TCPA Demand Letter - Minnesota

TCPA DEMAND LETTER — MINNESOTA

Pre-Suit Demand for Illegal Telemarketing Calls, Texts, and Faxes

Quick-Reference Summary

Sender Letterhead

[CLAIMANT FULL LEGAL NAME]
[Claimant Street Address]
[City, MN ZIP]
Telephone: [(___) ___-____]
Email: [____________________]

Date and Recipient

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Tracking No.: [____________________]
AND VIA FIRST-CLASS MAIL

[RESPONDENT NAME / D/B/A]
Attn: [Registered Agent / Officer / General Counsel]
[Respondent Street Address — verify with Minnesota Secretary of State business records]
[City, State ZIP]

Subject Line / Re: Block

Re: Demand to Cease Illegal Telephone Solicitations and for Settlement Under the Telephone Consumer Protection Act, 47 U.S.C. § 227; Minnesota's Automatic Dialing-Announcing Device Law, Minn. Stat. §§ 325E.26–325E.31; and the Minnesota Consumer Fraud Act, Minn. Stat. § 325F.69 — Thirty (30) Day Response Requested

Claimant / Called Party: [CLAIMANT NAME]
Called Number(s): [(___) ___-____]
Number(s) Used by Respondent: [(___) ___-____]
Date Range of Calls/Texts/Faxes: [__/__/____] through [__/__/____]
Total Documented Violations: [____]

I. Parties

1. Claimant. [CLAIMANT FULL LEGAL NAME] ("Claimant") is a natural person and telephone "subscriber" residing at [Claimant Street Address, City, MN ZIP] and is the regular user and/or subscriber of the residential and/or wireless telephone number(s) [(___) ___-____] ("Claimant's Number(s)").

2. Respondent. [RESPONDENT FULL LEGAL NAME], a [corporation / LLC / sole proprietorship / partnership] with principal office at [Address] and registered agent in Minnesota at [Name and Address] ("Respondent"). Respondent is a "caller" within the meaning of Minn. Stat. § 325E.26, subd. 3, that made, caused to be made, or is otherwise legally responsible for the calls, text messages, and/or facsimiles described below, whether directly or through agents, vendors, affiliates, or lead generators.

3. Do-Not-Call Status. Claimant's Number(s) [☐ has / ☐ has not] been registered on the National Do-Not-Call Registry since [__/__/____]. Claimant [☐ also revoked any prior consent / ☐ never provided consent] to Respondent on [__/__/____].

II. Factual Background — The Offending Communications

4. Beginning on or about [__/__/____], Respondent placed, or caused to be placed, the following telephone calls, text messages, and/or facsimiles to Claimant's Number(s) without Claimant's knowing, voluntary, or prior express consent (or after consent was revoked):

5. Each communication identified above was made for the purpose of [encouraging the purchase or rental of, or investment in, property, goods, or services] and constitutes a "telephone solicitation," "telemarketing," and/or "advertisement" within the meaning of 47 C.F.R. § 64.1200(f).

6. On or about [__/__/____], Claimant [☐ verbally / ☐ in writing / ☐ by replying STOP] told Respondent to stop calling/texting. Respondent continued to contact Claimant on the following dates after that request: [__/__/____], [__/__/____], [__/__/____].

7. Respondent [☐ used an automatic dialing-announcing device disseminating a prerecorded or synthesized voice message / ☐ used an artificial or prerecorded voice / ☐ called before 9 a.m. or after 9 p.m. / ☐ sent texts using an automated system / ☐ transmitted an unsolicited fax advertisement].

