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 AAMS  August  31,  2005 
 Office  of  the  Secretary  ATT:  OCBO 
 Federal  Communications  Commission  445  12  th  Street,  S.  W. 
 Washington,  DC  20554 
 RE:  Request  for  comment  regarding  possible  revision  or  elimination  of  rules  under  the  Regulatory  Flexibility  Act  DA-  05-  1524 


 My  name  is  Luke  Gruber,  and  I  am  the  Chief  Operating  Officer  of  AAMS  located  in  Iowa.  I  am  one  of  the  owners  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  (“  TCPA”)  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. 


 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-  1524.  See  FCC  Seeks  Comment  Regarding  Possible  Revision  or  Elimination 
 of  Rules  Under  the  Regulatory  Flexibility  Act,  DA-  05-  1524  (May  31,  2005).  I  fully  support  ACA’s  comment  and  the  relief  the  Association  seeks,  including  ACA’s  characterization  of  the 
 harm  visited  upon  small  businesses  as  a  result  of  the  Commission's  rule. 
 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. 


 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. 


 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  TCPA 
 regulations  for  the  reasons  expressed  by  ACA. 
 Sincerely, 


 Luke  Gruber 
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