TCPA Demand Letter - Arizona

ARIZONA TCPA DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[SENDER NAME OR LAW FIRM]
[Street Address]
[City, State ZIP]
Telephone: [____________]
Email: [____________]
[AZ Bar No. / File No., if applicable]

Date and Recipient

Date: [__/__/____]

Via Certified Mail, Return Receipt Requested, No. [____________]
And Via Email to: [____________]

[RECIPIENT NAME / REGISTERED AGENT]
[BUSINESS NAME]
[Street Address]
[City, State ZIP]

Subject Line / Re: Block

RE: DEMAND TO CEASE UNLAWFUL TELEPHONE COMMUNICATIONS AND TO SETTLE CLAIMS — Telephone Consumer Protection Act, 47 U.S.C. § 227; Arizona Telephone Solicitations Law, A.R.S. §§ 44-1271 et seq.; Arizona Consumer Fraud Act, A.R.S. §§ 44-1521 et seq.
Claimant: [CLAIMANT FULL NAME]
Claimant Telephone Number(s) Called: [____________]
Date Range of Violations: [__/__/____] through [__/__/____]
Number of Offending Calls/Texts/Faxes: [____]

I. Parties

Claimant: [CLAIMANT FULL NAME], an Arizona resident residing at [ADDRESS], County of [____________], State of Arizona, who is the subscriber and/or customary user of the telephone number(s) [____________]. Claimant ☐ registered the number(s) on the National Do-Not-Call Registry on [__/__/____] / ☐ previously stated a desire not to receive calls from Respondent on [__/__/____] / ☐ revoked any prior consent on [__/__/____].

Respondent: [BUSINESS NAME], a [STATE OF INCORPORATION] [entity type], whose principal place of business is at [ADDRESS] and whose registered agent is [AGENT NAME] at [AGENT ADDRESS]. Respondent ☐ placed the calls/texts directly / ☐ caused them to be placed by an agent, lead generator, or third-party dialer acting on its behalf, for which Respondent is vicariously liable.

II. The Offending Communications (Call Log)

Respondent and/or its agents placed the following calls, text messages, and/or facsimile transmissions to Claimant's telephone number(s) without prior express consent (or after consent was revoked / after a do-not-call request / while the number was on a Do-Not-Call registry):

Total documented violations: [____]

III. Legal Framework — Overlapping Federal and Arizona Liability

A. Federal TCPA — 47 U.S.C. § 227

The federal TCPA is the primary vehicle for individual statutory-damages claims arising from unlawful calls, texts, and faxes:

• ATDS / artificial- or prerecorded-voice calls to cell phones — § 227(b)(1)(A): subject to the statute and rule's stated exceptions, prohibits calls using an ATDS or an artificial or prerecorded voice to a cellular telephone number without prior express consent. For advertising or telemarketing calls covered by 47 C.F.R. § 64.1200(a)(2), prior express written consent generally is required, subject to the rule's stated nonprofit and health-care exceptions. Under Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), equipment is an ATDS only if it has the capacity either to store a telephone number using a random or sequential number generator or to produce a telephone number using such a generator.
• Artificial or prerecorded calls to residential lines — § 227(b)(1)(B): the statute prohibits these calls without prior express consent unless the call is for an emergency purpose, concerns specified federal debt, or falls within an FCC exemption. Current 47 C.F.R. § 64.1200(a)(3) contains consent rules, numerical limits, and opt-out conditions that must be applied to the call type.
• National Do-Not-Call Registry — § 227(c) and 47 C.F.R. § 64.1200(c): restricts telephone solicitations to numbers on the National Do-Not-Call Registry; a caller invoking the safe-harbor standards must use a Registry version obtained no more than 31 days before the call (47 C.F.R. § 64.1200(c)(2)). A consumer private action under § 227(c)(5) requires more than one call within a 12-month period by or on behalf of the same entity.
• Internal do-not-call / company-specific request — 47 C.F.R. § 64.1200(d)(3): requires the caller to record the request when made and honor it within a reasonable time not exceeding ten business days.
• Unsolicited fax advertisements — § 227(b)(1)(C): generally prohibits sending unsolicited advertisements to a telephone facsimile machine unless the statutory established-business-relationship, number-acquisition, and notice conditions are satisfied; a compliant opt-out request ends the exception.

Damages: Section 227(b)(3) permits actual loss or $500 per violation, with a discretionary increase to no more than three times that amount for a willful or knowing violation. Section 227(c)(5) separately requires more than one call within a 12-month period by or on behalf of the same entity and permits actual loss or up to $500 per qualifying violation, with the same discretionary trebling ceiling. Match each call, text, or fax to the specific claim before calculating damages.
Statute of limitations: generally 4 years after accrual — 28 U.S.C. § 1658(a).
Private right of action: expressly provided — § 227(b)(3), (c)(5).

