TCPA Demand Letter - Virginia

VIRGINIA TCPA DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[SENDER NAME OR LAW FIRM]
[Street Address]
[City, State ZIP]
Telephone: [____________]
Email: [____________]
[VA 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; Virginia Telephone Privacy Protection Act, Va. Code §§ 59.1-510 to 59.1-518; Virginia Consumer Protection Act, Va. Code §§ 59.1-196 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 Virginia resident residing at [ADDRESS], County/City of [____________], Commonwealth of Virginia, 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 in Virginia 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 liable. Under Va. Code § 59.1-514.1, a telephone solicitation is presumed to have been made on behalf of and for the benefit of the seller of the advertised goods or services, and Respondent is a "responsible person" under Va. Code § 59.1-510 unless that presumption is rebutted by clear and convincing evidence.

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following calls and/or text messages to Claimant's telephone number(s) without prior express consent (or after consent was revoked / after a do-not-call request / while the number was on a Do-Not-Call registry):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

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).

B. Virginia Telephone Privacy Protection Act (VTPPA) — Va. Code §§ 59.1-510 to 59.1-518

Virginia's mini-TCPA provides an independent, escalating statutory-damages claim and is, in several respects, more favorable to Claimant than the federal statute:

• Coverage — Va. Code § 59.1-510: a "telephone solicitation" includes any call or text to a Virginia resident's landline or wireless number, or to a number with a Virginia area code, made to offer or advertise property, goods, or services.
• Caller-ID transmission required — Va. Code § 59.1-513: the solicitor must transmit a telephone number that permits a stop request during regular business hours and, when available through the solicitor's carrier, the solicitor's name. The solicitor may not intentionally block transmission or cause false or misleading identification information to be displayed. A customer-service name and number may be substituted as subsection (C) permits.
• Do-not-call / National Registry — Va. Code § 59.1-514: prohibits telephone solicitations to a number on the National Do Not Call Registry and after a consumer has asked the seller or solicitor to stop calling. The request must be honored for at least 10 years; for a text solicitation, the statutory request is made by replying “UNSUBSCRIBE” or “STOP.” Apply the signed-permission, established-business-relationship, personal-relationship, and due-care defenses only when their statutory facts are satisfied.
• Joint liability and presumption — Va. Code § 59.1-514.1: the solicitation is presumed made on behalf of and for the benefit of the seller, and both the solicitor and the seller may be "responsible persons" jointly liable, unless rebutted by clear and convincing evidence.
• Individual action and damages — Va. Code § 59.1-515: any natural person aggrieved by a violation may sue to enjoin the violation and to recover $500 for a first violation, $1,000 for a second violation, and $5,000 for each subsequent violation (§ 59.1-515(A)); for a willful violation the court may increase a first or second violation up to $5,000 (§ 59.1-515(B)); and the court may award reasonable attorney fees and court costs (§ 59.1-515(C)).

C. Virginia Consumer Protection Act (VCPA) — Va. Code §§ 59.1-196 et seq.

The VCPA prohibits a broad list of fraudulent, deceptive, and misleading acts in connection with a consumer transaction (Va. Code § 59.1-200). Where the calls/texts involved deceptive telemarketing tied to the advertisement, offer, or sale of goods or services for personal, family, or household use, the VCPA may apply. Under Va. Code § 59.1-204, a person who suffers loss from a violation may recover actual damages or $500, whichever is greater; if the violation was willful, the trier of fact may increase damages to no more than three times actual damages or $1,000, whichever is greater; and reasonable attorney fees and court costs may be awarded.

VCPA CURE-OFFER NOTE: Under Va. Code § 59.1-204(C), a supplier may deliver a cure offer before filing its initial responsive pleading. If timely delivered, the supplier may introduce it at trial and is not liable for attorney fees and costs incurred after delivery unless the damages awarded, excluding fees and costs, exceed the offer's value. Acceptance also restricts substantially fact-overlapping claims under § 59.1-204(A). Have Virginia counsel evaluate any offer promptly.

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)
☐ Telephone solicitation to a Registry number / after a stop request — Va. Code § 59.1-514
☐ Failure to transmit accurate caller-ID / spoofing — Va. Code § 59.1-513
☐ Seller/solicitor joint liability — Va. Code § 59.1-514.1
☐ Deceptive consumer transaction (VCPA) — Va. Code § 59.1-200, 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 seller 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 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)
☐ Internal do-not-call lists and records of honoring opt-out requests
☐ Caller-ID configuration and any spoofing/blocking records (Va. Code § 59.1-513)
☐ Contracts, agency agreements, and indemnity terms with dialer vendors, sellers, 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)), the Virginia Telephone Privacy Protection Act (Va. Code § 59.1-515), and, where applicable, the Virginia Consumer Protection Act (Va. Code § 59.1-204), and may include a complaint to the Federal Communications Commission, the Federal Trade Commission, and the Office of the Attorney General of Virginia.

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)
Virginia State Bar No. [__________] (if attorney)
[Firm Name]
[Street Address]
[City, VA 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 Virginia State Corporation Commission (https://cis.scc.virginia.gov/)
☐ 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)
☐ Sequenced VTPPA violations correctly (first $500 / second $1,000 / subsequent $5,000) under § 59.1-515(A)
☐ Considered whether the VCPA applies and whether to preserve cure-offer leverage (§ 59.1-204(A), (C))
☐ Preserved Claimant-side evidence (screenshots, voicemails, carrier records)
☐ Removed all `` comments
☐ Sent via certified mail, return receipt requested, and retained delivery confirmation
☐ Reviewed by Virginia-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
• Virginia Telephone Privacy Protection Act, Va. Code §§ 59.1-510 to 59.1-518: https://law.lis.virginia.gov/vacodepopularnames/virginia-telephone-privacy-protection-act/
• Va. Code § 59.1-515 (individual action for damages): https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-515/
• Va. Code § 59.1-513 (caller-ID transmission required): https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-513/
• Va. Code § 59.1-514.1 (joint liability; presumption): https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-514.1/
• Virginia Consumer Protection Act, Va. Code §§ 59.1-196 et seq.: https://law.lis.virginia.gov/vacodepopularnames/virginia-consumer-protection-act/
• Va. Code § 59.1-204 (VCPA individual action): https://law.lis.virginia.gov/vacode/title59.1/chapter17/section59.1-204/
• National Do Not Call Registry: https://www.donotcall.gov/
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021) (ATDS definition)