SURG 8-K
SurgePays, Inc. (SURG)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
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Item 8.01. Other Events.
SurgePays, Inc. (the “Company”) is aware of incorrect information that has been circulated on the internet regarding the Company’s subsidiary, Torch Wireless, a Wyoming corporation (“Torch”), in connection with a Notice of Apparent Liability for Forfeiture (the “NAL”) sent by the Federal Communications Commission (the “FCC”) to Torch on or about July 22, 2026. According to the incorrect information that has been circulated, “the company has either been stonewalling, delaying, or flat out refusing to cooperate with the FCC.”
Such information is incorrect. Torch and its counsel have directly coordinated with FCC staff to address technical issues with the FCC’s document submission portal. Torch responded timely to the FCC’s initial March 11, 2026 Letter of Inquiry (the “LOI”) with a 28-page letter sent to the FCC on May 15, 2026, responding in substance to the matters in the LOI. In addition, Torch believed responsive documents were timely submitted by Torch’s counsel to the FCC on or about June 3, 2026, and the FCC did not indicate otherwise until issuing the NAL on July 22, 2026. Upon notification, Torch promptly re-uploaded documents, which the FCC has since confirmed it received. The NAL concerns only the timeliness of document submission, not the substance of Torch’s response or any alleged misconduct. The proposed forfeiture by the FCC in the NAL relates solely to the alleged late submission, calculated on a per-day basis. Torch maintains it acted in good faith, remains in compliance, and intends to address the timing issue directly with the FCC. Furthermore, Torch disputes the basis of the NAL and intends to seek its withdrawal or pursue legal remedies if necessary.
The information furnished in this Item 8.01 is intended to be considered in the context of more complete information included in the Company’s filings with the Securities and Exchange Commission (the “SEC”) and other public announcements that the Company has made and may make from time to time by press release or otherwise. The Company undertakes no duty or obligation to update or revise such information, although it may do so from time to time as its management believes is appropriate. Any such updating may be made through the filing of other reports or documents with the SEC, through press releases or through other public disclosures.
The information contained in this Item 8.01 of this Current Report on Form 8-K is being furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that Section, nor shall such information be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly set forth by specific reference in such filing.
Disclosure Regarding Forward-Looking Information
This Current Report on Form 8-K contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements include, but are not limited to, statements regarding the Company’s beliefs and expectations relating to intentions with respect to timing issues of Torch’s submissions to the FCC and the withdrawal of the NAL. These forward-looking statements are based on the current beliefs and expectations of the Company’s management with respect to future events, only speak as of the date that they are made and are subject to significant risks and uncertainties. Such statements can be identified by the use of words such as “should,” “go-forward,” “future,” “anticipates,” “believes,” “estimates,” “expects,” “intends,” “plans,” “predicts,” “will,” “would,” “could,” “continue,” “can,” “may,” “look forward,” “aim,” “hopes,” and similar terms, although not all forward-looking statements contain such words or expressions. Actual results could differ significantly from those set forth in the forward-looking statements.
Important factors that may cause actual results to differ materially from those in the forward-looking statements include, but are not limited to, the factors contained in the “Risk Factors” section and elsewhere in the Company’s filings with the SEC from time to time, including, but not limited to, its Annual Report on Form 10-K and its Quarterly Reports on Form 10-Q. The Company does not undertake to update any forward-looking statements to reflect changed assumptions, the impact of circumstances or events that may arise after the date of the forward-looking statements, or other changes over time, except as required by law.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this Report to be signed on its behalf by the undersigned hereunto duly authorized.
| SURGEPAYS, INC. | ||
| Date: July 29, 2026 | By: | /s/ Kevin Brian Cox |
| Name: | Kevin Brian Cox | |
| Title: | Chief Executive Officer | |