*Pages 1--1 from C:\Pdf2Text\Ready4Text_in\pdf\51535.pdf* August 31, 2005 A(: TION COLLECTION AGENCY of Boston Office of the Secretary I I ATT: OCBO Federal Communications tommission th , 445 12 Street, S. W. Washington, DC 20554 P. O. Box 902 Middleboro MA 02346- 0902 RE: Request for comment regarding possible revision or elimination of rules under the Regulatory Flexibility Act DA- O5- 1524 My name is Jay Gonsalves, and I am the President of Action Collection Agency of Boston located in Middleboro, MA. I am the owner of a small business that has been substantially harmed as a result of the Federal Communications Commission's regulatory decision under the Telephone Consumer Protection Act (" TCP A") that small businesses, such as mine, cannot use predictive dialers to call wireless numbers when attempting to recover delinquent payments for goods or services received by consumers. 508- 923- 0310 800- 478- 7421 Fax: 508- 923- 0535 Web: I am aware that ACA International (" ACA ") has filed a written comment with the Commission regarding this issue in response to the Commission's request for comments on the possible revision or elimination of rules under the Regulatory Flexibility Act, 5 U. S. C. § 610 (" RFA"), in proceeding DA- 05- l524. See FCC Seeks Comment Regarding Possible Revision or Elimination of Rules Under the Regulatory Flexibility Act, DA- 05- 1524 (May 31; 2005). lfully, support ACA's comment and the relief the Association seeks, including ACA's characterization of the hann visited upon small businesses as a result of the Commission's rule. www. actioncollection. com To the extent that my company uses predictive dialers, we do so to complete transactions for which consumers have obtained a benefit without payment. We do not telemarket. The Commission should not permit its regulations to be used as a shield to encourage the non-payment of debts. Doing so harms small businesses, the economy, as well as consumers. Collection results, As it stands today, my company faces serious financial hardship due to the Commission's regulatory reversal that creditors and debt collectors cannot use predictive dialers to call a wireless number to attempt to recover outstanding payment obligations. The Commission's rule requires small companies, at great cost, to fundamentally alter our business models to reduce or remove our reliance on predictive dialers. It also needlessly subjects us to federal enforcement and private litigation risk, even though Congress never intended such an outcome. Not promises. Since 1967. For these reasons, I encourage the Commission to promptly clarify that autodialer calls to wireless numbers to attempt to recover payment obligations are not covered by the TCP A regulations for the reasons expressed by ACA. "' Sincerely, ACTION COLLECTION; AGENCY OF BOSTON 4- "',. ' President ,; ' I. A division of ACTION COLLECTION AGENCIES, INC. 1