III. Legal Basis for Liability

A. Federal Telephone Consumer Protection Act (47 U.S.C. § 227)

8. The communications described above violate the TCPA and the FCC's implementing rules, including without limitation:

• 47 U.S.C. § 227(b)(1)(A)(iii); 47 C.F.R. § 64.1200(a)(1) — calls/texts to a wireless number using an automatic telephone dialing system or an artificial or prerecorded voice without prior express consent;
• 47 U.S.C. § 227(b)(1)(B); 47 C.F.R. § 64.1200(a)(3) — artificial or prerecorded telemarketing calls to a residential line without prior express written consent;
• 47 U.S.C. § 227(c); 47 C.F.R. § 64.1200(c)(2) — telemarketing calls to a number on the National Do-Not-Call Registry;
• 47 C.F.R. § 64.1200(d) — calls without maintaining an internal do-not-call list/policy or honoring opt-out requests;
• 47 U.S.C. § 227(b)(1)(C) — unsolicited fax advertisements (if applicable).

9. Section 227(b)(3) permits actual loss or $500 per violation, whichever is greater. Section 227(c)(5) separately applies only after more than one same-entity call in 12 months in violation of subsection (c) regulations and permits actual loss or up to $500 per qualifying violation, whichever is greater. Either branch allows a discretionary increase to no more than three times the otherwise available amount for a willful or knowing violation; subsection (c)(5) also supplies a reasonable-practices affirmative defense.

B. Minnesota Automatic Dialing-Announcing Device Law (Minn. Stat. §§ 325E.26–325E.31)

10. Under Minn. Stat. § 325E.27(a), a caller shall not use or connect to a telephone line an automatic dialing-announcing device unless (1) the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message, or (2) the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered. An "automatic dialing-announcing device" (ADAD) is a device that selects and dials telephone numbers and disseminates a prerecorded or synthesized voice message to the number called (§ 325E.26, subd. 2).

11. Under Minn. Stat. § 325E.30, a caller shall not use an automatic dialing-announcing device nor make any commercial telephone solicitation before 9:00 a.m. or after 9:00 p.m. Respondent's calls violated these provisions.

C. Minnesota Junk-Fax Statute (Minn. Stat. § 325E.395)

12. To the extent Respondent transmitted unsolicited facsimile advertising materials, that conduct violates Minn. Stat. § 325E.395 (if applicable).

D. Minnesota Consumer Fraud Act (Minn. Stat. § 325F.69; classify the private-remedy route)

13. Respondent used [IDENTIFY THE LISTED PRACTICE] with intent that [IDENTIFY PERSONS] rely on it in connection with the sale of [IDENTIFY MERCHANDISE], as required by Minn. Stat. § 325F.69, subd. 1. If Claimant is a consumer injured in a sale for personal, family, household, or agricultural purposes, evaluate the direct remedy in § 325F.70, subd. 3. Otherwise, any § 8.31, subd. 3a theory requires its separate injury and public-benefit showing. Do not treat an unauthorized call alone as establishing the MCFA elements or a private remedy.

IV. Demand for Relief

14. Demand to Cease and Desist. Claimant demands that Respondent, and all persons and entities acting on its behalf, immediately cease and desist all telephone calls, text messages, and facsimiles to Claimant's Number(s) and any other number associated with Claimant, and permanently place Claimant on Respondent's internal do-not-call list.

15. Damages Calculation. Based on [____] documented violations:

16. Settlement Demand. To resolve all claims, Claimant demands payment of $[________] within thirty (30) days of the date of this letter, together with Respondent's written confirmation that it has ceased all contact and added Claimant to its internal do-not-call list. This compromise figure is offered solely to avoid litigation.

17. Reservation of Public Enforcement. Claimant reserves all rights to file complaints with the Federal Communications Commission, the Federal Trade Commission, and the Minnesota Attorney General's Office.

V. Litigation Hold / Evidence Preservation Notice

18. Respondent is hereby on notice of anticipated litigation and must preserve all documents, communications, and electronically stored information ("ESI") relating to Claimant and the communications at issue, including without limitation:

☐ All call-detail records, dialer logs, campaign records, and SMS/MMS platform logs reflecting calls/texts to Claimant's Number(s)
☐ All recordings, scripts, and prerecorded/synthesized-voice message files used
☐ All records of alleged consent, opt-in, lead source, lead-generator agreements
☐ All internal do-not-call lists, do-not-call policies, and opt-out/STOP request logs
☐ All contracts with third-party telemarketers, lead generators, and ADAD/dialing-platform vendors
☐ All caller-ID configuration records and number-provisioning records
☐ All ESI in original native format with metadata intact; do NOT alter, delete, or overwrite

19. Respondent must immediately suspend any auto-deletion or document-destruction policy affecting the foregoing. Spoliation will be reported to the court and may support adverse inferences and sanctions.

