TCPA Demand Letter - Oklahoma

OKLAHOMA TCPA DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[SENDER NAME OR LAW FIRM]
[Street Address]
[City], Oklahoma [ZIP]
Telephone: [____________]
Email: [____________]
OBA No.: [____________] (if attorney)
File No.: [____________]

Date and Recipient

Date: [__/__/____]

Via Certified Mail, Return Receipt Requested, No. [____________]
And Via Email to: [____________]

[RECIPIENT NAME / REGISTERED AGENT]
[BUSINESS NAME]
[Street Address]
[City, State ZIP]

Subject Line / Re: Block

RE: DEMAND TO CEASE UNLAWFUL TELEPHONE COMMUNICATIONS AND TO SETTLE CLAIMS — Telephone Consumer Protection Act, 47 U.S.C. § 227; Oklahoma Telephone Solicitation Act of 2022, 15 O.S. § 775C.1 et seq.; Oklahoma Consumer Protection Act, 15 O.S. § 751 et seq.

Claimant: [CLAIMANT FULL NAME]
Claimant Telephone Number(s) Called: [____________]
Date Range of Violations: [__/__/____] through [__/__/____]
Number of Offending Calls/Texts: [____]

I. Parties

Claimant: [CLAIMANT FULL NAME], an Oklahoma resident residing at [ADDRESS], [____________] County, State of Oklahoma, who is the "called party" — the regular user of the telephone number(s) [____________] (15 O.S. § 775C.2(1)). Claimant ☐ registered the number(s) on the National Do-Not-Call Registry on [__/__/____] / ☐ previously requested no further calls from Respondent on [__/__/____] / ☐ never gave prior express written consent to be contacted by an automated system.

Respondent: [BUSINESS NAME], a [STATE OF INCORPORATION] [entity type], whose principal place of business is at [ADDRESS] and whose registered agent is [AGENT NAME] at [AGENT ADDRESS]. Respondent ☐ placed the calls/texts directly / ☐ caused them to be placed by an agent, lead generator, or third-party dialer acting on its behalf, for which Respondent is vicariously liable.

II. The Offending Communications (Call Log)

Respondent and/or its agents placed the following calls and/or text messages to Claimant's telephone number(s) without prior express written consent (or after consent was revoked / after a do-not-call request / while the number was on a Do-Not-Call registry):

Total documented violations: [____]

III. Legal Framework — Overlapping Federal and Oklahoma Liability

A. Federal TCPA — 47 U.S.C. § 227

The federal TCPA is a primary vehicle for individual statutory-damages claims arising from unlawful calls and texts:

• ATDS / artificial- or prerecorded-voice calls to cell phones — § 227(b)(1)(A): subject to the statute and rule's stated exceptions, prohibits calls using an ATDS or an artificial or prerecorded voice to a cellular telephone number without prior express consent. For advertising or telemarketing calls covered by 47 C.F.R. § 64.1200(a)(2), prior express written consent generally is required, subject to the rule's stated nonprofit and health-care exceptions. Under Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), equipment is an ATDS only if it has the capacity either to store a telephone number using a random or sequential number generator or to produce a telephone number using such a generator.
• Prerecorded calls to residential lines — § 227(b)(1)(B).
• National Do-Not-Call Registry — § 227(c) and 47 C.F.R. § 64.1200(c): restricts telephone solicitations to numbers on the National Do-Not-Call Registry; a caller invoking the safe-harbor standards must use a Registry version obtained no more than 31 days before the call (47 C.F.R. § 64.1200(c)(2)). A consumer private action under § 227(c)(5) requires more than one call within a 12-month period by or on behalf of the same entity.
• Internal do-not-call request — 47 C.F.R. § 64.1200(d).

Damages: Section 227(b)(3) permits actual loss or $500 per violation, with a discretionary increase to no more than three times that amount for a willful or knowing violation. Section 227(c)(5) separately requires more than one call within a 12-month period by or on behalf of the same entity and permits actual loss or up to $500 per qualifying violation, with the same discretionary trebling ceiling. Match each call, text, or fax to the specific claim before calculating damages.

