TCPA Demand Letter - Colorado

TCPA / Colorado No-Call List Act Demand Letter — Colorado

Quick-Reference Summary

Sender Letterhead

[Sender Law Firm Name]
[________________________________]
[________________________________]
[City], CO [Zip Code]
Phone: [________________________________]
Email: [________________________________]
Colorado Attorney Reg. No.: [________________________________]

Date and Recipient

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Certified Mail No.: [________________________________]
Also via email to: [________________________________]

To:
[Respondent Legal Name]
Attn: [Registered Agent per Colorado Secretary of State]
[Registered Agent Street Address]
[City], CO [Zip Code]

Re: Block

RE: DEMAND TO CEASE UNLAWFUL CALLS/TEXTS AND FOR DAMAGES UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. § 227) AND THE COLORADO NO-CALL LIST ACT (C.R.S. § 6-1-901 ET SEQ.)

Claimant: [Claimant Name]
Claimant's Number(s) Called: [________________________________]
Colorado No-Call List Registration Date (if any): [__/__/____]
National Do-Not-Call Registration Date (if any): [__/__/____]
Number of Violations Identified to Date: [____]

I. Parties

A. Claimant

[Claimant Full Legal Name] ("Claimant") is a natural person and the regular subscriber/user of the telephone number(s) above, residing at [Address], [City], Colorado [Zip Code]. Claimant is a "residential subscriber" and/or "wireless telephone service subscriber" within the meaning of C.R.S. § 6-1-903 and the "called party" entitled to the protections of 47 U.S.C. § 227.

B. Respondent

[Respondent Legal Name] ("Respondent") is a [corporation / LLC / partnership / sole proprietorship] that placed, or caused or directed others to place, the calls/texts described below. Respondent's Colorado entity ID is [________________________________], and its registered agent is [Agent Name], [Address], [City], Colorado [Zip Code].

II. The Offending Calls, Texts, and Faxes

Claimant did not give prior express consent (or prior express written consent, where required) to receive the communications below, and no established business relationship under C.R.S. § 6-1-903(7) applies. The following communications were received:

III. Legal Violations

A. Federal Telephone Consumer Protection Act (47 U.S.C. § 227; 47 C.F.R. § 64.1200)

The communications above violated one or more of the following:

☐ Calls/texts to a cellular number using an automatic telephone dialing system or an artificial or prerecorded voice without prior express consent — 47 U.S.C. § 227(b)(1)(A)(iii)
☐ Artificial or prerecorded-voice calls to a residential line without prior express consent — 47 U.S.C. § 227(b)(1)(B); 47 C.F.R. § 64.1200(a)(3) (including AI-generated voices, per the FCC's Feb. 8, 2024 Declaratory Ruling)
☐ Telephone solicitations to a number on the National Do-Not-Call Registry — 47 U.S.C. § 227(c); 47 C.F.R. § 64.1200(c)(2)
☐ Calls after Claimant requested to be placed on Respondent's internal do-not-call list — 47 C.F.R. § 64.1200(d)
☐ Unsolicited advertisement sent to a telephone facsimile machine — 47 U.S.C. § 227(b)(1)(C)
☐ Other: [________________________________]

For a violation of subsection (b) or its implementing regulations, § 227(b)(3) permits actual monetary loss or $500 per violation, whichever is greater, with a discretionary increase to no more than three times that amount for a willful or knowing violation. A do-not-call claim under § 227(c)(5) has a separate gate: the claimant must have received more than one call within 12 months by or on behalf of the same entity in violation of the subsection (c) regulations; the remedy is actual loss or up to $500 per violation, with discretionary trebling, and the statute provides a reasonable-practices affirmative defense.

B. Colorado No-Call List Act (C.R.S. § 6-1-901 et seq.)

Claimant's number(s) were registered on the Colorado No-Call List. Respondent made or caused to be made telephone solicitations to Claimant's registered number in violation of C.R.S. § 6-1-904(1). Pursuant to C.R.S. § 6-1-906(1), a violation of the No-Call List Act "constitutes a deceptive trade practice under the provisions of section 6-1-105(1)" and may be enforced under C.R.S. §§ 6-1-110, 6-1-112, and 6-1-113. Respondent also violated C.R.S. § 6-1-904(3) if it blocked or circumvented Claimant's caller-identification service.

C. Colorado Consumer Protection Act (C.R.S. § 6-1-105; private remedy § 6-1-113)

Because each unlawful solicitation is a deceptive trade practice, Claimant may pursue a private remedy under C.R.S. § 6-1-113, which permits recovery of the greater of actual damages, $500, or three times the amount of actual damages for bad-faith conduct, together with reasonable attorneys' fees and costs. Claimant's claim addresses conduct with a significant public impact (mass automated solicitation), consistent with Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc., 62 P.3d 142 (Colo. 2003).

