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May 9, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Pinnacle Funds LLC
Attn: Scott Redfox
726 South Casino Center Blvd.
Suite 207
Las Vegas, NV 89101
RE: EB-07-TC-1287
Dear Mr. Scott Redfox:
This is an official CITATION, issued pursuant to section 503(b)(5) of the
Communications Act of 1934, as amended (the Act), 47 U.S.C. S: 503(b)(5),
for violations of the Act and the Federal Communications Commission's
rules that govern telephone solicitations and unsolicited advertisements.
As explained below, future violations of the Act or Commission's rules in
this regard may subject you and your company to monetary forfeitures.
It has come to our attention that your company, acting under your
direction, apparently sent one or more unsolicited advertisements to
telephone facsimile machines in violation of Section 227(b)(1)(C) of the
Communications Act, as described in the attached complaint(s). Section
227(b)(1)(C) 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 a telephone facsimile machine, computer, or
other device to send an unsolicited advertisement to a telephone facsimile
machine." As relevant here, an "unsolicited advertisement" is "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." Under Commission
rules and orders in effect during the relevant period here, the Commission
considered an established business relationship between a fax sender and
recipient to constitute prior express invitation or permission to send a
facsimile advertisement. Mere distribution or publication of a fax number,
however, does not establish consent to receive advertisements by fax.
If, after receipt of this citation, you or your company violate the
Communications Act or the Commission's rules in any manner described
herein, the Commission may impose monetary forfeitures not to exceed
$11,000 for each such violation or each day of a continuing violation.
You may respond to this citation within 30 days from the date of this
letter either through (1) a personal interview at the Commission's Field
Office nearest to your place of business, (2) a written statement, or (3)
a teleconference interview with the Commission's Telecommunications
Consumers Division in Washington, DC. Your response should specify the
actions that you are taking to ensure that you do not violate the
Commission's rules governing telephone solicitation and unsolicited
advertisements, as described above.
Please contact Delores Browder at (202) 418-2861 to arrange for an
interview at the closest field office, if you wish to schedule a personal
interview. You should schedule any interview to take place within 30 days
of the date of this letter. You should send any written statement within
30 days of the date of this letter to:
Kurt A. Schroeder
Deputy Chief
Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission
445-12th Street, S.W., Rm. 4-C222
Washington, D.C. 20554
Reference EB-07-TC-1287 when corresponding with the Commission.
Reasonable accommodations for people with disabilities are available upon
request. Include a description of the accommodation you will need
including as much detail as you can. Also include a way we can contact you
Liberty Commercial Credit - Scott Redfox