B. Oklahoma Telephone Solicitation Act of 2022 — 15 O.S. § 775C.1 et seq.

The OTSA, effective November 1, 2022, creates Oklahoma-specific restrictions and remedies that differ from the post-Duguid federal ATDS standard:

• Prior express written consent — 15 O.S. §§ 775C.2-.3: Section 775C.3(A) prohibits making or knowingly allowing a commercial telephonic sales call that involves an automated system for selecting or dialing telephone numbers or a recorded message played when the call connects unless the called party gave prior express written consent. Section 775C.2(3) requires a signed writing that identifies the authorized telephone number, clearly authorizes the covered telephone call, text message, or voicemail transmission, and states that consent is not a condition of purchasing property, goods, or services.
• Caller identification and voice — 15 O.S. § 775C.3(B)-(C): the caller generally must transmit the originating number and, when the carrier makes it available, the solicitor's name. A permitted substitute is the seller's name and an answered customer-service number. The section separately prohibits intentionally altering the caller's voice to conceal identity for the listed fraudulent, confusing, injurious, or information-gathering purposes.
• Unlawful call conduct — 15 O.S. § 775C.4: commercial telephone sellers and salespersons may not place covered solicitation calls before 8 a.m. or after 8 p.m. in the called person's time zone or make more than three calls to a person in 24 hours on the same subject, regardless of the originating number. They also may not intentionally prevent transmission of caller-identification information or deliberately display a different number to conceal the caller's true identity.
• Rebuttable presumption — 15 O.S. § 775C.3(D): a commercial telephonic sales call to an Oklahoma area code is presumed made to an Oklahoma resident or a person in the state at the time of the call.

Private right of action and damages — 15 O.S. § 775C.6: "A called party who is aggrieved by a violation of this act may bring an action to: (1) Enjoin such violation; and (2) Recover actual damages or Five Hundred Dollars ($500.00), whichever is greater." If the court finds that the defendant willfully or knowingly violated the act or rules adopted under it, the court may increase the award to not more than three times the subsection A amount. The statute does not say that $500 is recoverable separately for each call, so do not calculate a per-call OTSA demand without an Oklahoma attorney's case-specific analysis.

C. Oklahoma Consumer Protection Act — 15 O.S. § 751 et seq.

Where the calls were tied to a deceptive or unconscionable consumer transaction, the OCPA provides a private right of action under 15 O.S. § 761.1 for actual damages plus costs and reasonable attorney fees, and (for unconscionable practices) a civil penalty up to $2,000 per violation in an individual action. The limitations period for an OCPA claim is three (3) years (12 O.S. § 95(A)(2)).

IV. Statement of Violations

Based on the call log in Section II, Respondent committed at least the following violations as to Claimant:

☐ Calls/texts to a cellular number using an ATDS without prior express consent — 47 U.S.C. § 227(b)(1)(A)
☐ Calls/texts using an artificial or prerecorded voice without consent — 47 U.S.C. § 227(b)(1)(A)
☐ Prerecorded calls to a residential line without consent — 47 U.S.C. § 227(b)(1)(B)
☐ Telemarketing without prior express written consent — 47 C.F.R. § 64.1200(a)(2)
☐ More than one call within 12 months by/on behalf of the same entity to a number on the National Do-Not-Call Registry — 47 U.S.C. § 227(c)(5); 47 C.F.R. § 64.1200(c)
☐ Calls continued more than 10 business days after an internal do-not-call request — 47 C.F.R. § 64.1200(d)(3)
☐ Commercial telephonic sales call via an automated system without prior express written consent — 15 O.S. § 775C.3
☐ Failure to transmit required caller-identification information or a permitted substitute — 15 O.S. § 775C.3(B)
☐ Intentional voice alteration for a purpose prohibited by 15 O.S. § 775C.3(C)
☐ Caller-ID blocking or deliberate display of a different number to conceal identity — 15 O.S. § 775C.4(B)
☐ Solicitation call before 8 a.m. or after 8 p.m. local time — 15 O.S. § 775C.4(A)(1)
☐ More than three solicitation calls in a 24-hour period on the same subject — 15 O.S. § 775C.4(A)(2)
☐ Deceptive or unconscionable consumer-transaction practice — Oklahoma Consumer Protection Act, 15 O.S. § 753, if applicable
☐ Other — [_________________________________]

V. Damages and Remedies Calculation

VI. Demand

Pursuant to the authorities above, Claimant demands that Respondent, within [____] days (no later than [__/__/____]):

1. Immediately cease and desist all telephone calls and text messages to Claimant's number(s) and direct all further communications to the undersigned;
2. Place Claimant's number(s) on Respondent's internal do-not-call list and confirm the same in writing;
3. Preserve all evidence identified in Section VII below;
4. Tender settlement of Claimant's claims in the amount of $[__________] in full and final resolution; and
5. Identify every entity, lead generator, dialer vendor, and client on whose behalf the calls/texts were placed.

If Respondent contends it had Claimant's prior express written consent, Respondent must produce a copy of that consent — including the signed writing, date, telephone number, and the § 775C.2(3) disclosures — within the response period.

