TCPA Demand Letter - Mississippi

TCPA DEMAND LETTER — MISSISSIPPI

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

Quick-Reference Summary

Sender Letterhead

[CLAIMANT FULL LEGAL NAME]
[Claimant Street Address]
[City, MS 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 Mississippi 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; the Mississippi Telephone Solicitation Act, Miss. Code Ann. § 77-3-701 et seq.; and the Mississippi Consumer Protection Act, Miss. Code Ann. § 75-24-1 et seq. — 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 residential telephone subscriber residing at [Claimant Street Address, City, MS 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 Mississippi at [Name and Address] ("Respondent"). Respondent 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 and/or the Mississippi No-Call list 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 prior express invitation, permission, or consent (or after consent was revoked):

5. Each communication identified above was a "telephone solicitation" within the meaning of the Mississippi Telephone Solicitation Act and 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 telephone dialing system / ☐ used an artificial or prerecorded voice / ☐ called outside Monday–Saturday 8 a.m.–8 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. Mississippi Telephone Solicitation Act (Miss. Code Ann. §§ 77-3-701 to 77-3-739)

10. The Mississippi Telephone Solicitation Act regulates telephone solicitation calls to consumers. Consumers on the No-Call list are protected from solicitation calls, and consumers not on the list may be contacted only Mondays through Saturdays between 8:00 a.m. and 8:00 p.m. Respondent's conduct violated the Act by [calling a number on the No-Call list / calling outside permitted hours / continuing calls after an opt-out request / failing to honor consent and disclosure requirements].

C. Mississippi Consumer Protection Act (Miss. Code Ann. § 75-24-1 et seq.)

11. Respondent's conduct constitutes an unfair or deceptive trade practice in or affecting commerce, prohibited by Miss. Code Ann. § 75-24-5. Under Miss. Code Ann. § 75-24-15, an individual who purchases or leases goods or services primarily for personal, family, or household purposes and thereby suffers an ascertainable loss as a result of a prohibited practice may bring a private action to recover actual damages, and the court may, in its discretion, award reasonable attorney's fees and costs. The MCPA does not authorize treble damages or class actions in private suits.

12. Pre-Suit Prerequisite. Under Miss. Code Ann. § 75-24-15(2), before commencing a private action Claimant must make a reasonable attempt to resolve this claim through an informal dispute settlement program approved by the Mississippi Attorney General. This letter constitutes Claimant's good-faith pre-suit demand and attempt at informal resolution.

IV. Demand for Relief

13. 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.

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

15. 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.

16. Reservation of Public Enforcement. Claimant reserves all rights to file complaints with the Federal Communications Commission, the Federal Trade Commission, the Mississippi Public Service Commission, and the Mississippi Attorney General's Consumer Protection Division.

V. Litigation Hold / Evidence Preservation Notice

17. 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/artificial-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 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

18. 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

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

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

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

21. Settlement Discussions. This letter is sent in furtherance of settlement and as a pre-suit attempt at informal resolution. If and to the extent it constitutes compromise negotiations concerning a disputed claim, Federal Rule of Evidence 408 and Miss. R. Evid. 408 may limit specified evidentiary uses. Those rules do not themselves make this ordinary demand confidential or privileged. 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 / Mississippi No-Call confirmation
☐ Exhibit C — Voicemail recordings / audio
☐ Exhibit D — Prior opt-out / STOP correspondence
☐ Certified Mail Return Receipt (PS Form 3811)

cc: [Optional: Mississippi Attorney General, Consumer Protection Division, P.O. Box 220, Jackson, MS 39205]

Pre-Send Checklist

☐ Confirmed Claimant is the residential 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 / Mississippi No-Call registration date (if relied upon)
☐ Checked for time-of-day / day-of-week violations (Mon.–Sat. 8 a.m.–8 p.m.)
☐ Confirmed lack of (or revocation of) prior express consent
☐ Identified willful/knowing violations for trebling (federal)
☐ Documented the § 75-24-15(2) informal-dispute-settlement attempt (MCPA prerequisite)
☐ Confirmed claim involves goods/services for personal, family, or household purposes (MCPA standing)
☐ Calculated TCPA statutory damages and Mississippi actual damages
☐ Verified registered agent and principal address through Mississippi 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 3-year Mississippi SOL (Miss. Code Ann. § 15-1-49) calculated and tickled
☐ Reviewed by Mississippi-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
• Miss. Code Ann. § 77-3-701 (Mississippi Telephone Solicitation Act, short title) — https://law.justia.com/codes/mississippi/title-77/chapter-3/article-15/section-77-3-701/
• Miss. Code Ann. §§ 77-3-701 to 77-3-739 (Telephone Solicitation Act) — https://law.justia.com/codes/mississippi/title-77/chapter-3/article-15/
• Miss. Code Ann. § 75-24-5 (prohibited acts) — https://law.justia.com/codes/mississippi/title-75/chapter-24/
• Miss. Code Ann. § 75-24-15 (private action) — https://law.justia.com/codes/mississippi/title-75/chapter-24/
• Mississippi AG Consumer Protection Division — https://attorneygenerallynnfitch.com/divisions/consumer-protection/
• National Do-Not-Call Registry — https://www.donotcall.gov/