Federal Communications Commission FCC 07-147
Before the
Federal Communications Commission
Washington, D.C.   20554
In the Matter of
The Hot Lead LLC 
d/b/a The Hot Lead Company
 
Apparent Liability for Forfeiture
)
)
)
)
)
)
)
)
)
File No. EB- 06-TC-120
NAL/Acct. No. 200732170072
FRN:  0016773533
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted:   August 13, 2007 Released: August 14, 2007
By the Commission:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture (NAL)1, we find that The Hot Lead 
LLC (Hot Lead)2 apparently willfully or repeatedly violated section 227 of the Communications Act of 
1934, as amended (Act), and the Commissions related rules and orders, by delivering at least 356
unsolicited advertisements to the telephone facsimile machines of at least 110 consumers.3 Based on the 
facts and circumstances surrounding these apparent violations, we find that Hot Lead is apparently liable 
for a forfeiture in the amount of $2,168,500. 
  
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 persons place of residence; and (C) subsequently engages in conduct of the type 
described in the citation).
2 According to publicly available information, Hot Lead is also doing business as The Hot Lead Company.  
Therefore, all references in this NAL to Hot Lead encompass Hot Lead as well as The Hot Lead Company.  Hot 
Lead has offices at 16901 Dallas Parkway, Addison, Texas 75001.  Mr. Greg Horne, is listed as the contact person 
for Hot Lead.  The Hot Lead Company has offices at 1400 Preston Road #300, Plano, Texas 75903.  Mr. Greg 
Horne, is listed as the contact person for The Hot Lead Company.  Accordingly, all references in this NAL to Hot 
Lead  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).  
Federal Communications Commission FCC 07-147
2
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 
Commissions rules as any material advertising the commercial availability or quality of any property, 
goods, or services which is transmitted to any person without that persons prior express invitation or 
permission in writing or otherwise.5 Under the Commissions Rules, an established business 
relationship6 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 May 5, 2006, in response to one or more consumer complaints alleging that Hot Lead 
had faxed unsolicited advertisements, the Commission staff issued a citation8 to Hot Lead, pursuant to 
section 503(b)(5) of the Act.9 The staff cited Hot Lead for using a telephone facsimile machine, 
computer, or other device, to send unsolicited advertisements for mortgage financing, health and life 
insurance, credit and debit card services, interior shutters, custom-logo shirts/T-shirts, fax advertising and 
sales leads to a telephone facsimile machine, in violation of section 227 of the Act and the Commissions 
related rules and orders.  The citation, which the staff served by certified mail, return receipt requested, 
warned Hot Lead 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 Hot Lead 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.  Hot Lead did not request an interview or otherwise respond to the citation.    
4. Despite the citations warning that subsequent violations could result in the imposition of 
monetary forfeitures, we have received additional consumer complaints indicating that Hot Lead 
continued to engage in such conduct after receiving the citation.11 We base our action here specifically on 
complaints filed by 110 consumers establishing that Hot Lead continued to send 356 unsolicited 
  
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 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-120 issued to Hot Lead on May 5, 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 Commissions rules and orders).
10 Commission staff mailed the citation to 16901 Dallas Parkway, Addison, Texas 75001 and 1400 Preston Road 
#300, Plano, Texas 75903.  See n.2, supra.  
11 See Appendix for a listing of the consumer complaints against Hot Lead requesting Commission action. 
Federal Communications Commission FCC 07-147
3
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, 
ability to pay, and such other matters as justice may require.14
III. DISCUSSION
A. Violations of the Commissions Rules Restricting Unsolicited Facsimile 
Advertisements
6. We find that Hot Lead apparently violated section 227 of the Act and the Commissions 
related rules and orders by using a telephone facsimile machine, computer, or other device to send at least 
356 unsolicited advertisements to the 110 consumers identified in the Appendix.  This NAL is based on 
evidence that the consumers received unsolicited fax advertisements from Hot Lead after the Bureaus 
citation.  The facsimile transmissions advertise mortgage financing, health and life insurance, credit and 
debit card services, interior shutters, custom-logo shirts/T-shirts, fax advertising and sales leads.  Further, 
according to the complaints, the consumers neither had an established business relationship with Hot 
Lead nor gave Hot Lead 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 Hot Lead apparently violated section 227 of the Act 
and the Commissions related rules and orders by sending 356 unsolicited advertisements to 110
consumers facsimile machines.
