Saturday, April 30, 2005

FCC in 4/04 on complaints, enforcement and offshore operations

4/2/04 FCC letter

“… The Commission rejected 2 1 St Century’s claims that it was not subject to this prohibition because its faxes were sent from the United Kingdom or, alternatively, because its headquarters are within the UK. The Commission held that Section 227(b)( 1 )(C)’s language targeting activities “within the United States” covers bxes sent to the United States from off-shore locations so long as the sender has a presence in the United States, and that 2lSt Century’s systematic and continuous contacts in the United States werc sufficient to establish a presence for jurisdictional purpose. 21’‘ Century has not paid the forfeiture. In mid-2002 the Commission referred this case to the Department of Justice for collection. ...”

So, did they collect?

“… From January 2001 through mid-March 2004, the Commission received 24,243
complaints about unsolicited faxes. The Commission has initiated numerous enforcement actions against entities that have sent unsolicited fax advertisements.

From January 2001 through December 2003, Commission staff has issued 167 citations for such violations, and the Commission has imposed forfeitures against six companies totaling over $6.9 million. ...”