TCPA Demand Letter - Connecticut

TCPA / Connecticut Telephonic Sales Call Demand Letter — Connecticut

Quick-Reference Summary

Sender Letterhead

[Sender Law Firm Name]
[________________________________]
[________________________________]
[City], CT [Zip Code]
Phone: [________________________________]
Email: [________________________________]
Juris No. / CT Bar 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 Connecticut Secretary of the State]
[Registered Agent Street Address]
[City], CT [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 CONN. GEN. STAT. § 42-288a / CUTPA

Claimant: [Claimant Name]
Claimant's Number(s) Called: [________________________________]
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], Connecticut [Zip Code]. Claimant is a "consumer" within the meaning of Conn. Gen. Stat. § 42-288a 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] and a "telemarketer" / "telephone solicitor" that placed, or caused or directed others to place, the calls/texts described below. Respondent's Connecticut business ID is [________________________________], and its registered agent is [Agent Name], [Address], [City], Connecticut [Zip Code].

II. The Offending Calls, Texts, and Faxes

Claimant did not give prior express written consent to receive the communications below. 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. Connecticut Telephonic Sales Call Statute (Conn. Gen. Stat. § 42-288a)

The communications above violated one or more provisions of § 42-288a, including:

☐ Telephonic sales call without prior express written consent — § 42-288a(l) (and, for mobile numbers not on the "no sales solicitation calls" listing, § 42-288a(m))
☐ Call to a consumer on the "no sales solicitation calls" listing / National Do Not Call Registry, in violation of 47 U.S.C. § 227 / 47 C.F.R. § 64.1200 — § 42-288a(b)
☐ Call outside permitted hours (9 a.m.–8 p.m.) — § 42-288a(c)
☐ Failure to make required identity/purpose disclosure within ten seconds — § 42-288a(d)
☐ Failure to honor opt-out / continued calling after a do-not-call request — § 42-288a(f), (g)
☐ Use of a blocking device or inaccurate/misleading caller-ID — § 42-288a(h)

Pursuant to Conn. Gen. Stat. § 42-288a(o), a person liable under the section "shall be fined not more than twenty thousand dollars for each violation."

C. CUTPA Overlay (Conn. Gen. Stat. § 42-110a et seq.)

Under Conn. Gen. Stat. § 42-288a(k), any violation of § 42-288a is deemed an unfair or deceptive trade practice under § 42-110b(a). A private claimant must also establish ascertainable loss and causation under § 42-110g(a) to recover actual damages; the court may, in its discretion, award punitive damages, equitable relief, costs, and reasonable attorney's fees under § 42-110g(a), (d).

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
☐ Preserve all records (see Section V)
☐ Pay settlement in the amount of $[________________________________] in full resolution of all federal TCPA and Connecticut § 42-288a / CUTPA 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; "no sales solicitation calls" / DNC scrubbing records; 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, punitive 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], CT [Zip Code]
Phone: [________________________________]
Email: [________________________________]
Juris No. / CT Bar No.: [________________________________]

Attorney for [Claimant Name]

Enclosures:

• ☐ Call log / screenshots / voicemail recordings
• ☐ National Do-Not-Call Registry confirmation
• ☐ Opt-out request and timestamp
• ☐ Other: [________________________________]

Pre-Send Checklist

• ☐ Itemized every call/text/fax with date, time, and originating number
• ☐ Confirmed Claimant's National DNC / "no sales solicitation calls" registration date (if relied upon)
• ☐ Confirmed absence of prior express written consent (§ 42-288a(l), (m))
• ☐ Identified each § 42-288a subsection violated (hours, disclosure, opt-out, caller-ID)
• ☐ Pleaded the CUTPA overlay (§ 42-288a(k) → § 42-110g) for the private remedy
• ☐ Assessed willfulness for federal treble damages
• ☐ Verified Respondent's registered agent with the Connecticut Secretary of the State
• ☐ Sent via certified mail, return receipt requested; retained tracking
• ☐ Diaried 30-day response deadline; federal 4-year SOL and CUTPA 3-year SOL (§ 42-110g(f))
• ☐ 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
• Conn. Gen. Stat. § 42-288a: https://law.justia.com/codes/connecticut/title-42/chapter-743m/section-42-288a/
• Conn. Gen. Stat. § 42-110g (CUTPA private remedy): https://law.justia.com/codes/connecticut/title-42/chapter-735a/section-42-110g/
• Connecticut Chapter 743m (Telemarketing): https://www.cga.ct.gov/current/pub/chap_743m.htm
• 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