**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File No. EB-06-TC-131        |
|                                  | *) |                              |
| America's Toner                  | ** | NAL/Acct. No. 200932170008   |
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| Apparent Liability for           | *  | FRN: 0017433186              |
| Forfeiture                       | *) |                              |
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+----------------------------------+----+------------------------------+

**NOTICE OF APPARENT LIABILITY FOR FORFEITURE**

**Adopted: December 9, 2008 Released: December 11, 2008**

By the Commission:

# INTRODUCTION

1.  In this *Notice of Apparent Liability for Forfeiture* ("NAL")[^1],
    we find that America's Toner[^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 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.

# 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 citation[^8] 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.  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**

## 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 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.

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B.  **Proposed Forfeiture**

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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 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 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 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. 47^th^ Place, Tulsa, OK 74146.

> FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX**

**Complainants and Violation Dates**

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

  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    12/17/2007, 02/27/2008
  Center, Dallas                       

  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 01/14/2008
  California                           

  James Andrews, Andy's Music Inc.     01/16/2008

  Carl Hahn                            01/16/2008

  Jere Bice                            01/15/2008

  Rick Russell, Clovis Janitorial      01/16/2008
  Supply, Inc.                         

  Richard Dziubaniuk, R & R Instrument 01/16/2008, 02/28/2008, 04/01/2008
  Company                              

  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 &    01/15/2008
  Ryan, LLC                            

  John Warrick, US Army DPW Real       01/23/2008, 02/29/2008
  Property Office                      

  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      01/29/2008
  Enterprises, Inc.                    

  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   02/05/2008
  LLC                                  

  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

  Marvin Young                         01/29/2008

  Stan Blake                           02/04/2008

  Jayne Culberson, The Lakeside Clinic 01/28/2008

  Margo Buchin, Stanford Photonics,    02/12/2008
  Inc.                                 

  Dan Batcheller, Budget U-Stor Mini   02/13/2008
  Storage                              

  Ben Ringham, The UPS Store           02/13/2008

  Ellen Maloney, University of San     01/31/2008
  Francisco                            

  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, 02/19/2008
  Inc.                                 

  Barry Tregob                         02/20/2008

  Shirley Barrett, Professional        02/20/2008
  Scoping Services, Inc.               

  Paul White                           02/20/2008

  Brad Levine, W. Wilson Fellowship    02/21/2008
  Foundation                           

  Patti Maddamma, SME Co., Inc.        02/20/2008

  Betsy Grimes, The Grimes Group       02/19/2008
  Agency                               

  Lisa Talley, Lisa Talley CPS, PA     02/21/2008

  Jeffrey Fahey, SunWize Technologies  02/20/2008

  Paul Barrett, Mountain Memory        02/20/2008, 03/27/2008
  Assessment                           

  Deborah Katz                         02/22/2008

  Shawn O'Leary, Moody's Corporation   02/22/2008

  Joseph Fan                           02/20/2008

  Adrian Halpern, Law Offices of       02/20/2008
  Adrian Halpern                       

  Melissa Bishop, Stony Brook          02/22/2008, 03/28/2008
  University                           

  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. ,   02/26/2008
  Ltd.                                 

  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,  02/26/2008
  Inc.                                 

  Lawrence Little, L & L Enterprises,  02/26/2008
  Associates                           

  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

  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      02/29/2008
  Management                           

  Steve Messuri                        02/29/2008

  Chris Bottalico, Service Lock &      02/29/2008
  Garage Door Co.                      

  Jeremy Chavez, JDS Insurance         02/13/2008
  Services                             

  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    02/27/2008
  Time                                 

  Warren Davis, Davis Associates, Inc. 03/04/2008

  Judith Haney                         03/04/2008

  Belinda Wright, Echo Tech Systems,   02/19/2008
  Inc.                                 

  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  02/27/2008
  Inspection                           

  Mark Loewenstein, Loewy Consulting,  03/06/2008
  Inc.                                 

  Brnhard Hedstrom                     02/19/2008

  Mark Jones, Office of Judge Frank    03/04/2008
  Jordan                               

  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,     03/11/2008
  Inc.                                 

  Susan Merrick                        03/11/2008

  Addie FryeWeaver, Plunkett Research  03/12/2008
  Ltd.                                 

  Robert Hammer, PRN Medical Case      03/12/2008
  Management                           

  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,  02/20/2008, 03/27/2008
  Inc.                                 

  Roy Lewallen                         03/18/2008

  Scott Bradner                        03/12/2008

  Daryl Fincher, ACE USA               03/12/2008

  Don Simpson                          02/27/2008

  Wendy Walton, Art Form Architecture, 03/19/2008
  Inc.                                 

  William Faircloth                    03/19/2008

  Joseph Valente, Sammarval Company    03/19/2008
  LTD.                                 

  William Agosto                       03/18/2008

  Hermann Durst, W Bar E, Inc.         03/19/2008

  Jennifer Gordon                      03/14/2008

  Anne Wilson, Rape Victim Advocacy    03/24/2008
  Program                              

  Colin Hageney                        02/26/2008

  Rona Miller, Pacific Vineyard        02/05/2008 (eight faxes)
  Company                              

  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   03/28/2008
  L.L.C.                               

  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           02/27/2008
  Industries                           

  Jim Thorne                           02/27/2008

  Russell Owen, Univ. of Wash.         02/26/2008
  Astronomy Dept.                      

  Rosalind Kovacs, Robert T. Plumb, II 02/28/2008

  Chester Martin                       04/02/2008

  Jeff Feyne                           04/02/2008
  ------------------------------------ ----------------------------------

  ------------------------------------ ----------------------------------
  **Complainant received facsimile     **Violation Date(s)**
  solicitations after requesting no    
  more be sent**                       

  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      02/28/2008
  Supply, Inc.                         

  Harry Robinson, Robinson Racing      03/06/2008
  Enterprises, Inc.                    

  Jason Blond                          03/25/2008

  Linda Collier, Carolina Custom Video 03/27/2008
  LLC                                  

  Donna Flaten, Emergency Management   03/20/2008
  Office                               
  ------------------------------------ ----------------------------------

[^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. 47^th^ 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).

[^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.

[^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).

[^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); *21^st^ Century Fax(es)
    Ltd., AKA 20^th^ 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).

[^21]: 47 C.F.R. § 1.80.