FCC Orders $2.96 Million Fine for TCPA Violations

In case a reminder is needed, TCPA violations may be brought by as enforcement actions by the FCC, as well as by private litigants.  The FCC issued a $2.96 million fine against a Florida travel club this week for making unsolicited, prerecorded advertising calls to consumers.  While the size of the fine alone is enough to grab your attention, consider this:  the identified violation was for 185 automated calls -- that's $16,000 per call.  The investigation was precipitated by complaints received by the FCC from Florida consumers complaining about automated calls they received advertising vacations.  In October of 2011, the FCC issued a Notice of Apparent Liability for Forfeiture to Travel Club Marketing, Inc., its related companies and its owner.  None of the parties challenged the finding that they made or initiated the calls at issue and none filed a timely response to the Notice.  As a result, an Order of Forfeiture was entered.  The parties have thirty days to make payment.