FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,069
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Federal Communications Commission
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: EB-07-TC-1947
American Medical Services ) NAL/Acct. Nos.: 200832170076 and
f/k/a American Health Services ) 200932170015
) FRN: 0018140012
Adopted: October 27, 2011 Released: October 27, 2011
By the Chietf, Enforcement Bureau:
I. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of
$9,000 against American Medical Services ("AMS") for willful and repeated violations of section
227(b)(1)(C) of the Communications Act of 1934, as amended ("Act"),' and section 64.1200(a)(3) of the
Commission's rules, by delivering two unsolicited advertisements, or "junk faxes," to the telephone
facsimile machines of two consumers.
2. The 'elephone Consumer Protection Act of 1991 was enacted by Congress to address
problems of abusive telemarketing, including junk faxes.' Unsolicited faxes often impose unwanted
burdens on the called party, including costs of paper and ink, and making tfax machines unavailable for
legitimate business messages. Section 227(b)( )(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.' The prohibition, however, does not apply if certain conditions are
satisfied, such as when the sender has an "established business relationship" with the recipient.
3. Pursuant to section 503(b)(5) of the Act." the Enforcement Bureau ("Bureau") issued a
junk fax citation7 to AMS on June 26, 2007, in response to two consumer complaints alleging that AMS
47 U.S.C. 227(b)(1)(C).
- 47 C..R. 64.1200(a)(3).
Telephone Consumer Protection Act of 1 991. Pub. L. No. 102-243, 1()5 Stat. 2394, codified a amended ar 47
U.S.C. 227 (2009). See alo Junk Fax Prevention Act of 2005 Pub. L. No. 109-2 1, 119 Stat. 359 (2005).
47 U.S.C. * 227(b)(l)(C)
Id For a deinition o"established business relationship" and a discussion of the exception. .ee mi/ra para. 10.
' 47 U.S.C. 503(b)(5) (requiring the Commission to issue a citation fbr a violation to a person who does not hold a
license, permit, certificate or other authoriation issued by the Commission, who is not an applicant for any such
instrumentality, and who is not engaged in any acti, ties tor which such instrumentality is necessary, before
imposing a fiorfeiture for a violation against such a person).
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/93/: accessed June 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.