TCPA Demand Letter - Oregon

OREGON TCPA DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[SENDER NAME OR LAW FIRM]
[Street Address]
[City], Oregon [ZIP]
Telephone: [____________]
Email: [____________]
OSB 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; Oregon telephone-solicitation statutes, ORS 646.561 to 646.565; Oregon Unlawful Trade Practices Act, ORS 646.605 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 Oregon resident residing at [ADDRESS], [____________] County, State of Oregon, who is the subscriber and/or customary user of the telephone number(s) [____________] and a "party" within the meaning of ORS 646.561(3). Claimant ☐ registered the number(s) on the National Do-Not-Call Registry on [__/__/____] / ☐ stated a desire not to be called again on [__/__/____] / ☐ revoked any prior consent on [__/__/____].

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following calls and/or text messages to Claimant's telephone number(s) without prior express consent (or after consent was revoked / after a request not to be called / while the number was on a Do-Not-Call registry):

Total documented violations: [____]

III. Legal Framework — Overlapping Federal and Oregon Liability

A. Federal TCPA — 47 U.S.C. § 227

The federal TCPA is the primary vehicle for individual statutory-damages claims:

• Autodialed / prerecorded calls and texts to cell phones — § 227(b)(1)(A): prohibits calls or texts using an ATDS or an artificial or prerecorded voice to a cellular number without prior express consent. For telemarketing, prior express written consent is required (47 C.F.R. § 64.1200(a)(2)). Under Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), an ATDS uses a random or sequential number 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. Oregon Telephone-Solicitation and ADAD Statutes

• Telephone solicitation — ORS 646.561 to 646.565: As amended by 2025 Or. Laws ch. 580 (HB 3865), effective January 1, 2026, "telephone solicitation" expressly includes text messages (ORS 646.561(4)). The amendments prohibit solicitations outside 8 a.m. to 8 p.m., cap solicitations at no more than three within a 24-hour period, and require callers to immediately stop contacting a party who requests no further communication.
• Do-not-call request — ORS 646.563: a person engages in an unlawful practice if, during a telephone solicitation, the called party states a desire not to be called again and the caller nonetheless calls again.
• Automatic dialing and announcing devices — ORS 646A.370 to 646A.374 (the protections formerly found at ORS 646.872): restrict the use of automated devices that select and dial numbers and deliver recorded messages, including, as amended, a requirement that automated systems provide an opt-out within the first 10 seconds of a call and a prohibition on misrepresenting caller identity or purpose. A violation of ORS 646A.372 is an unlawful trade practice under ORS 646.608.

C. Oregon Unlawful Trade Practices Act — ORS 646.605 to 646.652

The UTPA declares a long list of practices unlawful in ORS 646.608, and a violation of the ADAD/solicitation provisions is actionable as an unlawful trade practice. Private civil action — ORS 646.638(1): a person who suffers an ascertainable loss of money or property as a result of another's willful use of a method, act, or practice declared unlawful under ORS 646.608 may bring an individual action "to recover actual damages or statutory damages of $200, whichever is greater." The court or jury may award punitive damages, and the court may grant any equitable relief it considers proper. The court may award reasonable attorney fees and costs to a prevailing plaintiff — ORS 646.638(3).

IMPORTANT — UTPA LIMITATIONS: A UTPA private action requires an ascertainable loss and a willful violation, and must be commenced within one (1) year after discovery of the unlawful practice — ORS 646.638(6). This is much shorter than the federal TCPA's 4-year SOL, so the federal claim is ordinarily the primary damages vehicle. A plaintiff must also mail a copy of the complaint to the Oregon Attorney General at commencement — ORS 646.638(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)
☐ Telephone solicitation outside 8 a.m.–8 p.m. or exceeding 3 calls/24 hours — ORS 646.561; 646.565
☐ Continued solicitation after a request not to be called again — ORS 646.563
☐ Unlawful use of an automatic dialing and announcing device — ORS 646A.370 to 646A.374
☐ Unlawful trade practice — ORS 646.608
☐ 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 date, method, and signed writing, 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 / ADAD analysis)
☐ Prerecorded/artificial-voice audio files and text/SMS content and templates
☐ Consent records, lead-source data, opt-in records, and any signed consent writings
☐ Internal and National Do-Not-Call scrubbing records and policies (31-day scrub logs)
☐ Records of call times and per-number call frequency (ORS 646.561; 646.565 compliance)
☐ Opt-out mechanism configuration and records (ORS 646A.372)
☐ Caller-ID configuration and any spoofing/blocking records
☐ 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 Oregon law (ORS 646.561 to 646.565; ORS 646A.370 to 646A.374; and the Oregon UTPA, ORS 646.605 et seq.), and may include a complaint to the Federal Communications Commission, the Federal Trade Commission, and the Oregon Department of Justice, Consumer Protection.

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)
Oregon State Bar No. [__________] (if attorney)
[Firm Name]
[Street Address]
[City], Oregon [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 Oregon Secretary of State (https://sos.oregon.gov/business/Pages/find.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 the federal claim is within the 4-year SOL (28 U.S.C. § 1658)
☐ Calendared the 1-year UTPA SOL from discovery (ORS 646.638(6)) — much shorter than the federal SOL
☐ If suing under the UTPA, confirmed ascertainable loss + willfulness and planned to mail the complaint to the Oregon AG (ORS 646.638(2))
☐ Confirmed which ORS 646.561–646.565 provisions apply given the Jan. 1, 2026 amendments (2025 Or. Laws ch. 580)
☐ Preserved Claimant-side evidence (screenshots, voicemails, carrier records)
☐ Removed all <!-- --> comments
☐ Sent via certified mail, return receipt requested, and retained delivery confirmation
☐ Reviewed by Oregon-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
• ORS 646.561 (telephone solicitation definitions; 2025 amendments): https://oregon.public.law/statutes/ors_646.561
• ORS 646.563 (solicitation of party who states desire not to be called): https://oregon.public.law/statutes/ors_646.563
• 2025 Or. Laws ch. 580 (HB 3865, eff. Jan. 1, 2026): https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2025orlaw0580.pdf
• Oregon Unlawful Trade Practices Act, ORS 646.608: https://oregon.public.law/statutes/ors_646.608
• ORS 646.638 (private civil action; damages; attorney fees; 1-year SOL): https://oregon.public.law/statutes/ors_646.638
• Oregon DOJ — Consumer Protection: https://www.doj.state.or.us/consumer-protection/
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021) (federal ATDS definition)