*Pages 1--2 from Microsoft Word - 51604* 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 Marti Lythgoe, and I am the Marketing Manager of Information Access Technology located in Salt Lake City, Utah. I work for a company that sells predictive dialers and 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 the collection agencies to whom we sell predictive dialers, 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 our customers use predictive dialers, they do so to complete transactions for which consumers have obtained a benefit without payment. They do not telemarket, nor do we. 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 their business models to reduce or remove their 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, Marti S. Lythgoe Marketing Manager 1 marketing@ iat- cti. com (800) 574- 8801 - Ext. 260 (801) 265- 8800 - FAX (801) 265- 8880 1100 E. 6600 S., Suite #300 Salt Lake City, UT 84121 IAT = Predictive Results! This e- mail is intended only for the addressee and may contain confidential and/ or privileged information. Any review, retransmission, or action taken upon this information by persons other than the intended recipient is prohibited by law. If you received this communication in error, please contact us immediately at 801- 265- 8800. Although this e- mail and any attachments are believed to be free of any virus or other defect, it is the responsibility of the recipient to ensure that anything received or opened is virus free. No responsibility is accepted by IAT for any loss or damage in the event that such a virus or defect exists. 2