P&M Consulting Inc./Marktel, Inc.

Ben Livingston
PO Box 95227
Seattle, WA 98145
206-729-1472

May 23, 2004

Joanne Jacobs
Marktel, Inc.
P & M Consulting, Inc.
11700 Pennsylvania Ave
Kansas City, MO 64114

Dear Ms. Jacobs,

On April 21, 2004, I received a recorded telemarketing call from your company. As you may know, these calls are illegal under Title 47 § 227(b) of the United States Code. They are also illegal under Chapter 80.36.400 of the Revised Code of Washington. Both of these laws provide for a private right of action and the damages are presumed to be $500 per call.

I am willing to settle this matter out of court for the sum of $400, payable to Ben Livingston at the address above. For your convenience, I have enclosed two copies of a proposed settlement agreement. If the language is to your satisfaction, please sign them both and mail one to me along with the settlement payment. If the language is not to your satisfaction, please contact me to discuss possible modifications.

If I don't hear from you by Tuesday, June 15, 2004, I will assume that an out-of-court settlement is not possible and will file suit in King County District Court for $500 in damages plus court and service fees.

Please don't hesitate to contact me if you would like to discuss this matter.

Sincerely,

Ben Livingston

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