VI. Response Deadline and Method

20. Response Deadline. Respondent's written response must be received no later than [__/__/____] (30 days from the date of this letter).

21. Method of Response. Direct all correspondence and settlement tenders to:

[CLAIMANT NAME / COUNSEL]
[Address]
Email: [____________________]
Phone: [(___) ___-____]

22. Settlement Discussions. This letter is sent in furtherance of settlement and is protected under Fed. R. Evid. 408 and Minn. R. Evid. 408. Nothing herein waives any right, claim, or remedy, all of which are expressly reserved.

Signature Block

Respectfully,

_______________________________
[CLAIMANT NAME]
[Title, if any]
[Address]
[Telephone]
[Email]

Dated: [__/__/____]

Enclosures:
☐ Exhibit A — Call/text/fax log with screenshots
☐ Exhibit B — National Do-Not-Call Registry confirmation
☐ Exhibit C — Voicemail recordings / audio
☐ Exhibit D — Prior opt-out / STOP correspondence
☐ Certified Mail Return Receipt (PS Form 3811)

cc: [Optional: Office of the Minnesota Attorney General, 445 Minnesota Street, Suite 1400, St. Paul, MN 55101]

Pre-Send Checklist

☐ Confirmed Claimant is the subscriber/regular user of the called number(s)
☐ Documented each call/text/fax with date, time, originating number, and type
☐ Confirmed National Do-Not-Call Registry registration date (if relied upon)
☐ Confirmed ADAD/prerecorded-voice use and lack of knowing/voluntary consent (§ 325E.27)
☐ Checked for time-of-day violations (before 9 a.m. / after 9 p.m., § 325E.30)
☐ Confirmed lack of (or revocation of) prior express consent
☐ Identified willful/knowing violations for trebling
☐ Assessed "public benefit" requirement for § 8.31 private AG recovery
☐ Calculated TCPA statutory damages and Minnesota actual damages
☐ Verified registered agent and principal address through Minnesota Secretary of State
☐ Litigation hold language included
☐ Sent by certified mail, return receipt requested, AND first-class mail
☐ Diary tickled for 30-day response deadline
☐ 4-year federal SOL (28 U.S.C. § 1658) and 6-year Minnesota SOL (Minn. Stat. § 541.05) calculated and tickled
☐ Reviewed by Minnesota-licensed counsel prior to mailing

Sources and References

• 47 U.S.C. § 227 (TCPA) — https://www.law.cornell.edu/uscode/text/47/227
• 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
• 28 U.S.C. § 1658 (federal SOL) — https://www.law.cornell.edu/uscode/text/28/1658
• Minn. Stat. § 325E.27 (prerecorded/synthesized voice; ADAD) — https://www.revisor.mn.gov/statutes/cite/325E.27
• Minn. Stat. § 325E.30 (time-of-day limit) — https://www.revisor.mn.gov/statutes/cite/325E.30
• Minn. Stat. §§ 325E.26–325E.31 (ADAD law) — https://www.revisor.mn.gov/statutes/cite/325E.26
• Minn. Stat. § 325E.395 (junk fax) — https://www.revisor.mn.gov/statutes/cite/325E.395
• Minn. Stat. § 325F.69 (Consumer Fraud Act) — https://www.revisor.mn.gov/statutes/cite/325F.69
• Minn. Stat. § 8.31 (private attorney general) — https://www.revisor.mn.gov/statutes/cite/8.31
• Minnesota AG — ADAD Law Memorandum — https://www.ag.state.mn.us/
• National Do-Not-Call Registry — https://www.donotcall.gov/