--- title: "FCC Preparing Multiple \"Junk Fax\" Enforcement Actions" date: 2010-08-29T18:28:31-04:00 author: Import Bot canonical_url: "https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/fcc-preparing-multiple-junk-fax-enforcement-actions" section: Blog Posts --- # FCC Preparing Multiple ​“Junk Fax” Enforcement Actions August 29, 2010 There has not been an official announcement, but indications are strong that the FCC is planning soon to issue a number of forfeitures and proposed forfeitures for the sending of so-called ​“junk faxes.” Under the Telephone Consumers Protection Act of 1991 (“TCPA”), it is unlawful to send ​“unsolicited advertisements” via facsimile. In the past two weeks, [the Enforcement Bureau has begun ​“circulating” 11 new orders](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/blogs/comm-law-monitor/2010/08/circulate-weekly-082710.pdf) that appear to be junk fax enforcement orders. (Circulation is the process of submitting an order for a vote by the Commission.) The Commission, rather than the Bureau, must vote on all proposed fines above $100,000, so one may presume that each item involves a significant fine. Significant fines also are likely because several of the subjects of the draft enforcement orders have histories of prior FCC enforcement actions. One company -- The Hot Lead LLC -- received a fine of $2.5 million in 2008 for junk faxes. Pending against it are four proposed fines, of $739,500, $695,000, $47,000 and $51,500. Another company -- Sunstar Travel and Tours -- received a fine of $169,500 in 2008 and has a proposed fine of $136,000 pending now. In addition, one potential action appears to be against an alleged ​“fax broadcaster.” If issued, it would be the first proposed forfeiture issued under the Commission’s ​“high degree of involvement” standard for fax broadcaster liability. **Caveat**: Circulation of an item does not necessarily indicate impending action by the FCC. Four apparent ​“junk fax” orders began circulating in June 2009. 14 months later, those orders remain under consideration. **UPDATE 9/3/10:** The FCC is beginning to release the orders. On Thursday, it released a Notice of Apparent Liability against [Clean Credit, Inc.](http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0902/FCC-10-156A1.pdf) in the amount of $528,000. The Commission imposed the statutory maximum penalty of $16,000 per violation because > “Clean Credit has exhibited a flagrant disregard for the TCPA and the Commission’s rules and orders, with a lengthy history of violations, and an ongoing pattern of violations extending to as recently as a few months ago.” If the Commission similarly applies the $16,000 maximum forfeiture to the remaining investigations, multi-million dollar forfeitures are on the way. **Tags:** [Clean Credit](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/clean-credit), [enforcement](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/enforcement), [Fax broadcaster](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/fax-broadcaster), [Hot Lead](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/hot-lead), [Inc.](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/inc), [Junk fax](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/junk-fax), [Sunstar Travel](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/sunstar-travel), [TCPA](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/tcpa) - Share this entry - - - - - [ View entry pdf ](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/pdf-snapshots/fcc-preparing-multiple-junk-fax-enforcement-actions-20230914234119.pdf) ### Search Blog ### Subscribe ### Explore Topics - [Enforcement, Investigations & Audits](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/enforcement-investigations-audits) ### Related Services - [Communications](https://www.kelleydrye.com/industries/communications)