**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | File No. EB- 04-TC-165       |
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| Copier Search International,     | ** | NAL/Acct. No. 200832170041   |
| Inc.                             |    |                              |
|                                  | *  | FRN: 0017584905              |
| Apparent Liability for           | *) |                              |
| Forfeiture                       | ** |                              |
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**NOTICE OF APPARENT LIABILITY FOR FORFEITURE**

**Adopted: March 24, 2008 Released: March 25, 2008**

By the Chief, Enforcement Bureau:

# I. INTRODUCTION

1.  In this *Notice of Apparent Liability for Forfeiture* ("NAL")[^1],
    we find that Copier Search International, Inc. ("Copier Search")[^2]
    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 two unsolicited
    advertisements to the telephone facsimile machines of at least two
    consumers.[^3] Based on the facts and circumstances surrounding
    these apparent violations, we find that Copier Search is apparently
    liable for a forfeiture in the amount of \$9,000.00.

**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 January 14, 2005, in response to one or more consumer complaints
    alleging that Copier Search had faxed unsolicited advertisements,
    the Enforcement Bureau ("Bureau") issued a citation[^8] to Copier
    Search, pursuant to section 503(b)(5) of the Act.[^9] The Bureau
    cited Copier Search for using a telephone facsimile machine,
    computer, or other device, to send unsolicited advertisements to a
    telephone facsimile machine, in violation of section 227 of the Act
    and the Commission's related rules and orders. The citation, which
    was served by certified mail, return receipt requested, warned
    Copier Search 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 Copier Search 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. Copier Search did not request
    an interview or otherwise respond to the citation.

4.  Despite the citation's warning that subsequent violations could
    result in the imposition of monetary forfeitures, we have received
    two additional consumer complaints indicating that Copier Search
    continued to engage in such conduct after receiving the
    citation.[^11] We base our action here specifically on complaints
    filed by two consumers establishing that Copier Search continued to
    send two unsolicited advertisements to telephone facsimile machines
    after the date of the citation.[^12]

5.  Section 503(b) of the Act authorizes the Commission to assess a
    forfeiture of up to \$11,000 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.[^13] 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, and ability to pay, and
    such other matters as justice may require."[^14]

### III. DISCUSSION

> **A.** **Violations of the Commission's Rules Restricting Unsolicited
> Facsimile Advertisements**

6.  We find that Copier Search 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 two unsolicited advertisements to the two consumers identified
    in the Appendix. This NAL is based on evidence that two consumers
    received unsolicited fax advertisements from Copier Search *after*
    the Bureau's citation. The facsimile transmissions advertise copier
    equipment. Further, according to the complaints, the consumers
    neither had an established business relationship with Copier Search
    nor gave Copier Search permission to send the facsimile
    transmissions.[^15] The faxes at issue here therefore fall within
    the definition of an "unsolicited advertisement."[^16] Based on the
    entire record, including the consumer complaints, we conclude that
    Copier Search apparently violated section 227 of the Act and the
    Commission's related rules and orders by sending two unsolicited
    advertisements to two consumers' facsimile machines.

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B.  **Proposed Forfeiture**

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7.  We find that Copier Search is apparently liable for a forfeiture in
    the amount of \$9,000.00. 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.[^17] We apply that base amount to
    each of the two apparent violations. Thus, a total forfeiture of
    \$9,000.00 is proposed. Copier Search 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.[^18]

### IV. CONCLUSION AND ORDERING CLAUSES

8.  We have determined that Copier Search International, Inc. 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 two unsolicited advertisements to the
    two consumers identified in the Appendix. We have further determined
    that Copier Search International, Inc. is apparently liable for a
    forfeiture in the amount of \$9,000.00.

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,
    and under the authority delegated by sections 0.111 and 0.311 of the
    Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Copier Search
    International, Inc. is hereby NOTIFIED of this APPARENT LIABILITY
    FOR A FORFEITURE in the amount of \$9,000.00 for willful or repeated
    violations of section 227(b)(1)(C) of the Communications Act, 47
    U.S.C. § 227(b)(1)(C), sections 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,[^19] within thirty (30) days of the release date
    of this *Notice of Apparent Liability for Forfeiture*, Copier Search
    International, Inc 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\[**s**\] 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). 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 12^th^ 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 12^th^ 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. Requests for payment of the full amount of this *Notice of Apparent
    Liability for Forfeiture* under an installment plan should be sent
    to: Chief, Revenue and Receivables Operations Group, 445 12th
    Street, SW, Washington, DC 20554.[^20]

15. IT IS FURTHER ORDERED that a copy of this *Notice of Apparent
    Liability for Forfeiture* shall be sent by Certified Mail Return
    Receipt Requested to Copier Search International, Inc, Attention:
    Jim Hummel, 1600 Patterson Road, Florissant, Missouri 63031; 748 N.
    Lindbergh Boulevard, St. Louis, Missouri 63031; and 990 Orchard Lake
    Dr., St. Louis, MO 63031.