B. Proposed Forfeiture
7. We find that Hot Lead is apparently liable for a forfeiture in the amount of $2,168,500
Although the Commissions Forfeiture Policy Statement does not establish a base forfeiture amount for 
violating the prohibition against using a telephone facsimile machine to send unsolicited advertisements, 
  
12 We note that evidence of additional instances of unlawful conduct by Hot Lead 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 Commissions Rules and Adjustment of Forfeiture Maxima to Reflect Inflation, 15 FCC Rcd 
18221 (2000); see also Amendment of Section 1.80(b) of the Commissions 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 Commissions 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 Dec. 26, 2006 from Randi Viola (stating that we are receiving numerous unsolicited 
faxes daily.  I have enclosed four of the unwanted faxes we have received this morning.  We have never done 
business with any of these companies and never gave them permission to fax us anything.).  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)).
Federal Communications Commission FCC 07-147
4
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 253 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.18 Here, 23 consumers specifically requested that Hot 
Lead cease sending facsimiles.  Notwithstanding these requests, an additional 103 facsimiles were sent to 
these consumers.  Thus, we apply the $10,000 amount to each of 103 of the apparent violations. Thus, a 
total forfeiture of $2,168,500 is proposed.  Hot Lead 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.19
IV. CONCLUSION AND ORDERING CLAUSES
8. We have determined that The Hot Lead LLC  apparently violated section 227 of the Act 
and the Commissions related rules and orders by using a telephone facsimile machine, computer, or other 
device to send at least 356 unsolicited advertisements to the 110 consumers identified in the Appendix.  
We have further determined that The Hot Lead LLC is apparently liable for a forfeiture in the amount of 
$2,168,500.
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 The Hot Lead LLC is hereby NOTIFIED of 
this APPARENT LIABILITY FOR A FORFEITURE in the amount of $2,168,500  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 Commissions 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 Commissions 
rules,20 within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, The 
Hot Lead LLC 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 by check or money order, payable to the order of the Federal Communications 
Commission, may be mailed to Forfeiture Collection Section, Finance Branch, Federal Communications 
Commission, P.O. Box 358340, Pittsburgh, PA 15251.  Payment by overnight mail may be sent to Mellon 
Client Service Center, 500 Ross Street, Room 670, Pittsburgh, PA 15262-0001, Attn: FCC Module 
Supervisor.  Payment by wire transfer may be made to: ABA Number 043000261, receiving bank Mellon 
Bank, and account number 911-6229.  The payment should note NAL/Acct. No. 200732170072. 
12. The response, if any, must be mailed both to the Office of the Secretary, Federal 
Communications Commission, 445 12th Street, SW, Washington, DC 20554, ATTN:  Enforcement 
  
17 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).
18  See Carolina Liquidators, Inc., Notice of Apparent Liability for Forfeiture, 15 FCC 16,837, 16,842 (2000); 21st
Century Fax(es) Ltd., AKA 20th Century Fax(es), 15 FCC Rcd 24,406, 24,411 (2000).
19 See 47 U.S.C.  503(b)(4)(C); 47 C.F.R.  1.80(f)(3).
20 47 C.F.R.  1.80.
Federal Communications Commission FCC 07-147
5
Bureau  Telecommunications Consumers Division, and to Colleen Heitkamp, Chief, 
Telecommunications Consumers Division, Enforcement Bureau, Federal Communications Commission, 
445 12th 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 petitioners 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 20554.21
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 The Hot Lead LLC, Attention: Mr. 
Greg Horne, 16901 Dallas Parkway, Addison, Texas 75001 and  The Hot Lead Company, Attention:  Mr. 
Greg Horne, 1400 Preston Road #300, Plano, Texas 75903.  
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
  
21 47 C.F.R.  1.1914.
