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 August  30,  2005 
 Office  of  the  Secretary 
 A  TT:  OCBO 
 Federal  Communications  Commission 
 445  12th  Street,  S.  W. 
 Washington,  DC  20554 


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


 My  name  is  Byron  Chafin  and  I  am  the  VP  of  Sales  for  Receivable  Solutions,  Inc  located  in 
 Columbia,  South  Carolina.  My  ability  to  acquire  more  business  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  cannot  use  predictive  dialers  to  call  wire 
 less  numbers  when  attempting  to  recover  delinquent  payments  for  goods  or  services  received  by  i  consumers.  ' 


 I  ~  awar,  e,  that  ACA  Int~  rnational  ("  ACA").  has  filed  a  written  comment  with  the  d0~  issi9n 
 regarding  this  issue  in  response  to  the  ~ommissionfs  request  for  corilriients  on  thepossibierevision  ,  "  '  , 
 !J;  Lelimination  ofrul~  s,~  4er  th~  RegulatoryR.  1exibility  Act,;  5i  ,  ,",  "  .,  "',  .,  .,  i  'C  ,  ,  '.. 


 ,V.  S.  C;.  §  61P,{~~  RFA,  '1)"  in."  procoodmgDA..  05,:,  1524;  SeeFCC!  Seeks'Co~  ent~  egard,  i?  g,  rossible  "Revision  or  Eli~  in~  tion,  of,  RulesUnder,  the  Regulatoty:  F.  1exibility  Att,  DA-  O5-  1524  (M~  y  3),  , 
 ,  "  " 
 2005).  I  fully  ~upport  AQA's  comment  and  the  relief1hei  Association  'seeks,  including  :ACA'  s 


 charact~  rization  of  the  h~  ,:  visited  upon  small  businesses  as  a  result  of  'the:  C'ommis~  ionfs  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  st~  ds  today.  my  COl1lpany  faces  serious  financial  hardship  due  tdthe'  Comri1iss~  on'  s 
 regulatory  r~  versal  that'  creditors  and  debt  collectors  cannot  use  predictivedialbrs'.  to  'call  a  wireless 
 qumber  ~o...  attempt  t.  o  recover  O;  utstandingpayrnentobligations.  I  am  surethatY°  1:  i~~  aware  that, 
 the  Commissi9nal,  1tho:  ri~  d  ther:  consumer  to  change  their  }andlirienumoet  to  their  wireles's  phone. 
 We  have  po  means  to  ,identifyi  a,  number  prioritocallitig  the  consumer.  We  gain  our  consumer  n\  lll1ber  from  our  clients,  wheu..  assigned  new  business.  Thus,  the  Commissiol1'  s  rule  requires  a  ' 


 business  to..  vio!  ate  the  TCP  A  }Vhen  conducting  normal  business  calls.  Your,  ruling  allow  a 
 consumer  to  hide  behind  this  ruling  to  prevent  paying  their  obligation.  On  top  of  this  it  causes  a 
 splall  company,  to  expend  monies  to  comply,  at  a  great  cost,  and  fundamentally  alter  our  business 
 '4700  Forest  Drive,  Suite  tO7  *  Columbia  SC  *  803-  790-  0447  ,  '  " 
 ,  :,  10f2 
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 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  TCP  A  regulations  for  the 
 reasons  expressed  by  ACA. 


 Sincerely, 


 Chafin  VP  of  Sales 
 Receivable  Solutions,  Inc 
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