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221 Main Street, Suite 920

San Francisco, CA 94105

415 986 7879 415 986 7865 fax

[www.nicelydun.com](http://www.nicelydun.com/)

Office of the Secretary

ATT: OCBO

Federal Communications Commission

445 12^th^ 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**

This morning I received an automated telephone call from my physician's
office reminding me of my baby wellness appointment next week at 10:00
Am. My medical provider, Kaiser, has implemented a system to help its
patients remember their appointments. Little do they know -- they have
broken the law. I gave Kaiser my cell phone number as my contact number.
According to DA-05-1524, it is unlawful from them to call me with an
automated recording on my cell phone. Last month, Sears also violated
the law by using an automated messaging service to remind me about my
refrigerator being delivered.

My name is Christina Harbridge-Law, and I am the president and princess
of Bridgeport Financial, Inc. located in California. I am the owner of a
small business that uses an automated dialing machine to contact
consumers in regard to past due debts or information issues. This dialer
enables us to contact folks more readily and saves our staff from the
labor of dialing 11 numbers for each call. We are helping consumers and
saving folks from carpal tunnel by using this machine. Sadly, we are
unable to contact consumers who use cell phones as their primary contact
due to the rules under DA-05-1524. This is harming not just my business;
it is harming the consumer and the employee.

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-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, the
consumers and telephone employees 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 an existing relationship
that needs to be discussed. We do not telemarket.

It is not just about debt collectors here... it is about the 21^st^
century and the prominent use of the cell phone as a means to
communicate. A decade ago, folks were charged for every call they
received -- since that is not the case today -- this ruling needs to
catch up with technology.

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 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 TCPA regulations for the reasons
expressed by ACA.

Sincerely,

Christina Harbridge-Law

President and Princess

Bridgeport Financial, Inc.

415 216 4664 christina@nicelydun.com