Federal Communications Commission FCC 07-147
6
APPENDIX
Complainant sent facsimile solicitations Violation Date(s)
Gary Ackerman 11/08/06; 01/20/07; 01/23/07
Lawrence H. Lee 09/14/06; 12/20/06; 12/26/06; 12/28/06; 
01/12/07; 02/04/07; 02/06/07
Elaine Brunen 08/17/06; 09/16/06; 10/18/06; 10/26/06;  
11/12/06; 11/19/06; 12/08/06; 12/28/06; 
01/11/07; 01/21/07; 01/22/07; 01/24/07; 
02/12/07; 02/18/07; 03/05/07
James Godfrey 12/22/06; 02/09/07
Jim Pelletier 10/16/06; 11/12/06; 12/10/06: 12/29/06; 
01/28/07; 02/23/07
Ato Mensah 11/12/06
Allen Greene 03/02/07
Eugene Zoglio 12/10/06; 01/16/07; 01/18/07; 12/17/06; 
01/13/07; 02/03/07; 02/04/07; 02/16/07; 
02/26/07; 03/03/07
Robert Reed 02/25/07; 02/27/07; 02/28/07
Patricia Glenn 03/02/07; 03/03/07; 03/08/07; 03/14/07; 
03/08/07
Van Wood 11/23/06; 01/10/07
Anne Sheafer 11/05/06
David Gamble 11/07/06
Regina Griffin 01/15/07; 01/17/07
John B. Agliano 11/02/06; 11/06/06; 11/07/06; 11/12/06;  
11/14/06; 11/19/06; 12/02/06; 12/03/06; 
12/10/06; 12/13/06; 12/28/06
Keith Nissen 01/10/07; 01/15/07; 01/26/07; 01/31/07; 
02/14/07; 02/20/07; 03/06/07
Bruce Becker 01/09/07
William Walker 11/26/06; 12/07/06; 12/15/06; 01/07/07; 
01/10/07; 01/31/07; 01/18/07; 01/22/07
Kathy Aquilino 01/11/07; 01/12/07; 01/23/07; 02/06/07; 
02/10/07
Min Chen 01/18/07; 02/14/07
Don Roberts 02/19/07
Dale OBrien 12/09/06
Randi Viola 12/10/06
Laura Palmberg 01/02/07; 02/05/07; 02/16/07; 03/20/07
Conor Soraghan 01/14/07; 01/15/07
Chris Franchetti Michaels 01/10/07
Deborah Silverstein 01/22/07
Rhona Flehinger 08/26/06; 09/04/06; 10/22/06; 10/28/06;  
11/02/06; 11/23/06 
Ben Jones 02/02/07
Maggie Church 01/16/07; 01/27/07
Robert Goodwin 02/17/06
Michael Hawkins 10/02/06; 10/05/06; 10/12/06; 10/18/06; 
11/04/06; 11/14/06; 11/17/06; 11/22/06;  
Federal Communications Commission FCC 07-147
7
11/29/06; 12/07/06; 12/11/06;  12/22/06; 
01/03/07; 01/04/07; 01/05/07
James Watson 01/25/07
John Rushing 02/03/07
Alan Lynchosky 11/06/06
Anthony Sellars 02/06/07
Dan Silva 01/03/07; 01/11/07; 02/01/07; 02/04/07; 
03/14/07
Ron Utterback 03/20/07
Alan Greene 12/05/06; 12/09/06; 12/28/06; 12/30/06; 
01/20/07; 02/18/07; 03/02/07
Michael Rosenblatt 03/01/07; 03/02/07; 03/03/07
Michael Lavelle 02/14/07
Harvey Dureyee 02/09/07
Joan K. Berna 01/05/07
Russell Owen 01/04/07; 01/16/07; 01/27/07; 01/29/07
Susan ONeill 02/05/07
Peter Skittone 12/01/06; 12/27/06
Chris DiPalma 12/31/06; 01/04/07
Nick Weaver 12/13/06
Brad Silverberg 12/14/06
Keith Hillman 01/02/07
Jon A. Cole 12/24/06; 12/28/06; 02/05/07; 03/10/07
Mike Slover 01/09/07
Karen Lee 11/23/06
Joe Crabb 11/11/06
Diane Howard 02/10/07; 02/17/07; 03/09/07
Frank Warner 01/30/07; 01/19/07; 02/11/07
