The U.S. Federal Communications Commission (FCC) has taken action against a manufacturer for failing to include required consumer disclosures in its product manuals.
In a Notice of Apparent Liability for Forfeiture issued in August 2011, the Commission has proposed a forfeiture in the amount of $7200 against Marshall Amplification PLC for apparent willful and repeated violations of the Commission’s requirements that user manuals for Class B radio frequency devices include a discloser regarding the potential for the device to create harmful interference to radio communications.
According to the Commission, Marshall marketed its Model MG2FX amplifier in the United States beginning in September 2009 after verifying the device’s compliance with FCC requirements, but failed to include the requisite consumer disclosures in the product’s user manual. In response to FCC inquiries in July 2010, the company reported that efforts were underway to address the omission. However, user manuals with the requisite disclosures were not reprinted for the MG2FX until mid-2011.
FCC rules require that certain Class B digital devices marketed to the general public be verified for compliance with the Commission’s radio frequency limits to avoid harmful interference to authorized radio operations. In addition, user manuals for such devices must include a warning to consumers regarding their potential for interference, and recommended steps that can be taken to eliminate the interference. Willful or repeated violations of these requirements are subject to a forfeiture of up to $16,000 per each violation, or each day of a continuing violation, up to a maximum forfeiture of $112,500 for any single continuing violation.