> FEDERAL COMMUNICATIONS COMMISSION

Kris Anne Monteith

Chief, Enforcement Bureau

**APPENDIX**

  ------------------------------------ ----------------------------------
  **Complainant sent facsimile         **Violation Date(s)**
  solicitations**                      

  Fernando Guerrero, Riverside         5/26/2007
  Business Forms                       

  Robyn Hepker, Benson & Hepker Design 6/13/ 2007
  ------------------------------------ ----------------------------------

[^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)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS503&FindType=L&AP=&RS=WLW4.05&VR=2.0&FN=_top&SV=Split&MT=Westlaw)
    (stating that the Commission has the authority under this section of
    the Act to assess a forfeiture penalty against any person who is not
    a common carrier 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, Copier Search is also
    doing business as Investment Recovery. Therefore, all references in
    this NAL to "Copier Search " encompass Copier Search as well as
    Investment Recovery. Copier Search has offices at 1600 Patterson
    Road, Florissant, Missouri 63031; 748 N. Lindbergh Boulevard, St.
    Louis, Missouri 63031; and 990 Orchard Lake Dr., St. Louis, MO
    63031. Jim Hummel is listed as the contact person for Copier Search.
    Accordingly, all references in this NAL to "Copier Search" also
    encompass the foregoing individual and all other principals and
    officers of this entity or entities, as well as the corporate entity
    or entities.

[^3]: *See* [47 U.S.C.
    §](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS227&FindType=L&AP=&RS=WLW4.05&VR=2.0&FN=_top&SV=Split&MT=Westlaw)
    [227(b)(1)(C)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS227&FindType=L&AP=&RS=WLW4.05&VR=2.0&FN=_top&SV=Split&MT=Westlaw);
    [47 C.F.R. §
    64.1200(a)(3)](http://web2.westlaw.com/find/default.wl?DB=1000547&DocName=47CFRS64.1200&FindType=L&AP=&RS=WLW4.05&VR=2.0&FN=_top&SV=Split&MT=Westlaw);
    *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).

[^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).

[^7]: *See* 47 C.F.R. § 64 (a)(3)(i), (ii).

[^8]: Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
    Consumers Division, Enforcement Bureau, File No. EB-04-TC-165 issued
    to Investment Recovery d.b.a Copier Search International, Inc. on
    January 14, 2005.

[^9]: *See* 47 U.S.C. § 503(b)(5) (authorizing the Commission to issue
    citations to non-common carriers for violations of the Act or of the
    Commission's rules and orders).

[^10]: Commission staff mailed the citation to Investment Recovery d.b.a
    Copier Search International, Inc., Attention: Jim Hummel, 1600
    Patterson Road, Florissant, Missouri 63031 and Investment Recovery
    d.b.a Copier Search International, Inc., Attention: Jim Hummel, 748
    N. Lindbergh Boulevard, St. Louis, Missouri 63031. *See* n.Error:
    Reference source not found, *supra*.

[^11]: *See* Appendix for a listing of the consumer complaints against
    Copier Search requesting Commission action.

[^12]: We note that evidence of additional instances of unlawful conduct
    by Copier Search may form the basis of subsequent enforcement
    action.

[^13]: 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) to \$11,000. *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); *see also* *Amendment of
    Section 1.80(b) of the Commission's Rules and Adjustment of
    Forfeiture Maxima to Reflect Inflation*, 19 FCC Rcd 10945 (2004)
    (this recent amendment of section 1.80(b) to reflect inflation left
    the forfeiture maximum for this type of violator at \$11,000).

[^14]: 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).

[^15]: *See, e.g.*, complaint dated May 26, 2007, from Fernando Guerrero
    (stating that he has never done any business with the fax
    advertiser, never made an inquiry or application to the fax
    advertiser, and never gave permission for the company to send the
    fax). The complainants involved in this action are listed in the
    Appendix below.

[^16]: *See* 47 U.S.C. § 227(a)(4); 47 C.F.R. § 64.1200(f)(13)
    (definition previously at § 64.1200(f)(10)).

[^17]: *See* [*Get-Aways, Inc.,* Notice of Apparent Liability For
    Forfeiture*,* 15 FCC Rcd 1805
    (1999);](http://web2.westlaw.com/find/default.wl?DB=4493&SerialNum=1999290595&FindType=Y&AP=&RS=WLW4.05&VR=2.0&FN=_top&SV=Split&MT=Westlaw)
    [*Get-Aways, Inc.,* Forfeiture Order, 15 FCC Rcd 4843
    (2000);](http://web2.westlaw.com/find/default.wl?DB=1016&SerialNum=2000065436&FindType=Y&AP=&RS=WLW4.05&VR=2.0&FN=_top&SV=Split&MT=Westlaw)
    *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).

[^18]: *See* 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3).

[^19]: 47 C.F.R. § 1.80.

[^20]: 47 C.F.R. § 1.1914.