TCPA Demand Letter - Rhode Island

RHODE ISLAND TCPA DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[SENDER NAME OR LAW FIRM]
[Street Address]
[City], Rhode Island [ZIP]
Telephone: [____________]
Email: [____________]
RI Bar 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; Rhode Island Telephone Sales Solicitation Act, R.I. Gen. Laws § 5-61-1 et seq.; R.I. Gen. Laws § 11-35-26; Rhode Island Deceptive Trade Practices Act, R.I. Gen. Laws § 6-13.1-1 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], a Rhode Island resident residing at [ADDRESS], County of [____________], State of Rhode Island, who is the subscriber and/or customary user of the telephone number(s) [____________]. Claimant ☐ registered the number(s) on the National Do-Not-Call Registry on [__/__/____] / ☐ previously requested no further calls from Respondent 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. Respondent ☐ is / ☐ is not registered as a telephonic seller with the Rhode Island Department of Attorney General as required by R.I. Gen. Laws § 5-61-3.

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following calls and/or text messages to Claimant's telephone number(s) without prior express consent (or after consent was revoked / after a do-not-call request / while the number was on a Do-Not-Call registry):

Total documented violations: [____]

III. Legal Framework — Overlapping Federal and Rhode Island 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. Rhode Island Robocall and Telephone-Solicitation Statutes

• Automatic telephone dialing systems — R.I. Gen. Laws § 11-35-26: any person who operates an automatic telephone dialing system in Rhode Island that fails, within five (5) seconds after the called party hangs up, to create a disconnect signal or on-hook condition releasing the line is guilty of a misdemeanor, punishable by a fine of up to $200 for each occurrence. The statute defines an "automatic telephone dialing system" as terminal equipment capable of storing or producing numbers using a random or sequential number generator and delivering a prerecorded message.
• Telephone Sales Solicitation Act — R.I. Gen. Laws § 5-61-1 et seq.: requires telephonic sellers to register with the Attorney General's Consumer Protection Unit (§ 5-61-3) and post security (§ 5-61-3.1), and imposes disclosure duties (§ 5-61-3.3).
• Prerecorded / ADAD calls — § 5-61-3.4: a telephonic seller may not use or connect an automatic-dialing-announcing device unless the subscriber knowingly requested or consented to the message, or the message is immediately preceded by a live operator who obtains consent; the device must release the subscriber's line within five (5) seconds of the call's termination.
• Hours of operation — § 5-61-3.6: prohibits unsolicited telephonic sales calls outside permitted hours; a violation is a misdemeanor, punishable by a fine of up to $500 per violation.

CRIMINAL ENFORCEMENT — NO STANDALONE PRIVATE ACTION: R.I. Gen. Laws § 11-35-26 and the TSSA (§ 5-61) are criminally enforced (and the TSSA primarily by the Attorney General); they do not themselves create a private civil cause of action for the called party. The consumer's private monetary recovery runs through the federal TCPA and the Rhode Island Deceptive Trade Practices Act below; the state telemarketing violations serve as powerful evidence of an unfair or deceptive practice under the DTPA.

C. Rhode Island Deceptive Trade Practices Act — R.I. Gen. Laws § 6-13.1-1 et seq.

The DTPA declares unlawful "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce" (§ 6-13.1-2). Private and class actions — § 6-13.1-5.2(a): any person who purchases or leases goods or services primarily for personal, family, or household purposes and thereby suffers any ascertainable loss of money or property as a result of an unlawful practice may bring an action in superior court "to recover actual damages or five hundred dollars ($500), whichever is greater. The court may award damages equal to three (3) times the amount of actual damages and, in its discretion, provide other equitable relief." The court may also award reasonable attorney's fees and costs (§ 6-13.1-5.2(d)). Upon commencement, the clerk mails a copy of the complaint to the Attorney General (§ 6-13.1-5.2(c)).

IMPORTANT — DTPA ELEMENTS: A DTPA private action requires the purchase or lease of goods/services for personal, family, or household purposes and an ascertainable loss. For bare unwanted calls untethered to a transaction, the federal TCPA is the cleaner per-call damages vehicle; the DTPA is pleaded where the calls are connected to a covered consumer transaction or to obtain treble damages and fees.

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)
☐ Automatic dialing system failing to disconnect within 5 seconds — R.I. Gen. Laws § 11-35-26
☐ Prerecorded/ADAD call without consent or proper live-operator disclosure — R.I. Gen. Laws § 5-61-3.4
☐ Telephonic sales call outside permitted hours — R.I. Gen. Laws § 5-61-3.6
☐ Telephonic seller failed to register — R.I. Gen. Laws § 5-61-3
☐ Unfair or deceptive trade practice — R.I. Gen. Laws § 6-13.1-2
☐ 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, and produce Respondent's Rhode Island telephonic-seller registration (or confirm it has none).

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), including disconnect-signal configuration (§ 11-35-26; § 5-61-3.4)
☐ Prerecorded/artificial-voice audio files and text/SMS content and templates
☐ Consent records, lead-source data, opt-in records, live-operator scripts, and any signed consent writings
☐ Internal and National Do-Not-Call scrubbing records and policies (31-day scrub logs)
☐ Records of call times to confirm hours-of-operation compliance (§ 5-61-3.6)
☐ Rhode Island telephonic-seller registration and security records (§ 5-61-3; § 5-61-3.1)
☐ 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 the Rhode Island Deceptive Trade Practices Act (R.I. Gen. Laws § 6-13.1-5.2), and may include a complaint to the Federal Communications Commission, the Federal Trade Commission, and the Rhode Island Department of Attorney General, Consumer Protection Unit (which enforces R.I. Gen. Laws § 11-35-26 and § 5-61).

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)
Rhode Island Bar No. [__________] (if attorney)
[Firm Name]
[Street Address]
[City], Rhode Island [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 Rhode Island Secretary of State (https://business.sos.ri.gov/CorpWeb/CorpSearch/CorpSearch.aspx)
☐ Checked whether Respondent is registered as a telephonic seller with the RI Department of Attorney General (§ 5-61-3)
☐ 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)
☐ Confirmed the DTPA theory requires a covered consumer transaction + ascertainable loss (§ 6-13.1-5.2)
☐ Noted that § 11-35-26 and § 5-61 are criminally enforced (no private civil action) and used as evidence supporting the DTPA claim
☐ Preserved Claimant-side evidence (screenshots, voicemails, carrier records)
☐ Removed all <!-- --> comments
☐ Sent via certified mail, return receipt requested, and retained delivery confirmation
☐ Reviewed by Rhode Island-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
• R.I. Gen. Laws § 11-35-26 (automatic telephone dialing systems failing to disconnect): https://law.justia.com/codes/rhode-island/title-11/chapter-11-35/section-11-35-26/
• R.I. Gen. Laws § 5-61-3.4 (prerecorded/synthesized voice messages; ADAD): https://law.justia.com/codes/rhode-island/title-5/chapter-5-61/section-5-61-3-4/
• R.I. Gen. Laws § 5-61-3.6 (hours of operation): https://law.justia.com/codes/rhode-island/title-5/chapter-5-61/section-5-61-3-6/
• Rhode Island Telephone Sales Solicitation Act, § 5-61-1 et seq.: https://webserver.rilegislature.gov/Statutes/TITLE5/5-61/INDEX.htm
• R.I. Gen. Laws § 6-13.1-5.2 (DTPA private and class actions): https://law.justia.com/codes/rhode-island/title-6/chapter-6-13-1/section-6-13-1-5-2/
• Rhode Island Attorney General — Consumer Protection: https://riag.ri.gov/consumer-protection
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021) (federal ATDS definition)