TCPA Demand Letter - District of Columbia

TCPA / DC Consumer Protection Procedures Act Demand Letter — District of Columbia

Quick-Reference Summary

Sender Letterhead

[Sender Law Firm Name]
[________________________________]
[________________________________]
Washington, DC [Zip Code]
Phone: [________________________________]
Email: [________________________________]
DC 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 DCRA/DLCP CorpOnline]
[Registered Agent Street Address]
[City], [State] [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 DC CONSUMER PROTECTION PROCEDURES ACT (D.C. CODE § 28-3901 ET SEQ.)

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], Washington, DC [Zip Code]. For any CPPA theory, separately state the non-resale purchase, lease, receipt, or economic-demand facts satisfying D.C. Code § 28-3901(a)(2): [DETAILS]. Residence and receipt of a communication do not by themselves complete that definition.

B. Respondent

[Respondent Legal Name] ("Respondent") is a [corporation / LLC / partnership / sole proprietorship] that placed, or caused or directed others to place, the communications described below. For any CPPA theory, state the ordinary-course sale, lease, transfer, or supply facts satisfying D.C. Code § 28-3901(a)(3): [DETAILS]. Respondent's registered agent is [Agent Name], [Address], [City], [State] [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. 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. DC Consumer Protection Procedures Act (D.C. Code § 28-3901 et seq.)

If the exact telemarketing facts independently satisfy D.C. Code § 28-3904, identify the subsection and plead its elements—for example, a material misrepresentation under subsection (e) or a misleading material omission under subsection (f). A federal TCPA violation is not automatically a CPPA violation.

Pursuant to D.C. Code § 28-3905(k), Claimant may bring a private action and recover, under § 28-3905(k)(2): (A) treble damages, or $1,500 per violation, whichever is greater; (B) reasonable attorney's fees; (C) punitive damages; (D) an injunction against the unlawful trade practice; and (F) any other relief the court determines proper.

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 DC CPPA 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; internal and vendor do-not-call lists and DNC scrubbing records; 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, including statutory and treble damages, punitive damages, injunctive relief, and attorneys' fees and costs, in the Superior Court of the District of Columbia under D.C. Code § 28-3905(k), and/or file an administrative complaint with the DC Department of Licensing and Consumer Protection.

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]
Washington, DC [Zip Code]
Phone: [________________________________]
Email: [________________________________]
DC 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 registration date (if relied upon)
• ☐ Confirmed Respondent is a "merchant" and the conduct is a "trade practice" under the CPPA
• ☐ Pleaded the CPPA private remedy (§ 28-3905(k)(2)(A): treble or $1,500/violation, whichever is greater)
• ☐ Assessed willfulness for federal treble damages
• ☐ Verified Respondent's registered agent via DLCP CorpOnline
• ☐ Sent via certified mail, return receipt requested; retained tracking
• ☐ Diaried 30-day response deadline; federal 4-year SOL and DC 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
• D.C. Code § 28-3904 (unlawful trade practices): https://code.dccouncil.gov/us/dc/council/code/sections/28-3904
• D.C. Code § 28-3905 (complaint procedures; private right of action § 28-3905(k)): https://code.dccouncil.gov/us/dc/council/code/sections/28-3905
• DC Office of the Attorney General, Consumer Protection: https://oag.dc.gov/consumer-protection
• DC Department of Licensing and Consumer Protection: https://dlcp.dc.gov/
• 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