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 ~  Commercial  Check  LinksM 
 August  31,2005 


 Office  of  the  Secretary 
 A1T:  OCBO  Federal  Communications  Commission 


 445  12th  Street,  S.  W.  Washington,  DC  20554 


 RE:  Request  for  comment  regarding  possible  revision  of  elimination  of  rules 
 under  the  Regulatory  Flexibility  Act  DA-  O5-  1524 


 My  name  is  Gwen  Kuykendall,  and  I  am  the  VP  of  Central  Credit  Corp.  located 
 in  Colorado.  I  am  the  VP  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. 


 I  am  aware  that  ACA  International  ("  ACA  ")  has  filed  a  written  conunent  with  the  Commission  regarding  this  issue  in  response  to  the  Commission's  request  for 
 conunents  on  the  possible  revision  or  elimination  of  rules  under  the  Regulatory  Flexibility  Act,  5  V.  S.  C.  610  ("  RFA"),  in  proceeding  DA-  05-  l524.  See  FCC 
 Seeks  Conunent  Regarding  Possible  Revision  or  Elimination  of  Rules  Under  the  Regulatory  Flexibility  Act,  DA-  O5-  1524  (May  31,2005).  I  fully  support  ACA's 
 conunent  and  the  relief  the  Association  seeks,  including  ACA's  characterization  of  the  harm  visited  upon  small  businesses  as  a  result  of  the  Conunission'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  Connnission  should  not  permit  its  regulations  to  be  used  as  a  shield  to  encourage  the  nonpayment  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  the  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. 
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 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  regulations  for  the  reasons 


 expressed  by  ACA. 


 /  \  Sincerely, 
 ?==~":;~  I  Gwen  Kuykendaifj~  Vice  President  of  Operations  CENTRAL  CREDIT  CORPORA  nON 
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