TCPA Demand Letter - Delaware

TCPA / Delaware Telemarketing Fraud Act Demand Letter — Delaware

Quick-Reference Summary

Sender Letterhead

[Sender Law Firm Name]
[________________________________]
[________________________________]
[City], DE [Zip Code]
Phone: [________________________________]
Email: [________________________________]
Delaware 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 Delaware Division of Corporations]
[Registered Agent Street Address]
[City], DE [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 DELAWARE TELEMARKETING FRAUD ACT (6 DEL. C. CH. 25A)

Claimant: [Claimant Name]
Claimant's Number(s) Called: [________________________________]
National Do-Not-Call Registration Date (if any): [__/__/____]
Cease-Contact Request 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], Delaware [Zip Code]. Claimant is a "customer"/"consumer" within the meaning of 6 Del. C. ch. 25A 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"/"seller" that placed, or caused or directed others to place, the calls/texts described below. Respondent's Delaware file number is [________________________________], and its registered agent is [Agent Name], [Address], [City], Delaware [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. Delaware Telemarketing Fraud Act (6 Del. C. ch. 25A)

The communications above violated one or more provisions of ch. 25A, including:

☐ Willfully calling/contacting Claimant for a sale-related purpose after Claimant directed Respondent to cease and desist — 6 Del. C. § 2507A(a)(3) (a 10-year do-not-call duty)
☐ Failure to make the required in-call disclosures (purpose of call, description of merchandise, identity of seller and telemarketer) — 6 Del. C. § 2506A
☐ Failure to register as a telemarketer / maintain the required bond — 6 Del. C. §§ 2503A, 2504A
☐ Providing substantial assistance to a telemarketer the person knew or should have known was violating the chapter — 6 Del. C. § 2507A(a)(4)
☐ Other prohibited act under § 2507A — [________________________________]

Pursuant to 6 Del. C. § 2508A, Claimant may recover actual and punitive damages, attorneys' fees, court costs, and any other remedy provided by law, including equitable relief.

C. Delaware Consumer Fraud Act (6 Del. C. § 2513; private remedy § 2525)

A prohibited telemarketing act under § 2507A is also "a violation of … § 2513 of this title" (the Consumer Fraud Act). Respondent's use of deception, false pretense, or unfair practice in connection with the sale or advertisement of merchandise is an unlawful practice under 6 Del. C. § 2513, for which Claimant may seek a private remedy, including damages, under 6 Del. C. § 2525.

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 Delaware ch. 25A / Consumer Fraud Act 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"; telemarketer registration and bond records (§§ 2503A, 2504A); in-call disclosure scripts (§ 2506A); cease-contact/do-not-call records; lead-generation and list-broker records; campaign files; and all related backups and metadata. Delaware law requires telemarketers and sellers to preserve records for 24 months (6 Del. C. § 2504A). 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, and may refer the matter to the Delaware Attorney General under 6 Del. C. § 2509A.

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], DE [Zip Code]
Phone: [________________________________]
Email: [________________________________]
Delaware Bar No.: [________________________________]

Attorney for [Claimant Name]

Enclosures:

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

Pre-Send Checklist

• ☐ Itemized every call/text/fax with date, time, and originating number
• ☐ Confirmed Claimant's National DNC registration and/or cease-contact request date
• ☐ Confirmed which ch. 25A provisions apply (cease-contact, disclosure, registration)
• ☐ Pleaded the § 2508A private remedy and the § 2513/§ 2525 Consumer Fraud Act overlay
• ☐ Assessed willfulness for federal treble damages and for the § 2507A(a)(3) "willful" element
• ☐ Verified Respondent's registered agent with the Delaware Division of Corporations
• ☐ Sent via certified mail, return receipt requested; retained tracking
• ☐ Diaried 30-day response deadline; federal 4-year SOL and applicable Delaware 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
• 6 Del. C. ch. 25A (Delaware Telemarketing Fraud Act): https://delcode.delaware.gov/title6/c025A/
• 6 Del. C. § 2507A (prohibited acts): https://law.justia.com/codes/delaware/title-6/chapter-25a/section-2507a/
• 6 Del. C. § 2513 (Consumer Fraud Act — unlawful practice): https://law.justia.com/codes/delaware/title-6/chapter-25/subchapter-ii/section-2513/
• Delaware Department of Justice, Consumer Protection: https://attorneygeneral.delaware.gov/fraud/cpu/
• 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