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 Afni,  Inc. 
 John  O'Donnell  309.820.2906  Direct 


 309.820.2637  Fax 
 johnodonnell@  afninet.  com 


 September  7,  2005 
 Office  of  the  Seqretary  ATT:  OCBO  ! 


 Federal  commu  t  ications  Commission  445  12th  Street,  S.  W. 
 Washington,  DC  ,20554 
 RE:  Request  for  comment  regarding  possible  revi~  iion  or  E~  limirlation  of  rules  under  the 
 Regulatory  Flexibility  Act  DA-  O5-  1524 


 Our  company,  Afni,  Inc.,  has  been  in  the  business  of  collecting  debt  since  1936.  We  have 
 been  harmed  as  a  result  of  the  Federal  Communications  Commission's  regulatory 
 decision  under  the  Telephone  Consumer  Protection  Act  ("  TCPA"  j  that  businesses,  such  as 
 ours,  cannot  use  predictive  dialers  to  call  wireless  numbers  when  attempting  to  recover 
 delinquent  payments  for  goods  or  services  received  by  consumers. 


 We  are  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-  1524.  We  fully  support  ACA's  comment  and  the  relief 
 the  Association  seeks,  including  ACA's  characterization  of  the  harm  visited  upon 
 businesses  as  a  result  of  the  Commission's  rule. 


 To  the  extent  that  our  company  uses  predictive  dialers,  we  do  so  to  complete  transactions  for  ~hich  consumers  have  obtained  a  benefit  without  payment.  We  do  not 
 telemarket.  The  q::  ommission  should  not  permit  its  regulations  to  be  used  as  a  shield  to  encourage  the  ~on-  payment  of  debts.  Doing  so  harms  businesses,  the  economy,  as  well 
 as  consumers. 
 The  Commission'~  rule  requires  companies,  at  great  cost,  to  fundamentally  alter  ol)  r 
 business  models  to  reduce  or  remove  our  reliance  on  predictive  dialers.  It  also  needlessly  I 
 subjects  us  to  fecjleral  enforcement  and  private  litigation  risk,  even  though  Congress 
 never  intended  ~uch  an  outcome. 


 For  these  reasons,  we  encourage  the  Commission  to  promptly  clarify  that  autodialer  calls 
 to  wireless  numbers  to  attempt  to  recover  payment  obligations  are  not  covered  by  the 
 TCPA  regulations  for  the  reasons  expressed  by  ACA.  I 


 Sincerely, 


 John  O'Donnell 
 Vice  President 


 Bloomington,  IL  61701  www.  afniupsourcing.  com  Afni,  Inc;:,  404  Brock  Drive 
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