QUOTE(Kim @ Nov 1 2004, 06:32 PM)
PLAINTIFF'S ASSISTANT: TCPA CITATION HUNTER
New Search List All Citations FCC Enforcement Bureau Contact John
This was sent to them.
________________________________________
FCC Enforcement Bureau file #EB-03-TC-003
Published 11 Mar 2003
Adapted from
http://www.fcc.gov/eb/Orders/2003/DOC-231937A1.html.
PDF version at
http://hraunfoss.fcc.gov/edocs_public/atta...OC-231937A1.pdf.
FEDERAL COMMUNICATIONS COMMISSIONWASHINGTON, D.C. 20554
March 11, 2003
Express Consolidation, Inc.
413 - N.E. 3rd Street
Delray Beach, Florida 33483
Attn: Randall L. Leshin, Esq., President/Dir.
Express Consolidation, Inc.
506 N.E. 5th Avenue
Delray Beach, Florida 33483
Attn: Randall L. Leshin, Esq., President/Dir.
Delray Funding Corporation 1
504 N.E. 5th Avenue
Delray Beach, Florida 33483-5600
Attn: James J. Atwood, President
Tom Eichas, Chmn. of Board
Rick Fletcher
Randall L. Leshin, Esq. Agent
Randall L. Leshin, Esq.
1921 E. Atlantic Boulevard
Pompano Beach, Florida 33060-6651
RE: EB-03-TC-003
Dear Correspondents:
This is an official CITATION issued pursuant to section 503(

(5) of the Communications Act of 1934, as amended (the Act), for violations of the Act and the Federal Communications Commission's rules that govern telephone solicitation.2
It has come to our attention that your company has delivered one or more prerecorded unsolicited advertisements to residential telephone lines (see attachment). The Act and the Commission's rules prohibit transmission of unsolicited advertisements through prerecorded messages to residential telephone lines except under the very limited circumstances described in the rules.3 The term ``unsolicited advertisement'' is defined in the Communications Act and the Commission's rules as ``any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission.''4 The attached information provided to the Commission indicates that your company delivered such unsolicited advertisements, through prerecorded messages, to one or more residential telephone subscribers who do not have an established business relationship with your company and had not expressly invited or authorized the call(s). Those actions violate section 64.1200(a)(2) of the Commission's rules.
Separately, it appears that your company may have violated other Commission rules governing prerecorded messages and telephone solicitation. Under section 64.1200(e)(2)(iv), any telephone solicitation - whether live or prerecorded - must provide the called party with the name of the individual caller, the name of the person or entity on whose behalf the call is being made, and an address or telephone number (which may not be for an autodialer or prerecorded message player) at which the person or entity may be contacted.5 According to the attached information received by the Commission, it appears that your telephone solicitation did not contain all the required information.
Please be advised that subsequent violations of the Communications Act or of the Commission's rules of the type described herein may result in the imposition of monetary forfeitures not to exceed $11,000 for each such violation or each day of a continuing violation. 6
Pursuant to section 503(

(5) of the Communications Act, you may request a personal interview at the Commission's Field Office nearest to your place of business. The nearest office appears to be the Tampa Office at 2203 North Lois Avenue, Suite 1215, Tampa, Florida 33607-2356, which you can contact by telephone at (813) 348-1741. You must schedule this interview to take place within 21 days of the date of this citation. Alternatively, you may submit a written statement to the following address within 21 days of the date of this citation:
If you want to find out more about 514-958-0000 you can call Randal L Leshin @ 954-941-9711. He is the chairman of Express Cosolidated , the company that is making all the calls that have 514-958-0000 on thier call display. Express your concerns and maybe he will stop.