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 August  31,2005 
 Office  of  the  Secretary 
 ATf:  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-  05-  1524 


 My  name  is  Julie  McCray,  and  I  am  a  Collections  Supervisor  at  State  Farm  Bank,  located  in  lllinois.  We  are  a  business  that  bas  been  substantially  harmed  as  a  resuh  of  the  Federal 
 Communications  Commission's  regulatory  decision  under  the  Telephone  Consumer  Protection  Act  ("  TCP  A  j  that  businesses,  such  as  ours,  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-  O5-  1524.  See  FCC  Seeks  Comment  Regarding  Possible  Revision  or  Elimination 
 of  Rules  Under  the  Regulatory  Flexibility  Act,  DA-  O5-  1524  (May  31,  2005).  I  fully  supJK>  rt  ACA's  comment  and  the  relief  the  Association  seeks,  including  ACA's  characterization  of  the 
 harm  visited  UJK>  n  small  businesses  as  a  resuh  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  pennit  its  regulations  to  be  used  as  a  shield  to  encourage  the  non-payment 
 of  debts.  Doing  so  hanns  businesses,  the  economy,  as  well  as  consumers. 


 As  it  stands  today,  our  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  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  caI1s  to 
 wireless  numbers  to  attempt  to  recover  payment  obligations  are  not  covered  by  the  TCP  A 


 regulations  for  the  reasons  expressed  by  ACA. 


 ;Sincerely, 
 "-Julie  McCray 
 Supervisor  -Bank  Collections  Center 
 State  Farm  Bank 
 (309)  766-  1492 


 is)  EQUAI.-  LENDER  P.  o.  Box  2328  BWOMINGTON,  IwNoIs  61702-  2328 
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