Connie Hines, Wells Fargo Bank, NA 03/24/2008 Kevin Hall, Stargate Satellite 03/27/2008 Reilly Dillon 03/27/2008 Donald Veit 03/28/2008 Dennis DeDonatis 03/28/2008 Richard LaPrairie, IMI Engineering L.L.C. 03/28/2008 Robert Wallen, M.D. 03/19/2008 Walter Bartus 03/14/2008 Scott Beseda, State Farm Insurance 03/26/2008 Steven Donnell 03/28/2008 Fabian Kausche 03/27/2008 Robert Gates 03/26/2008 Stephen Sartorelli 03/28/2008 Daryl Gerke 03/31/2008 Marisa Munoz-Vourakis 03/27/2008 James McCusker 03/03/2008 Stuart Glenwich 01/30/2008 Jason Merchant 04/02/2008 Vickie Combs, Grove Madsen Industries 02/27/2008 Jim Thorne 02/27/2008 Russell Owen, Univ. of Wash. Astronomy Dept. 02/26/2008 Rosalind Kovacs, Robert T. Plumb, II 02/28/2008 Chester Martin 04/02/2008 Jeff Feyne 04/02/2008 Complainant received facsimile solicitations after requesting no more be sent Violation Date(s) Trevor Marvin 12/20/2007, 02/06/2008 Edward Lohmann 02/25/2008, 03/31/2008 Sandi Brenner 02/27/2008 Rick Russell, Clovis Janitorial Supply, Inc. 02/28/2008 Harry Robinson, Robinson Racing Enterprises, Inc. 03/06/2008 Jason Blond 03/25/2008 Linda Collier, Carolina Custom Video LLC 03/27/2008 Donna Flaten, Emergency Management Office 03/20/2008