Credit and Collection Executives,:
requests your urgent
action to oppose the Federal Communications Commission's
(FCC's) proposed rule that attempts to impose heightened restrictions under the
Telephone Consumer Protection Act (TCPA). These new rules could have a
devastating impact on the collection industry.
FCC's proposed rule would prevent businesses from placing any telephone calls
using an automatic dialing system or an artificial or prerecorded voice to a
consumer's wireless number unless the consumer has given the calling party
prior express written consent, and the written consent cannot be a
condition of service! This means that a separate waiver must be provided by
the consumer specifically for the purpose of calling the consumer's wireless
number. From a practical standpoint, these new requirements would
eliminate the communication between debt collectors and consumers who use
cell phones. We need your help to fight this rule!
have an understanding of how to post comments on the FCC Web site, the
following is a brief description of the procedure. At the bottom of this
e-mail you will find the text for a letter written in support of ACA's formal
comments. Please read
carefully and follow these instructions to submit comments:
here to go to the comment filing page on the FCC Web site;
2.Fill out the required contact information, (the proceeding
number is 02-278);
3.Copy the letter text below and paste it into the comments
4.Follow remaining instructions on the Web portal to complete
It is important that the FCC hear from as many members as
possible so that they understand the full impact this damaging rule
would have on both businesses and consumers.
appreciate your efforts in this grassroots mobilization. Your outreach is
critical to our continued success.
Adam J. Peterman
Director of Federal Government Affairs
write to strongly urge you to revise your proposed rule under the Telephone
Consumer Protection Act (TCPA) restricting the use of autodialers and
pre-recorded messages to contact consumers on their wireless numbers.
a member of the collection industry, our company's communications with
consumers are strictly regulated by the Fair Debt Collection Practices Act,
the Fair Credit Reporting Act, and numerous other federal and state consumer
protection laws. These laws provide extensive protections regarding the
manner by which we communicate with consumers and what can and can not be
said in these communications. Unfortunately, these rules will only serve to
deprive consumers of vital information regarding their financial matters.
surveys show that over twenty percent of all U.S. households only have a
wireless telephone line. Moreover, trends in recent years suggest this rate
will continue to rapidly increase. This proposed rule would force businesses
to obtain express written consent before contacting customers with wireless
numbers with autodialers and pre-recorded messages, and such consent cannot
be a condition of service. These requirements are not realistic and will
prevent businesses from accurately and efficiently contacting consumers.
one of the main claims leveled against predictive dialers is their ability to
randomly or sequentially generate numbers to reach customers. The predictive
dialers used in our industry are used for their accuracy and efficiency in
dialing the numbers provided to us by our clients. This technology is
important to help the industry remain compliant with all current federal and
state laws while making sure the right consumers are contacted in a timely
manner. This proposed rule would unduly hamper such efforts.
strongly urge the FCC to revise its proposed rulemaking to the TCPA in a
manner that properly recognizes the importance of continued, timely
communication between businesses and consumers via their wireless numbers.
Thank you for your attention to this critical issue. I urge you to review
comments submitted by my trade association, ACA International, to make needed
revisions to this proposed rule.