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 g  partner  September  7,  2005  net  in  partnership  with 
 Office  of  the  Secretary  AT!  ':  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  Lacey  CheITington,  and  I  am  the  Vice  President  and  General  Manager  ofE  Partner 
 Net.  We  are  a  debt  collection  agency  located  in  the  state  of  Utah.  I  am  one  of  the  owners  of  a 
 small  family  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")  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  ("  RF  A"),  ill 
 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,  we  collect 
 money.  The  Commission  should  not  permit  its  regulations  to  be  used  as  a  sl.}  ield  to  encourage  the 
 non-  payment  of  debts.  Doing  so  harms  small  businesses,  the  economy,  consumers,  and 
 merchants. 


 As  it  stands  today,  my  company  faces  serious  fInancial  hardship  due  to  the  Commission's 
 regulatory  reversal  that  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.  The  rule  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  predictive  dialer  calls  to 
 wireless  numbers  to  attempt  to  recover  payment  obligations  are  not  covered  by  the  TCP  A  regulatl  "  onsfior  the  reasonsexpressedby  ACA  .:  .,  ..,.."  "'C"  ',  'i'  ",  '  "'~  .".,"...  ;',.."  ';  c.  'c  ..:.  "'!,"!  '" 


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 neral  Manager  Fairway  Park  FAIRWAY  746  East  1910  South,  Suite  #3 
 BUSINESS  CENTER  Provo,  Utah  84606 
 Phone:  (801)  223,9989  .Fax  (801)  223,9499 


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