B. Arizona Telephone Solicitations Law — A.R.S. §§ 44-1271 to 44-1282

Arizona's Telephone Solicitations Law makes a range of solicitation practices "unlawful practices pursuant to § 44-1522." Under A.R.S. § 44-1278(B), it is unlawful for a seller, solicitor, or anyone acting on their behalf to:

• (B)(1) use telephone equipment that blocks the caller-identification function so the caller's number is not displayed;
• (B)(2) initiate an outbound call to a person who has previously stated a desire not to receive such calls (subject to the written-procedures/no-call-list safe harbor in (a)-(d));
• (B)(3) intentionally make an unsolicited telephone sales call to any mobile or paging device;
• (B)(4) make a call to a residential telephone using an artificial or prerecorded voice unless for emergency purposes or with prior express consent;
• (B)(5) use automatic terminal equipment with a random or sequential number generator unless it excludes emergency, hospital, paging, and cellular numbers and no-call-list numbers; and
• (B)(6) initiate an outbound call except as permitted by 47 C.F.R. § 64.1200 or 16 C.F.R. § 310.4.

In addition, A.R.S. § 44-1282 prohibits initiating an intrastate telephone solicitation to an Arizona number entered on the national do-not-call registry (subject to enumerated exceptions). Failure to comply with the article is an unlawful practice under § 44-1522, and the remedies are "in addition to all other causes of action, remedies and penalties available" — A.R.S. § 44-1278(C)-(D).

C. Arizona Consumer Fraud Act — A.R.S. §§ 44-1521 et seq.

Because a telephone-solicitation violation is an unlawful practice "pursuant to § 44-1522," it is actionable under the Arizona Consumer Fraud Act. Arizona courts recognize an implied private cause of action under the Act (Sellinger v. Freeway Mobile Home Sales, Inc., 110 Ariz. 573 (1974)), permitting recovery of actual and punitive damages; the Attorney General may seek civil penalties of up to $10,000 per willful violation under A.R.S. § 44-1531. The private Consumer Fraud Act claim is subject to a one-year statute of limitations under A.R.S. § 12-541(5).

IV. Statement of Violations

Based on the call log in Section II, Respondent committed at least the following violations as to Claimant:

☐ Calls/texts to a cellular number using an ATDS without prior express consent — 47 U.S.C. § 227(b)(1)(A)
☐ Calls/texts to a cellular number using an artificial or prerecorded voice without consent — 47 U.S.C. § 227(b)(1)(A)
☐ Prerecorded calls to a residential line without consent — 47 U.S.C. § 227(b)(1)(B)
☐ Telemarketing without prior express written consent — 47 C.F.R. § 64.1200(a)(2)
☐ More than one call within 12 months by/on behalf of the same entity to a number on the National Do-Not-Call Registry — 47 U.S.C. § 227(c)(5); 47 C.F.R. § 64.1200(c)
☐ Calls continued more than 10 business days after an internal do-not-call request — 47 C.F.R. § 64.1200(d)(3)
☐ Unsolicited fax advertisement(s) — 47 U.S.C. § 227(b)(1)(C)
☐ Caller-ID blocking — A.R.S. § 44-1278(B)(1)
☐ Call after Claimant stated a desire not to receive calls — A.R.S. § 44-1278(B)(2)
☐ Unsolicited sales call to a mobile/paging device — A.R.S. § 44-1278(B)(3)
☐ Prerecorded/artificial-voice call to a residence — A.R.S. § 44-1278(B)(4)
☐ Use of random/sequential-number-generator equipment — A.R.S. § 44-1278(B)(5)
☐ Intrastate call to a number on the national DNC registry — A.R.S. § 44-1282
☐ Other — [_________________________________]

V. Damages Calculation

VI. Demand

Pursuant to the authorities above, Claimant demands that Respondent, within [____] days (no later than [__/__/____]):

1. Immediately cease and desist all telephone calls, text messages, and facsimile transmissions to Claimant's number(s) and direct all further communications to the undersigned;
2. Place Claimant's number(s) on Respondent's internal do-not-call list and confirm the same in writing;
3. Preserve all evidence identified in Section VII below;
4. Tender settlement of Claimant's claims in the amount of $[__________] in full and final resolution; and
5. Identify every entity, lead generator, dialer vendor, and client on whose behalf the calls/texts were placed.

