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April 26, 2007

**[VIA CERTIFIED MAIL]{.underline}**

**[RETURN RECEIPT REQUESTED]{.underline}**

Lavin & Associates

Attn: Mr. Richard Lavin

1225 N. 78^th^ Street

Kansas City, KS 66112

Patriot Marketing

Attn: Mr. Richard Lavin

1225 N. 78^th^ Street

Kansas City, KS 66112

> RE: File No. EB-07-TC-1447

Dear Mr. Lavin:

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 telephone solicitations and unsolicited
advertisements.[^1] As explained below, you may appeal this citation. In
addition, future violations of the Act or Commission's rules in this
regard may subject you and your company to monetary forfeitures.

Attached are consumer complaints regarding prerecorded messages that
your company, acting under your direction, has delivered to a
residential telephone line or lines. These complaints indicate that you
and your company have violated section 227(b)(1)(B) of the Act and
section 64.1200(a)(2) of the Commission's rules. *See* 47 U.S.C. §
227(b)(1)(B); 47 C.F.R. § 64.1200(a)(2).

Under Section 227(b)(1)(B) of the Act and section 64.1200(a)(2) of the
Commission's rules, it is unlawful for any person within the United
States, or any person outside the United States if the recipient is
within the United States to initiate any telephone call to any
residential telephone line using an artificial or prerecorded voice to
deliver a message without the prior express consent of the called party,
unless the call

\(i\) Is made for emergency purposes,[^2]\
(ii) Is not made for a commercial purpose,\
(iii) Is made for a commercial purpose but does not include or introduce
an unsolicited advertisement[^3] or constitute a telephone
solicitation,[^4]\
(iv) Is made to any person with whom the caller has an established
business relationship[^5] at the time the call is made, or\
(v) Is made by or on behalf of a tax-exempt nonprofit organization.

Accordingly, it is generally unlawful to use an artificial or
prerecorded voice to deliver an advertisement or telephone solicitation
to a residential telephone line unless the call is made: (1) by or on
behalf of a tax-exempt nonprofit organization; (2) with the prior
express consent of the called party; or (3) to a person who has an
established business relationship with the caller.

The attached information indicates that your company, acting under your
direction, delivered an unsolicited advertisement or telephone
solicitation, through a prerecorded message, to one or more residential
telephone subscribers who either (1) had not expressly invited or
authorized the call(s) or (2) did not have an established business
relationship with you or your company (a transaction within 18 months
prior to the call(s), or an inquiry or application within 3 months prior
to the call(s)). As explained above, this action violates section
227(b)(1)(B) of the Communications Act and section 64.1200(a)(2) of the
Commission's rules.

[If, after receipt of this citation, you or your company 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.]{.underline}[^6]

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.
You may use this response to appeal this citation. For example, you may
claim that you can document that you had an established business
relationship with the called party at the time of the call or that you
are a tax-exempt nonprofit organization. In addition, your response
should specify the actions that you are taking to ensure that you do not
violate the Commission's rules governing prerecorded messages, as
described above.

**You may schedule a personal interview at the nearest Commission field
office. These offices are located in: Atlanta, GA; Boston, MA; Chicago,
IL; Columbia, MD; Dallas, TX; Denver, CO; Detroit, MI; Kansas City, MO;
Los Angeles, CA; New Orleans, LA; New York, NY; Philadelphia, PA; San
Diego, CA; San Francisco, CA; Seattle, WA; and Tampa, FL. Please call 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

445-12^th^ Street, S.W.

Rm. 4-C222

Washington, D.C. 20554

> **Reference EB-07-TC-1447** **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 that are
    associated with telephone solicitation and use of the telephone
    network to deliver unsolicited advertisements, including prerecorded
    messages to residential telephone lines. We refer in this citation
    to the Commission's rules as they existed at the time of the
    violations in this matter. Revised rules in this area took effect on
    August 1, 2006.

[^2]: The term "emergency purposes" means calls made necessary in any
    situation affecting the health and safety of consumers." 47 C.F.R. §
    64.1200(f)(2).

[^3]: The term "unsolicited advertisement" means "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." 47 U.S.C.§
    227(a)(4); 47 C.F.R. § 64.1200(f)(10).

[^4]: The term "telephone solicitation" means

    > the initiation of a telephone call or message for the purpose of
    > encouraging the purchase or rental of, or investment in, property,
    > goods, or services, which is transmitted to any person, but such
    > term does not include a call or message:\
    > (i) To any person with that person\'s prior express invitation or
    > permission;\
    > (ii) To any person with whom the caller has an established
    > business relationship; or\
    > (iii) By or on behalf of a tax-exempt nonprofit organization.
    >
    > 47 U.S.C. § 227(a)(3); 47 C.F.R.§ 64.1200(f)(9).

[^5]: The term "established business relationship" means

    > a prior or existing relationship formed by a voluntary two-way
    > communication between a person or entity and a residential
    > subscriber with or without an exchange of consideration, on the
    > basis of the subscriber\'s purchase or transaction with the entity
    > within the eighteen (18) months immediately preceding the date of
    > the telephone call or on the basis of the subscriber\'s inquiry or
    > application regarding products or services offered by the entity
    > within the three months immediately preceding the date of the
    > call, which relationship has not been previously terminated by
    > either party.\
    > (i) The subscriber\'s seller-specific do-not-call request, as set
    > forth in paragraph (d)(3) of this section, terminates an
    > established business relationship for purposes of telemarketing
    > and telephone solicitation even if the subscriber continues to do
    > business with the seller.\
    > (ii) The subscriber\'s established business relationship with a
    > particular business entity does not extend to affiliated entities
    > unless the subscriber would reasonably expect them to be included
    > given the nature and type of goods or services offered by the
    > affiliate and the identity of the affiliate.
    >
    > 47 C.F.R. § 64.1200(f)(3)

[^6]: *See* 47 C.F.R. § 1.80(b)(3).