COPILEVITZ & CANTER, LLC
ATTORNEYS AT LAW

423 W. EIGHTH STREET
SUITE 400
KANSAS CITY, MISSOURI 64105
(816) 472-9000 · FAX (816) 472-5000
E-MAIL copcankc@copilevitz-canter.com

November 11, 2003


[addressee's name and address]

RE: Telephone Consumer Protection Act

Dear M[addressee]:

As we discussed on the telephone, you received a recorded message in compliance with the new FTC and FCC restrictions on "abandoned" calls. I have attached a copy of the FCC's rule for your convenience. That section, 47 CFR § 64.1200(a)(6), requires that all abandoned calls receive a "prerecorded identification message" which states only the name and that the call was for "telemarketing purposes."

In no sense was the message you received an "unsolicited advertisement"as [sic] that term is defined later in the rule, 47 CFR § 64.1200(f)(10), and is not banned by the recorded voice restriction found at 64.1200(a)(2).

Further, the TCPA, itself, allows for private causes of action only if a person has received "more than one telephone call within any 12 month period by or on behalf of the same entity in violation of the regulations prescribed under the subsection..." 47 USC § 227(c)(5). I have attached a copy of the TCPA for your benefit as well.

My client did not place any calls to you in violation of the TCPA. Further, you received only one call from my client and therefore it is impossible that a cause of action has accrued under (c)(5) set forth above. My client will defend itself fully against any frivolous action which is filed.

I apologize for any intrusion this call may have caused, but my client has complied with applicable law and will continue to do so.

Please do not hesitate to contact me if I can be of further assistance

Very truly yours,
[signature]
Errol Copilevitz
For the Firm

EC:cb

Enclosures


G:\BILL\Mueller Energy Group\Correspondence\[addressee]-Errol 111103.wpd

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