Washington, DC -- The
Commission today announced it has proposed an $85,500 forfeiture
against Get-Aways, Inc. (Get-Aways) for apparently violating the
Telephone Consumer Protection Act of 1991 (TCPA) and the
Commission's rules implementing that Act. Get-Aways has 30 days to
either pay the forfeiture or show why it should be reduced or not
imposed. The proposed forfeiture addresses Get-Aways' continued
practice of faxing unsolicited advertisements to telephone facsimile
machines even though the Commission had previously issued a citation
to Get-Aways in July 1999. That citation informed Get-Aways that its
unsolicited fax advertisements violate federal law and that
subsequent faxes could result in monetary forfeitures.
In today's Notice of Apparent Liability (NAL), the Commission
determined that Get-Aways apparently violated the TCPA and FCC rules
by sending 19 unsolicited fax advertisements for vacation packages
to eight consumers since July 19, 1999, the day Get-Aways received
the Commission's citation. The Commission found that Get-Aways had
engaged in a disturbing pattern of disregard for the Communications
Act and the FCC's rules and orders, which prohibit any person or
entity from faxing unsolicited advertisements to either a business
or residential facsimile machine. Get-Aways continued to send faxes
to companies that specifically had requested to be removed from Get-Aways
distribution list. The Commission concluded that Get- Aways is
apparently liable for $4500 for each of the 19 documented violations
for a total forfeiture amount of $85,500. This action is the first
forfeiture issued by the Commission involving the TCPA and the FCC's
telemarketing rules.
The TCPA which is contained in section 227 of the Communications
Act limits unsolicited advertisements that use automatic telephone
dialing systems, artificial (computerized) or prerecorded voice
messages, and fax machines. The TCPA also directed the Commission to
adopt regulations to protect residential telephone subscribers'
privacy rights to avoid receiving other unwanted telephone
solicitations. The FCC's telemarketing rules implementing the TCPA
took effect December 20, 1992.
During the past year, the Commission has received nearly 1,400
letters from consumers involving telemarketing practices subject to
the TCPA; over 90% of those letters pertained to unsolicited faxes.
The Commission therefore, is intensifying its enforcement and
consumer education efforts to ensure that consumers are protected
from intrusive and illegal telemarketing practices. In addition to
taking action against Get-Aways, the Commission has issued citations
to many other vendors who have sent consumers unsolicited fax
advertisements. Consumers who have questions about their rights and
responsibilities under the TCPA and the Commission's telemarketing
rules should contact the Consumer Information Bureau or visit the
Commission's web site at www.fcc.gov.
Action by the Commission December 15, 1999, by Notice of Apparent
Liability for Forfeiture (FCC
99-391). Chairman Kennard and Commissioners Ness, Furchtgott-Roth,
Powell, and Tristani.
Report No. EN 99-1
