TCPA Demand Letter - Utah

UTAH TCPA DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[SENDER NAME OR LAW FIRM]
[Street Address]
[City, Utah ZIP]
Telephone: [(___) ___-____]
Email: [______________________]
[UT Bar No. / File No., if applicable]

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; Utah Telephone and Facsimile Solicitation Act, Utah Code § 13-25a-101 et seq. (esp. §§ 13-25a-103, 13-25a-107); Utah Consumer Sales Practices Act, Utah Code § 13-11-1 et seq.
Claimant: [CLAIMANT FULL NAME]
Claimant Telephone Number(s) Called: [____________]
Date Range of Violations: [__/__/____] through [__/__/____]
Number of Offending Calls/Texts/Faxes: [____]

I. Parties

Claimant: [CLAIMANT FULL NAME], a Utah resident residing at [ADDRESS], County of [____________], State of Utah, 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 [__/__/____] / ☐ notified Respondent of an objection to receiving solicitations on [__/__/____] (relevant to the two-call trigger in § 13-25a-107(1)(a)) / ☐ 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 a "telephone solicitor" within the meaning of Utah Code ch. 13-25a.

II. The Offending Communications (Call Log)

Respondent and/or its agents placed the following calls, text messages, and/or facsimile transmissions to Claimant's telephone number(s) without prior express consent (or after consent was revoked / after Claimant objected / outside permitted hours / while the number was on a Do-Not-Call registry):

Total documented violations: [____]

III. Legal Framework — Overlapping Federal and Utah Liability

A. Federal TCPA — 47 U.S.C. § 227

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

• 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.
• Artificial or prerecorded calls to residential lines — § 227(b)(1)(B): the statute prohibits these calls without prior express consent unless the call is for an emergency purpose, concerns specified federal debt, or falls within an FCC exemption. Current 47 C.F.R. § 64.1200(a)(3) contains consent rules, numerical limits, and opt-out conditions that must be applied to the call type.
• 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 / company-specific request — 47 C.F.R. § 64.1200(d)(3): requires the caller to record the request when made and honor it within a reasonable time not exceeding ten business days.
• Unsolicited fax advertisements — § 227(b)(1)(C): generally prohibits sending unsolicited advertisements to a telephone facsimile machine unless the statutory established-business-relationship, number-acquisition, and notice conditions are satisfied; a compliant opt-out request ends the exception.

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.
Statute of limitations: generally 4 years after accrual — 28 U.S.C. § 1658(a).
Private right of action: expressly provided — § 227(b)(3), (c)(5).

B. Utah Telephone and Facsimile Solicitation Act — Utah Code § 13-25a-101 et seq.

• Prohibited conduct — Utah Code § 13-25a-103: (1) a person may not operate an automated telephone dialing system to make a telephone solicitation, except (2) with the prior express consent of the person called or where there is an established business relationship; (3) a person may not make a solicitation to a residential or cellular number without consent between 9 p.m. and 8 a.m. local time, on a Sunday, or on a legal holiday; (4) a person may not make or authorize a telephone solicitation in violation of 47 U.S.C. § 227; and (5) the solicitor must identify itself and the business, state the purpose, discontinue on a negative response, and disconnect an autodialer within 25 seconds.
• Private action — Utah Code § 13-25a-107: a person may sue if (a) the person received two or more solicitations/fax advertisements from the same entity that violate the chapter or 47 U.S.C. § 227 after notifying the sender of an objection, or (b) the person received one solicitation/fax advertisement violating § 13-25a-103(1), (3), (5), or (6) or § 13-25a-104(1). On such a suit, the person may recover the greater of $500 or the amount of pecuniary loss, plus court costs and reasonable attorneys' fees, and may enjoin the conduct; if the court finds the violation was knowing and willful, it may award treble the pecuniary loss (and the greater of $1,000 or treble for an on-call emergency provider who had notified the sender).

C. Utah Consumer Sales Practices Act — Utah Code § 13-11-1 et seq.

Where the unlawful calling is paired with a deceptive or unconscionable consumer "sales practice," the Utah Consumer Sales Practices Act provides a private action under Utah Code § 13-11-19. A consumer who suffers loss as a result of a violation may recover actual damages plus court costs. Plead the Utah Consumer Sales Practices Act where the call misrepresented the seller, the offer, or the purpose of the solicitation.

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 to a cellular number 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)
☐ Unsolicited fax advertisement(s) — 47 U.S.C. § 227(b)(1)(C)
☐ Autodialed solicitation without consent / EBR — Utah Code § 13-25a-103(1)-(2)
☐ Solicitation during prohibited hours (9 p.m.–8 a.m., Sunday, or legal holiday) — Utah Code § 13-25a-103(3)
☐ Failure to identify / discontinue / disconnect — Utah Code § 13-25a-103(5)
☐ Solicitation in violation of the federal TCPA — Utah Code § 13-25a-103(4)
☐ Deceptive or unconscionable consumer sales practice — Utah Code § 13-11-1 et seq.
☐ 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, text messages, and facsimile transmissions 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 consent or an established business relationship under Utah Code § 13-25a-103(2), Respondent must produce a copy of that consent or proof of the relationship, including the date, method, and any 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 analysis)
☐ Prerecorded/artificial-voice audio files and text/SMS content and templates
☐ Consent records, established-business-relationship records, lead-source data, opt-in records, and any signed consent writings
☐ National and internal Do-Not-Call scrubbing records and policies (31-day scrub logs)
☐ Records of Claimant's objection and Respondent's handling of it (relevant to § 13-25a-107(1)(a))
☐ Calling-time logs (relevant to § 13-25a-103(3)) and caller-ID configuration / 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 Utah law (Utah Code § 13-25a-101 et seq., esp. §§ 13-25a-103, 13-25a-107; and the Utah Consumer Sales Practices Act, § 13-11-1 et seq.), and may include a complaint to the Federal Communications Commission, the Federal Trade Commission, and the Utah Division of 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)
Utah State Bar No. [__________] (if attorney)
[Firm Name]
[Street Address]
[City, UT 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 Utah Division of Corporations business search (https://corporations.utah.gov/)
☐ Confirmed each call/text/fax 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 § 13-25a-107(1) trigger is met (two solicitations after objection, OR one solicitation violating § 103(1), (3), (5), (6) or § 104(1))
☐ Confirmed the federal claim is within the 4-year SOL (28 U.S.C. § 1658)
☐ Confirmed whether the calls support treble pecuniary loss under § 13-25a-107(2)(b) (knowing and willful)
☐ Preserved Claimant-side evidence (screenshots, voicemails, carrier records, the objection notice)
☐ Removed all `` comments
☐ Sent via certified mail, return receipt requested, and retained delivery confirmation
☐ Reviewed by Utah-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
• Utah Code § 13-25a-103 (prohibited conduct for telephone solicitations): https://le.utah.gov/xcode/Title13/Chapter25A/13-25a-S103.html
• Utah Code § 13-25a-107 (private action): https://le.utah.gov/xcode/Title13/Chapter25A/13-25a-S107.html
• Utah Code ch. 13-25a (Telephone and Facsimile Solicitation Act): https://le.utah.gov/xcode/Title13/Chapter25a/13-25a.html
• Utah Consumer Sales Practices Act, Utah Code § 13-11-1 et seq.: https://le.utah.gov/xcode/Title13/Chapter11/13-11.html
• Utah Division of Consumer Protection: https://consumerprotection.utah.gov/
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021) (ATDS definition)