FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,737
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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: EB-09-TC-452
Worldwide Industrial Enterprises, Inc. ) NAL/Acct. No.: 201132170018
Apparent Liability for Forfeiture ) FRN: 0020765145
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: April 7, 2011 Released: April 7, 2011
By the Commission:
I. In this Notice ofApparent Liability for Forfeiture ("NAL"), we find that Worldwide
Industrial Enterprises, Inc. ("Worldwide")i apparently willfully and repeatedly violated section 227 of the
Communications Act of 1934, as amended ("Act"), and section 64.1200(a)(3) of the Commission's rules
("Rules") and the Commission's related orders, by delivering 17 unsolicited advertisements, or "junk
faxes," to the telephone facsimile machines of 17 consumers.2 Based on the facts and circumstances
surrounding these apparent violations, we find that Worldwide is apparently liable for a forfeiture in the
amount of $87,500.
2. The Telephone Consumer Protection Act of 1991 ("TCPA") 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 fax machines
unavailable for legitimate business messages. Section 227(b) I)(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.'
' According to publicly available information, Worldwide has offices at 720 Shore Road, Lindenhurst, NY 11767
and 656 Wellwood Avenue, Lindenhurst, NY 11757. Frank Tantalo, CEO, is listed as the contact person fotr
Worldwide. Accordingly, all references in this NAL to "Worldwide " also encompass the foregoing individual and
all other principals and officers of this entity, as well as the corporate entity itself.
2 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
STelephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat. 2394, codifiedat 47 U.S.C. 227.
See also Junk Fax Prevention Act of 2005, Pub. L. No. 109-21. 119 Stat. 359 (2005).
4 47 U.S.C. 227(bX1)(C). The prohibition is subject to certain exceptions, such as if the sender has an "established
business relationship" ("EBR") with the recipient; and the sender obtained the tfacsimile number from the recipient
through voluntary communication in the context of an EBR, or from a directory, advertisement, or site on the
Internet to which the recipient voluntarily and publicly provided its facsimile number. In addition, the unsolicited ad
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/909/: accessed October 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.