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May 10, 2007

## VIA CERTIFIED MAIL

RETURN RECEIPT REQUESTED

[]{.mark}

Dynamak

Attn: Ezekial Orozco

5876 Los Feliz Dr.

Buena Park, CA 90620

RE: EB-07-TC-1028

Dear Mr. Orozco:

This is an official **CITATION**, issued pursuant to section 503(b)(5)
of the Communications Act of 1934, as amended (the Act), for violations
of the Federal Communications Commission's rules that govern
telemarketing calls.[^1] As explained below, you may appeal this
citation. In addition, future violations of the Commission's rules in
this regard may subject you and your company to monetary forfeitures.

Attached are consumer complaints regarding telemarketing calls that your
company or an entity acting on behalf of your company, acting under your
direction, made to residential telephone lines despite previous
do‑not‑call requests by members of the households.[^2] These complaints
indicate that you and your company have violated the Commission's
requirements regarding telemarketing calls in 47 C.F.R. § 64.1200(d).

Section 64.1200(d) of the Commission's rules requires entities that make
telemarketing calls to residential telephone subscribers to follow
certain procedures to ensure that the subscribers are able to stop such
calls. Specifically, entities that make telemarketing calls must (1)
develop written policies for maintaining a do-not-call list and make
such written policies available upon demand; (2) inform and train their
personnel engaged in any aspect of telemarketing about the existence and
use of the do-not-call list; (3) place consumers who request not to
receive telemarketing calls on the do-not-call list; and (4) honor each
do-not-call request within a reasonable time from the date of the
request, which may not exceed thirty (30) days, for five years from the
time the request is made.[^3] In addition, the Commission has found that
it is unlawful to call a residential telephone line to deliver a
telemarketing call if any member of the household has made a do-not-call
request.[^4]

Under the Act and the Commission's rules, a "telemarketing" call is "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."[^5]

[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 honored the person's do-not-call request within a
reasonable time that did not exceed 30 days, or that you can document
that the person gave permission for the call after making an earlier
do-not-call request. In addition, your response should specify the
actions that you are taking to ensure that you do not violate the
Commission's rules governing telephone solicitation and unsolicited
advertisements, 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.

Washington, D.C. 20554

You should reference EB-07-TC-1028 when corresponding with the
Commission.

If you request a meeting, 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)

As required by the Privacy Act of 1974, 5 U.S.C. § 552(a)(e)(3), you are
hereby notified that the Commission's staff will use all relevant
material information to determine what, if any, enforcement action is
required to ensure your compliance with the Commission's rules. This
will include any information that you disclose in your interview or
written statement.

Finally, you should be aware that 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.

[^2]: *See* attached complaint(s).

[^3]: 47 C.F.R. § 64.1200(d).

[^4]: *Consumer.Net v. AT&T*, *Order*, 15 FCC Rcd 281, 298 (1999).

[^5]: 47 U.S.C. § 227(a)(3); 47 C.F.R. § 64.1200(f)(7).

[^6]: *See* 47 C.F.R. § 1.80(b)(3).