FCC Upholds $1.84 Million Junk Fax Fine, Rejecting Reconsideration Petition
Junk faxer Scott Malcolm and his DSM Supply and Somaticare companies failed to show the $1.84 million fine levied by the FCC (see 1602180064) violates the Excessive Fines Clause of the Eighth Amendment, the agency said in an order on…
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reconsideration Thursday, rejecting Malcolm's petition for reconsideration of the fine size. It said Malcolm should have raised the fine amount matter when issued a notice of apparent liability, and his petition for reconsideration didn't meet the burden of showing the forfeiture imposed is unconstitutionally excessive. Commissioner Mike O'Rielly dissented in part. Malcolm didn't comment.