*Pages 1--2 from Microsoft Word - 51608* Kirk & Newman A Limited Liability Company ________________________________________________________________________ ______ 1500 Market Street phone: (877) 579- 8206 12 th Floor, East Tower fax: (215) 525- 1417 Philadelphia, PA 19102- 2197 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 Raymond G, Fragassi and I am the President of Kirk & Newman located in Pennsylvania. 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 (“ 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 auto dialer calls to wireless numbers to attempt to recover payment obligations are not covered by the TCPA regulations for the reasons expressed by ACA. 1 Sincerely, Raymond G. Fragassi President Kirk & Newman Receivable Management & Call Center Solutions------------------------------- Best In Class Result, For Best In Class Partners Raymond G. Fragassi, ACE President Kirk & Newman, LLC 1500 Market Street 12th Floor, East Tower Phila., PA. 19102- 2100 RGFragassi@ Kirk- Newman. com www. Kirk- Newman. com tel: fax: mobile: 215- 665- 5635 215- 525- 1417 215- 595- 6131 Add me to your address book... Want a signature like this? This communication and any of its attachments constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510, and its disclosure is strictly limited to the recipient( s) intended by the sender of this message. This communication and any of its attachments may contain confidential and privileged material for the sole use of the intended recipient( s) and the receipt by anyone other than the intended recipient( s) does not constitute a loss of the confidential or privileged nature of the communication or any of its attachments. Any interception, review, retransmission, dissemination, or other use of, or taking any action upon this information by persons or entities other than the intended recipient( s) is strictly prohibited and may result in criminal or civil liability. If you have received this communication in error, please contact us immediately at 1- 877- 579- 8206 or by return electronic mail to Compliance@ Kirk- Newman. com and delete all copies of this communication and any of its attachments. Thank you. 2