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 "Your  partner  for  success" 
 September  '1st,  2005 
 Office  of  the  Secretary  ATI':  OCBO 
 Federal  Conununications  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  Mark  Meyer,  and  I  am  the  Vice  President  of  Operations  for  the  collection  division  of  H&  R  Accounts,  Inc.  located  in  Moline,  lllinois  and  Cedar  Rapids,  Iowa.  I  am  the  operating 
 officer  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  ")  th~  t  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 
 iegarding  this  issu~  in  response  to  the  Cqmmission'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  hanns  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  Qur  reliapcc  o~  predicti,\~;  dialers"  .It'.~  lso  ne~  le~  sl;  y,  supjects..  us  to  federalenfofce:~  ent 
 and  priva~  e  litig~  o~  riSk,:  even  though  Qon~  ess  never  i1!~  nd~  s~  ch  "an  outcOp1e,,":  cr~;  '  '" 
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 F~:  these{  easons.;~  ~1:;  1courage  'the(:::  o~  sien  topr~  ptly  ;91~  rif„  ~h~  t(  4tl}  odialerc~  l1~  tQ;  ).~  T.  I  WW~!~~~~~  b~  r;  s-,  t9:  attemPt  to,  r~  cov~  1(  pa~  nt  oblig~  ti~  p,  S  ~,~  ot  c,  o.  y~  ed,  1?  Y  ,!  4c;  r~  p~; 


 re~  la~  jol)~  foiith~.:  r~  asop~_~  X,  pres~,  q~~  CA,  ;;;  C!  ,::  ,:  ',  '  c,~,,:  ,'"  //"  ']-,  ;;  c'L:  '!;  'Jj!  2;  '~  OI; 


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