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Restrictions on use of telephone equipment

TCPA Table of Contents
Read the Full TCPA
A. Definitions of the TCPA
B. Restrictions on use of automated telephone equipment
C. Protection of subscriber privacy rights
D. Technical and procedural standards
E. Effect on State law
F. Actions by States
G. Junk fax enforcement report


(g) Junk fax enforcement report


The Commission shall submit an annual report to Congress regarding the enforcement during the past year of the provisions of this section relating to sending of unsolicited advertisements to telephone facsimile machines, which report shall include—
    (1) the number of complaints received by the Commission during such year alleging that a consumer received an unsolicited advertisement via telephone facsimile machine in violation of the Commission's rules;

    (2) the number of citations issued by the Commission pursuant to section 503 of this title during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines;

    (3) the number of notices of apparent liability issued by the Commission pursuant to section 503 of this title during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines;

    (4) for each notice referred to in paragraph (3)—
      (A) the amount of the proposed forfeiture penalty involved;
      (B) the person to whom the notice was issued;
      (C) the length of time between the date on which the complaint was filed and the date on which the notice was issued; and
      (D) the status of the proceeding;

    (5) the number of final orders imposing forfeiture penalties issued pursuant to section 503 of this title during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines;

    (6) for each forfeiture order referred to in paragraph (5)—
      (A) the amount of the penalty imposed by the order;
      (B) the person to whom the order was issued;
      (C) whether the forfeiture penalty has been paid; and
      (D) the amount paid;

    (7) for each case in which a person has failed to pay a forfeiture penalty imposed by such a final order, whether the Commission referred such matter for recovery of the penalty; and

    (8) for each case in which the Commission referred such an order for recovery—
      (A) the number of days from the date the Commission issued such order to the date of such referral;
      (B) whether an action has been commenced to recover the penalty, and if so, the number of days from the date the Commission referred such order for recovery to the date of such commencement; and
      (C) whether the recovery action resulted in collection of any amount, and if so, the amount collected.


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