IV. Demand

Claimant demands that, within thirty (30) days of receipt of this letter, Respondent:

☐ Immediately cease and desist all calls, texts, voicemails, and faxes to Claimant and permanently add Claimant's number(s) to Respondent's internal do-not-call list
☐ Confirm in writing that Claimant's numbers have been suppressed across all dialing lists, vendors, and affiliates, and that Respondent scrubs against the Colorado No-Call List as required by C.R.S. § 6-1-904(4)
☐ Preserve all records (see Section V)
☐ Pay settlement in the amount of $[________________________________] in full resolution of all federal TCPA and Colorado No-Call/CCPA claims

Damages computation (illustrative):

V. Litigation Hold / Evidence Preservation Notice

Respondent is on notice of its duty to preserve all documents and electronically stored information ("ESI") relevant to this matter, including: dialer/CRM records and call-detail logs; outbound text and voicemail logs and content; the alleged source of and any "prior express written consent"; lead-generation and list-broker records; Colorado No-Call List scrubbing records and quarterly update documentation; internal and vendor do-not-call lists; campaign and script files; and all related backups and metadata. Routine deletion must be suspended immediately. Spoliation may result in sanctions and adverse inferences.

VI. Response Deadline and Reservation of Rights

Respondent must provide a written substantive response to undersigned counsel no later than thirty (30) calendar days after receipt of this letter (on or before [__/__/____]). If Respondent fails to respond or resolve this matter, Claimant will pursue all available remedies in court, including statutory and treble damages, injunctive relief, and attorneys' fees and costs where available.

Respond by:

• ☐ Email to: [________________________________]
• ☐ U.S. Mail to undersigned counsel at the letterhead address
• ☐ Telephone for settlement: [________________________________]

All rights, claims, and remedies — federal, state, statutory, and common-law — are expressly reserved. This letter is a confidential settlement communication under applicable rules of evidence.

Signature Block

Respectfully,

_______________________________________________
[Attorney Name]
[Law Firm Name]
[Street Address]
[City], CO [Zip Code]
Phone: [________________________________]
Email: [________________________________]
Colorado Attorney Reg. No.: [________________________________]

Attorney for [Claimant Name]

Enclosures:

• ☐ Call log / screenshots / voicemail recordings
• ☐ Colorado No-Call List and National Do-Not-Call Registry confirmations
• ☐ Opt-out request and timestamp
• ☐ Other: [________________________________]

Pre-Send Checklist

• ☐ Itemized every call/text/fax with date, time, and originating number
• ☐ Confirmed Claimant's Colorado No-Call and/or National DNC registration dates
• ☐ Evaluated the CCPA "significant public impact" element (Rhino Linings) for the state count
• ☐ Considered the § 6-1-906(1) "three violations per month" limit on state enforcement and § 6-1-906(2) good-faith defense
• ☐ Assessed willfulness for federal treble damages
• ☐ Verified Respondent's registered agent with the Colorado Secretary of State
• ☐ Sent via certified mail, return receipt requested; retained tracking
• ☐ Diaried 30-day response deadline; federal 4-year SOL and CCPA 3-year SOL
• ☐ Document reviewed by supervising attorney before mailing

Sources and References

• 47 U.S.C. § 227 (official GPO text): https://www.govinfo.gov/content/pkg/USCODE-2024-title47/html/USCODE-2024-title47-chap5-subchapII-partI-sec227.htm
• 47 C.F.R. § 64.1200 (FCC rules): https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• C.R.S. § 6-1-904 (no-call prohibition): https://law.justia.com/codes/colorado/title-6/fair-trade-and-restraint-of-trade/article-1/part-9/section-6-1-904/
• C.R.S. § 6-1-906 (enforcement; deceptive trade practice): https://law.justia.com/codes/colorado/title-6/fair-trade-and-restraint-of-trade/article-1/part-9/section-6-1-906/
• C.R.S. § 6-1-113 (CCPA private remedy): https://law.justia.com/codes/colorado/title-6/fair-trade-and-restraint-of-trade/article-1/part-1/section-6-1-113/
• Colorado No-Call program: https://www.coloradonocall.com/
• Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc., 62 P.3d 142 (Colo. 2003)
• Facebook, Inc. v. Duguid, 592 U.S. 395 (2021) — ATDS definition
• FCC 24-17, Declaratory Ruling on AI-generated voice calls (Feb. 8, 2024): https://docs.fcc.gov/public/attachments/FCC-24-17A1.pdf