SEPARATE STATEMENT OF COMMISSIONER KATHLEEN Q. ABERNATHY

Re:  Fax.com Apparent Liability for Forfeiture, File No. EB-02-TC-120  (released 
August 7, 2002).

      I strongly support this Notice of Apparent Liability and hope that other fax 
broadcasters will take notice that the Commission will strictly enforce the Telephone 
Consumer Protection Act.  As set forth in detail in the NAL, Fax.com appears to have 
founded its business on the practice of sending unsolicited faxes in flagrant violation of 
the TCPA.  The record also suggests that Fax.com deliberately misled consumers 
regarding the company’s requirements and consumers’ rights under the TCPA.  Despite 
repeated warnings from the Commission and numerous consumer complaints, the 
company appears to have made no effort to mend its ways.  As a result, many consumers 
have been harassed in their homes and had their businesses disrupted by unwanted fax 
solicitations — and, adding insult to injury, were forced to pay for this privilege.  
      
      This NAL makes clear that the Commission will not tolerate such conduct; 
indeed, we propose to punish Fax.com to the maximum extent of our statutory authority.  
When I became a Commissioner, I pledged to protect consumers by stringently enforcing 
the Communications Act and the Commission’s rules.  I am proud that the Commission is 
taking this responsibility seriously and sending such a strong signal that companies 
cannot violate the law with impunity.