If Respondent contends it had Claimant's prior express (written) consent, Respondent must produce a copy of that consent, including the date, method, and signed writing, within the response period. If Respondent intends to rely on the § 44-1278(B)(2) written-procedures/no-call-list safe harbor, it must produce those procedures, training records, and its no-call list.

VII. Litigation Hold / Evidence Preservation Notice

Respondent is on formal notice of its duty to preserve all documents, electronically stored information (ESI), and tangible evidence relevant to the claims, and must immediately suspend any routine destruction or overwriting as applied to:

☐ Outbound and inbound call detail records (CDRs) and dialer logs for Claimant's number(s)
☐ Records identifying the dialing equipment used and its capacity (ATDS / random-or-sequential-generator analysis)
☐ Prerecorded/artificial-voice audio files and text/SMS content and templates
☐ Consent records, lead-source data, opt-in records, and any signed consent writings
☐ Internal and National Do-Not-Call scrubbing records and policies (31-day scrub logs)
☐ Internal/no-call list and records of honoring opt-out requests (A.R.S. § 44-1278(B)(2))
☐ Written compliance procedures and personnel training records (A.R.S. § 44-1278(B)(2) safe harbor)
☐ Caller-ID configuration and any blocking/spoofing records (A.R.S. § 44-1278(B)(1))
☐ Contracts, agency agreements, and indemnity terms with dialer vendors and lead generators
☐ Backup tapes, cloud-backed copies, audit logs, version histories, and metadata for the foregoing

Spoliation may result in sanctions and adverse-inference instructions.

VIII. Response Deadline and Method

Respondent's written response must be received no later than [__/__/____].

Silence, a boilerplate denial, or continued calling will be treated as a refusal to resolve this matter and will result in the filing of a civil action under the TCPA (47 U.S.C. § 227(b)(3), (c)(5)), the Arizona Telephone Solicitations Law (A.R.S. §§ 44-1271 et seq.), and the Arizona Consumer Fraud Act (A.R.S. §§ 44-1521 et seq.), and may include a complaint to the Federal Communications Commission, the Federal Trade Commission, and the Arizona Attorney General's Consumer Protection and Advocacy Section.

This letter is sent without prejudice to all of Claimant's rights and remedies, which are expressly reserved.

Signature Block

Respectfully submitted,

[________________________________]
[ATTORNEY NAME] (or Claimant pro se)
Arizona State Bar No. [__________] (if attorney)
[Firm Name]
[Street Address]
[City, AZ ZIP]
Telephone: [____________]
Email: [____________]
Counsel for Claimant [CLAIMANT NAME] (if represented)

cc: ☐ Claimant
☐ File

Pre-Send Checklist

☐ Verified Respondent's legal name and registered agent via Arizona Corporation Commission (https://ecorp.azcc.gov/)
☐ Confirmed each call/text/fax is documented with date, time, and calling number in the Section II log
☐ Confirmed whether Claimant's number was on the National Do-Not-Call Registry and the registration date
☐ Confirmed any prior do-not-call request to Respondent and its date (A.R.S. § 44-1278(B)(2))
☐ Confirmed the federal claim is within the 4-year SOL (28 U.S.C. § 1658)
☐ Confirmed any Consumer Fraud Act claim is within the SHORT 1-year SOL (A.R.S. § 12-541(5))
☐ Preserved Claimant-side evidence (screenshots, voicemails, carrier records)
☐ Removed all `` comments
☐ Sent via certified mail, return receipt requested, and retained delivery confirmation
☐ Reviewed by Arizona-licensed counsel before transmission

Sources and References

• Telephone Consumer Protection Act, 47 U.S.C. § 227: https://www.law.cornell.edu/uscode/text/47/227
• FCC TCPA implementing rules, 47 C.F.R. § 64.1200: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• 28 U.S.C. § 1658 (4-year SOL): https://www.law.cornell.edu/uscode/text/28/1658
• Arizona Revised Statutes § 44-1278 (unlawful telephone-solicitation practices): https://law.justia.com/codes/arizona/title-44/section-44-1278/
• Arizona Revised Statutes § 44-1282 (intrastate calls to national DNC registry): http://az.elaws.us/ars/44-1282
• Arizona Consumer Fraud Act, A.R.S. §§ 44-1521 et seq.: https://www.azleg.gov/arsDetail/?title=44
• Arizona Attorney General, Consumer Protection: https://www.azag.gov/consumer
• Sellinger v. Freeway Mobile Home Sales, Inc., 110 Ariz. 573 (1974) (implied private cause of action under Consumer Fraud Act)
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021) (ATDS definition)