**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | File No. EB-06-TC-913        |
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| Meridian Marketing Group Inc.    | ** | NAL/Acct. No. 200832170044   |
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| Apparent Liability for           | *  | FRN: 0017629825              |
| Forfeiture                       | *) |                              |
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**NOTICE OF APPARENT LIABILITY FOR FORFEITURE**

**Adopted: April 4, 2008 Released: April 4, 2008 []{.mark}**

By the Chief, Enforcement Bureau:

# I. INTRODUCTION

1.  In this *Notice of Apparent Liability for Forfeiture* ("NAL")[^1],
    we find that Meridian Marketing Group Inc. ("Meridian")[^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 four unsolicited
    advertisements to the telephone facsimile machines of at least four
    consumers.[^3] Based on the facts and circumstances surrounding
    these apparent violations, we find that Meridian is apparently
    liable for a forfeiture in the amount of \$18,000.

**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 October 20, 2006, in response to one or more consumer complaints
    alleging that Meridian had faxed unsolicited advertisements, the
    Enforcement Bureau ("Bureau") issued a citation[^8] to Meridian,
    pursuant to section 503(b)(5) of the Act.[^9] The Bureau cited
    Meridian for using a telephone facsimile machine, computer, or other
    device, to send unsolicited advertisements for hot stocks, cheap
    vacations, and low cost health care 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 Meridian 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 Meridian 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. On November 17, 2006, Meridian responded to the
    citation.[^11] In the response, Mark Anderson for Meridian,
    indicated "we will implement better control" in describing the
    company's internal process for advertising
    business-to-business.[^12]

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 Meridian continued to
    engage in such conduct after receiving the citation.[^13] We base
    our action here specifically on complaints filed by four consumers
    establishing that Meridian continued to send four unsolicited
    advertisements to telephone facsimile machines after the date of the
    citation.[^14]

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.[^15] 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."[^16]

### III. DISCUSSION

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

6.  We find that Meridian 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 four
    unsolicited advertisements to the four consumers identified in the
    Appendix. This NAL is based on evidence that four consumers received
    unsolicited fax advertisements from Meridian *after* the Bureau's
    citation. The facsimile transmissions advertise hot stocks, cheap
    vacations, and low cost health care. Further, according to the
    complaints, the consumers neither had an established business
    relationship with Meridian nor gave Meridian permission to send the
    facsimile transmissions.[^17] The faxes at issue here therefore fall
    within the definition of an "unsolicited advertisement."[^18] Based
    on the entire record, including the consumer complaints, we conclude
    that Meridian apparently violated section 227 of the Act and the
    Commission's related rules and orders by sending four unsolicited
    advertisements to four consumers' facsimile machines.

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B.  **Proposed Forfeiture**

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7.  We find that Meridian is apparently liable for a forfeiture in the
    amount of \$18,000. 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.[^19] We apply that base amount to each of the four apparent
    violations. Thus, a total forfeiture of \$18,000 is proposed.
    Meridian 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 Meridian Marketing Group 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 four unsolicited advertisements to the four consumers
    identified in the Appendix. We have further determined that Meridian
    Marketing Group is apparently liable for a forfeiture in the amount
    of \$18,000.

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 Meridian
    Marketing Group is hereby NOTIFIED of this APPARENT LIABILITY FOR A
    FORFEITURE in the amount of \$18,000 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,[^21] within thirty (30) days of the release date
    of this *Notice of Apparent Liability for Forfeiture*, Meridian
    Marketing Group 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. 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 Meridian Marketing Group, Attention:
    Patricia A. Anderson, President, and Mark R. Anderson, Vice
    President, 250 S. Ronald Reagon Blvd., Suite 116, Longwood, FL
    32750.

> FEDERAL COMMUNICATIONS COMMISSION

Kris Anne Monteith

Chief, Enforcement Bureau

**APPENDIX**

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

  Germann, Sherry                      6/4/07

  Berger, Michael                      6/11/07

  Gelhaus, Jamie                       6/19/07

  Hanks, Kiisha                        6/27/07
  ------------------------------------ ----------------------------------

[^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, Meridian Marketing
    Group Inc. is also doing business as Meridian Marketing Group.
    Therefore, all references in this NAL to Meridian encompass Meridian
    Marketing Group Inc. as well as Meridian Marketing Group. Meridian
    has offices at 250 S. Ronald Reagon Blvd., Suite 116, Longwood, FL
    32750. Patricia A. Anderson, President, and Mark R. Anderson, Vice
    President, are listed as the contact persons for Meridian.
    Accordingly, all references in this NAL to Meridian also encompass
    the foregoing individuals and all other principals and officers of
    this entity, as well as the corporate entity itself.

[^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]: 47 U.S.C. § 227(b)(1)(C); *See* 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-913 issued
    to Meridian Marketing Group on October 20, 2006.

[^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 250 S. Ronald Reagon
    Blvd., Suite 116, Longwood, FL 32750, Attention: Patricia A.
    Anderson, President, and Mark R. Anderson, Vice President. *See*
    n.Error: Reference source not found, *supra*.

[^11]: Mr. Mark Anderson, Meridian Marketing Group Inc., to Kurt A.,
    Schroeder, Deputy Chief, Telecommunications Consumers Division,
    Enforcement Bureau, Federal Communications Commission, dated
    November 17, 2006.

[^12]: *Id*. at 1-2.

[^13]: *See* Appendix for a listing of the consumer complaints against
    Meridian requesting Commission action.

[^14]: We note that evidence of additional instances of unlawful conduct
    by Meridian may form the basis of subsequent enforcement action.

[^15]: 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).

[^16]: 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).

[^17]: *See, e.g.*, complaint dated May 30, 2007, from Sherry Germann
    (stating that she has never purchased anything from the company
    being advertised in the fax or made an inquiry or application to the
    company or given consent for the company to send the fax.);
    complaint also dated June 11. 2007, from N. Michael Berger (stating
    that he has never purchased anything from the company being
    advertised in the fax or made an inquiry or application to the
    company or given consent for the company to send the fax.). The
    complainants involved in this action are listed in the Appendix
    below.

[^18]: *See* 47 U.S.C. § 227(a)(4); 47 C.F.R. § 64.1200(f)(13)
    (definition previously at § 64.1200(f)(10)).

[^19]: *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).

[^20]: *See* 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3).

[^21]: 47 C.F.R. § 1.80.