FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,070
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Federal Communications Commission
had faxed unsolicited advertisements. AMS responded by stating that "American I Icalth Services" was
no longer in business and was "very sorry for any troubles this has caused both parties."
4. Thereafter, the Commission received additional complaints from consumers alleging that
AMS had faxed unsolicited advertisements. These violations, which occurred after the date of the
citation, resulted in the Bureau issuing two Notices of Apparent Liability for Forfeiture ("NALs") against
5. The Bureau issued the first NAL in September 2008, and proposed a forfeiture of
$4,500."' Thereafter, the Bureau sent both the complaint referenced in the NAL, as well as a second
complaint, to AMS.
6. In response to these complaints, AMS claimed that it had "correspondence from persons
at the companies who have complained but more than likely not from the person who filed the
complaint.""'' AMS went on to explain that it "would develop sales leads from our website, print
advertising or from various Internet companies for people who were shopping for [a] healthcare or
discount plan."'" With respect to the complaint referenced in the first NAL in particular, from S. Hardy at
All American Quality Foods, AMS claimed its contact was an owner of that company, and provided
contact information for that person." Concerning the second complaint, from D. Morris, AMS claimed
that the complainant's husband, T. Morris, was its contact, and again provided information for T.
7. The Bureau issued the second NAL in 2009, based on D. Morris's complaint, and stated
that AMS's knowledge of T. Morris's contact information "does not demonstrate that T. Morris actually
engaged in any inquiry, application, purchase or transaction with AMS."' The Bureau thus concluded
that AMS had not met its burden of demonstrating the existence of an established business relationship
and found AMS apparently liable for a second forfeiture in the amount of $4,500.
8. AMS responded to the second NAL and requested cancellation of the proposed
forfeiture."' In support, AMS provided: (I) an affidavit claiming a prior relationship with the Morris
family and the business "Realkids.com;" (2) Texas corporate records with information about the Morris
(...continued from previous page)
' Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications Consumers Division, Enforcement Bureau,
File No. EB-07-TC-1947, to AMS (June 26, 2007).
x Letter from Nick Braia, AMS, File No. EB-07--TC-1947, to Kurt Schroeder, Deputy Chief, Telecommunications
Consumers Division, Enforcement Bureau at 1 (dated July 17, 2007). American Health Services is the name
previously used by AMS.
American Medical Services, Notice of Apparent Liability for Forfeiture, 23 FCC Red 13853 (2008) ("N.4L I"),
American Medical Servics, Notice of Apparent Liability for Forfeiture, 24 FCC Red 1276 (2009) ("NAL 2")
"' NAL 1, 23 FCC Rcd 13853
1 Letter from Nick Braia, AMS, File No. EB-07-TC-1947, to Office of the Secretary at I (dated October 20. 2008).
I d., Exhibit A
'4 Id. Exhibit B.
SNAL 2. 24 FCC Red at 1279 para. 6.
' Letter from Nick Braia, AMS. File No. EB-07-TC-1947. to Otffice of the Secretary (dated March 19.2009).
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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/m1/94/: accessed October 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.