![](media/image1.png){width="1.2902777777777779in"
height="1.229861111111111in"} February 27, 2004

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

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

**[AND FACSIMILE]{.underline}**

Powerplus Mortgage, Inc. Powerplus Mortgage, Inc.

a.k.a. Powerplus Mortgage a.k.a. Powerplus Mortgage

13921 Park Center Road, Suite 160/120 47382 Westwood Place, Suite 101

Herndon, Virginia 20171-3236 Sterling, Virginia 20165-2411

Attention: Andrew H. Guerin, President/CEO Attention: Andrew H. Guerin,
President/CEO

Charles A. Brady, VP Operations Charles A. Brady, VP Operations

Jason C. Eiss, VP Sales/CFO Jason C. Eiss, VP Sales/CFO

Business Filings Incorporated National Registered Agents, Inc.

3949 Fighting Creek Drive. 3761 Venture Drive

Powhatan, Virginia 23139 Duluth, Georgia 30096

National Registered Agents, Inc. National Registered Agents, Inc.

3533 Fairview Industrial Drive, SE 604 Locust Street, Suite 222

Salem, Oregon 97302-1155 Des Monies, Iowa 50309

National Registered Agents, Inc. of MD National Registered Agents, Inc.

#9E-11E Chase Street 1900 Church Street, Suite 400

Baltimore, Maryland 21202 Nashville, Tennessee 37203

National Registered Agents, Inc. Business Filings Incorporated

320 N. Meridian Street 4701 Cox Road, Suite 301

Indianapolis, Indiana 46204 Glen Allen, Virginia 23060-6802

NRAI Services, Inc.

526 East Park Avenue

Tallahassee, Florida 32301

> RE: EB-04-TC-027

Dear Correspondents: [^1]

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.[^2] As explained below, future violations of the Act or
Commission's rules in this regard may subject your company to monetary
forfeitures.

It has come to our attention that your company has delivered one or more
prerecorded messages to a residential telephone line or lines in
violation of the section 227(b)(1)(B) of the Act and section
64.1200(a)(2) of the Commission's rules. Under the rules, it is unlawful
to

Initiate any telephone call to any residential 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,[^3]\
(ii) Is not made for a commercial purpose,\
(iii) Is made for a commercial purpose but does not include or introduce
an unsolicited advertisement[^4] or constitute a telephone
solicitation,[^5]\
(iv) Is made to any person with whom the caller has an established
business relationship[^6] at the time the call is made, or\
(v) Is made by or on behalf of a tax-exempt nonprofit organization.

Accordingly, the rules generally prohibit delivery of prerecorded
advertisements and solicitations to residential telephone lines 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,
(3) to a person who has an established business relationship with the
caller.

The attached information indicates that your company 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 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 64.1200(a)(2) of the Commission's rules.

Separately, it appears that your company also has violated other
Commission rules that govern all prerecorded messages. Under section
64.1200(b), prerecorded messages must, at the beginning of the message,
state clearly the identity of the business (the name under which the
business is registered to conduct business with the State Corporation
Commission or comparable regulatory authority), individual, or other
entity that is responsible for initiating the call. In addition, the
telephone number[^7] or address of such business, or individual, or
other entity must be provided either during or after the prerecorded
message. According to the attached information received by the
Commission, it appears that your telephone solicitation(s) did not
contain all the required information.

**[If, after receipt of this citation, you 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}** [^8]

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. 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.

**The nearest Commission office appears to be either the FCC
headquarters location at 445-12^th^ Street, S.W., Washington, D.C. 20554
or the Columbia Office at 9200 Farm House Lane, Columbia, Maryland
21046. Please contact Senetta Lancaster at (202) 418-7320 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. 3-C366

Washington, D.C. 20554

**Reference EB-04-TC-027 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]: The Telecommunications Consumers Division has obtained information
    that the additional addressees listed above are registered agents of
    Powerplus Mortgage, Inc.

[^2]: 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.

[^3]: 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).

[^4]: 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).

[^5]: 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).

[^6]: 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)

[^7]: Any telephone number so provided may not be for (1) an autodialer
    or prerecorded message player that placed the call, (2) a 900
    number, or (3) any other number for which charges exceed local or
    long distance transmission charges. In addition, any such telephone
    number provided in connection with a prerecorded sales messages to a
    residential telephone subscriber must permit any individual to make
    a do-not-call request during regular business hours for the duration
    of the telemarketing campaign.

[^8]: *See* 47 C.F.R. § 1.80(b)(3).