Section 1003.620 - Determinations regarding the amount of penalties(a) In considering the factors listed in § 1003.140 , the following circumstances are to be considered-(1) The nature and objective of the advertisement, solicitation, or other communication and the degree to which it had the capacity to deceive members of the public;(2) The frequency and scope of the violation and whether a specific segment of the population was targeted; and(3) The prior history of the individual, organization, or entity in its willingness or refusal to comply with a formal or informal request to correct violations.(b) The use of a disclaimer of affiliation with the United States Government, the Department, or its programs will not be considered as a mitigating factor in determining the amount of penalty in accordance with § 1003.600(a) .