VII. Litigation Hold / Evidence Preservation Notice

Respondent is on formal notice of its duty to preserve all documents, electronically stored information (ESI), and tangible evidence relevant to the claims, and must immediately suspend any routine destruction or overwriting as applied to:

☐ Outbound and inbound call detail records (CDRs) and dialer logs for Claimant's number(s)
☐ Records identifying the dialing equipment used and its capacity (ATDS / "automated system" analysis)
☐ Prerecorded/artificial-voice audio files and text/SMS content and templates
☐ Prior-express-written-consent records, lead-source data, opt-in records, and any signed consent writings (§ 775C.2(3))
☐ Internal and National Do-Not-Call scrubbing records and policies (31-day scrub logs)
☐ Records of call times and per-number call frequency (§ 775C.4 compliance)
☐ Caller-ID configuration and any spoofing/blocking records (§ 775C.3; § 775C.4(B))
☐ Contracts, agency agreements, and indemnity terms with dialer vendors and lead generators
☐ Backup tapes, cloud-backed copies, audit logs, version histories, and metadata for the foregoing

Spoliation may result in sanctions and adverse-inference instructions.

VIII. Response Deadline and Method

Respondent's written response must be received no later than [__/__/____].

Silence, a boilerplate denial, or continued calling will be treated as a refusal to resolve this matter and will result in the filing of a civil action under the TCPA (47 U.S.C. § 227(b)(3), (c)(5)) and the Oklahoma Telephone Solicitation Act of 2022 (15 O.S. § 775C.6), and may include a complaint to the Federal Communications Commission, the Federal Trade Commission, and the Oklahoma Attorney General, Consumer Protection Unit.

This letter is sent without prejudice to all of Claimant's rights and remedies, which are expressly reserved.

Signature Block

Respectfully submitted,

[________________________________]
[ATTORNEY NAME] (or Claimant pro se)
Oklahoma Bar Association No. [__________] (if attorney)
[Firm Name]
[Street Address]
[City], Oklahoma [ZIP]
Telephone: [____________]
Email: [____________]
Counsel for Claimant [CLAIMANT NAME] (if represented)

cc: ☐ Claimant
☐ File

Pre-Send Checklist

☐ Verified Respondent's legal name and registered agent via the Oklahoma Secretary of State (https://www.sos.ok.gov/corp/corpInquiryFind.aspx)
☐ Confirmed each call/text is documented with date, time, and calling number in the Section II log
☐ Confirmed whether Claimant's number was on the National Do-Not-Call Registry and the registration date
☐ Confirmed no OTSA § 775C.5 exemption applies (established business relationship, B2B, religious/charitable/political, etc.)
☐ Confirmed the federal claim is within the 4-year SOL (28 U.S.C. § 1658) and any OCPA claim within the 3-year SOL (12 O.S. § 95(A)(2))
☐ Confirmed the OTSA private-action elements under 15 O.S. § 775C.6 and obtained Oklahoma-counsel analysis of the award measure; the statute does not state that $500 applies per call
☐ Preserved Claimant-side evidence (screenshots, voicemails, carrier records)
☐ Removed all <!-- --> comments
☐ Sent via certified mail, return receipt requested, and retained delivery confirmation
☐ Reviewed by Oklahoma-licensed counsel before transmission

Sources and References

• Telephone Consumer Protection Act, 47 U.S.C. § 227: https://www.law.cornell.edu/uscode/text/47/227
• FCC TCPA implementing rules, 47 C.F.R. § 64.1200: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• 28 U.S.C. § 1658 (4-year SOL): https://www.law.cornell.edu/uscode/text/28/1658
• Oklahoma Telephone Solicitation Act of 2022, 15 O.S. § 775C.1 (short title): https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=492644
• 15 O.S. § 775C.2 (definitions; prior express written consent): https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=492646
• 15 O.S. § 775C.3 (consent, caller identification, voice alteration, and presumption): https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=492648
• 15 O.S. § 775C.4 (call hours, frequency, and caller identification): https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=492651
• 15 O.S. § 775C.5 (exemptions): https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=492653
• 15 O.S. § 775C.6 (cause of action and damages): https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=492655
• Oklahoma Consumer Protection Act, 15 O.S. § 751 et seq.: https://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKST15&level=1
• 15 O.S. § 761.1 (OCPA private right of action): https://law.justia.com/codes/oklahoma/title-15/section-15-761-1/
• Oklahoma AG — Consumer Protection: https://www.oag.ok.gov/consumer-protection
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021) (federal ATDS definition)