Linda Griffith 11/11/06; 11/24/06; 12/02/06; 12/11/06;    
12/28/06
Wendy Gulla 02/06/07; 02/07/07; 02/24/07; 03/04/07; 
03/08/07
Edward ORourke 01/26/07; 02/13/07; 02/17/07
Lee Portnoff 01/30/07; 02/20/07; 03/03/07
Henry Perez 01/21/07; 01/26/07; 02/03/07
Judy Sherman 01/18/07
Julie Brown 01/08/07; 01/09/07
Greg Kielian 02/02/07; 02/04/07
Kenneth A. Bible 03/12/07
Carolyn Platz 10/28/06; 11/15/06; 11/15/06; 11/16/06; 
11/17/06; 12/02/06; 12/02/06; 12/10/06;
12/24/06; 12/26/06; 12/30/06; 01/12/07; 
01/23/07; 02/04/07; 02/11/07; 03/07/07
Focus Development Group 03/04/07
Jacqueline Keren 03/06/07
Judith Berke 02/01/07; 02/04/07
John Cassels 02/09/07
Linda L. Stillman 01/24/07
Dore Schcofler 01/16/07; 01/18/07; 01/22/07
Louis Neno 12/26/06
Bernard Shine 10/28/06; 11/17/06; 11/30/06; 12/04/06; 
Federal Communications Commission FCC 07-147
8
12/20/06
Michael Dormady 01/16/07
Patricia Connelly 12/20/06; 01/30/07
Erin Wheeler 03/27/07
Harold Hallikainen 03/29/07
Mark Rigby 03/22/07
Peter Bye 01/19/07
Linda Mantone 03/20/07
William Mcdonough 12/12/06; 12/13/06
Vincent Stona 11/13/06; 11/19/06; 11/28/06
Michael Wagner 01/22/07
Chad Roeger 02/10/07; 02/20/07; 03/11/07; 03/17/07
Martha Carbana 02/26/07
Garry Jaffe 02/15/07
Complainant sent facsimile solicitations after 
requesting no more be sent
Violation Date(s)
Murray McDole 08/15/06; 11/07/06; 11/14/06; 11/19/06; 
01/08/07; 02/03/07
Emil Bereczky 09/11/06; 10/08/06; 10/17/06; 11/07/06; 
11/19/06; 12/15/06; 12/17/06
Roberta Parkinson 02/05/07
Shaun Stuart 01/05/07; 02/03/07; 02/09/07; 02/13/07; 
02/14/07; 02/22/07;  02/28/07; 03/23/07; 
03/27/07
Marana Corn 09/01/06
Marvin Cheiten 11/12/06; 12/01/06; 12/04/06; 12/12/06; 
01/01/07; 01/06/07; 01/20/07; 01/23/07; 
02/14/07
David Kimmel 03/14/07; 03/14/07
Robert Josefek 10/16/06; 10/30/06; 11/02/06; 11/11/06; 
11/26/06; 11/27/06; 12/03/06; 12/09/06; 
12/13/06; 12/26/06; 12/27/06; 12/30/06; 
01/10/07; 01/31/07; 02/04/07; 02/16/06; 
02/22/07; 02/28/07; 03/22/07
James Sensenbach 08/16/06; 08/26/06; 09/05/06; 09/29/06; 
10/18/06; 10/26/06; 11/08/06; 11/17/06; 
11/26/06; 12/07/06; 12/11/06; 12/21/06;
01/02/07; 01/17/07; 01/19/07; 01/22/07
Pat Ng 03/06/07
Young Sun Lee 02/05/07
Jerry Jarrell 02/20/07; 02/24/07; 02/25/07
Danelle Davenport 09/16/06; 11/22/06; 12/19/06; 12/28/06; 
01/19/07
Fred Yohe 02/15/07
Mary Mikit 02/27/07; 03/05/07; 03/08/07
Michael Kormas 12/10/06; 12/16/06; 12/26/06; 01/05/07; 
01/27/07; 02/05/07
Lloyd Banton 01/13/07
Federal Communications Commission FCC 07-147
9
Flo Jordan 02/07/07; 02/09/07; 02/13/07; 02/27/07
Mark Pirkl 03/29/07; 03/29/07; 03/29/07
Peter Wentzel 03/27/07
Joe Stephan 03/13/07
Patricia Shiras 03/07/07
Ilya Epshteyn 03/01/07