TCPA Demand Letter - Vermont

VERMONT TCPA DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[SENDER NAME OR LAW FIRM]
[Street Address]
[City, Vermont ZIP]
Telephone: [(___) ___-____]
Email: [______________________]
[VT 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; 9 V.S.A. § 2464e (Vermont robocall prohibition); 9 V.S.A. §§ 2464a, 2464c (telephone solicitations); Vermont Consumer Protection Act, 9 V.S.A. § 2451 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 Vermont consumer residing at [ADDRESS], County of [____________], State of Vermont, 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 a "seller, solicitor, or other violator" within the meaning of 9 V.S.A. § 2461(b).

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and/or facsimile transmissions to Claimant's telephone number(s) without prior express consent (or after consent was revoked / after a do-not-call request / while the number was on a Do-Not-Call registry):

Total documented violations: [____]

III. Legal Framework — Overlapping Federal and Vermont 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. Vermont Robocall Prohibition — 9 V.S.A. § 2464e [VERMONT "MINI-TCPA" — FLAGGED]

Effective July 1, 2023, Vermont enacted its own robocall prohibition expressly coextensive with the federal TCPA:

• Intent (§ 2464e(a)): to create a State-law prohibition on robocalls to Vermont consumers "coextensive with the federal limitations created in the Telephone Consumer Protection Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the regulations adopted under those Acts, and the judicial construction of these laws."
• Prohibition (§ 2464e(b)): "A person shall not initiate an automatically dialed or prerecorded telephone call to a Vermont consumer in violation of the federal Telephone Consumer Protection Act, 47 U.S.C. § 227; the federal Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101–6108; and the regulations adopted pursuant to those Acts."
• Civil violation (§ 2464e(c)): a violation is also a violation of § 2453 (Vermont Consumer Protection Act); each prohibited call is a separate violation; and a person who receives a prohibited call may bring an action in Superior Court for damages or a civil penalty, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney's fees. The court "may issue an award for the greater of a person's damages or a civil penalty of $500.00 for a first violation and $1,000.00 for each subsequent violation."
• Criminal penalty (§ 2464e(d)): a knowing and willful violation is punishable by imprisonment up to 90 days or a fine up to $1,000 per violation, or both.

C. Vermont Telephone-Solicitation Statutes — 9 V.S.A. §§ 2464a–2464d

• Prohibited telephone solicitations — 9 V.S.A. § 2464a: restricts unlawful telephone solicitations to Vermont consumers.
• Private cause of action — 9 V.S.A. § 2464c: a person who receives a call in violation of § 2464a(b) may sue in Superior Court for the greater of actual damages or $500 (first violation) / $1,000 (each subsequent violation), plus punitive damages for willful violations, injunctive relief, costs, and attorney's fees.
• Registration / preference service — §§ 2464b, 2464d.

D. Vermont Consumer Protection Act — 9 V.S.A. § 2451 et seq.

The Vermont Consumer Protection Act prohibits unfair or deceptive acts or practices in commerce (§ 2453), with the stated purpose of complementing federal enforcement (§ 2451). The private right of action, 9 V.S.A. § 2461(b), allows a consumer who sustains damages from a prohibited practice to recover the amount of damages, or the consideration or the value of the consideration, reasonable attorney's fees, and exemplary damages not exceeding three times the value of the consideration where the seller or solicitor acted in bad faith or maliciously. A § 2464e robocall violation is itself a § 2453 violation (§ 2464e(c)(1)).

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)
☐ Automatically dialed / prerecorded call in violation of the federal TCPA — 9 V.S.A. § 2464e(b)
☐ Prohibited telephone solicitation — 9 V.S.A. § 2464a(b)
☐ Unfair or deceptive act or practice in commerce — 9 V.S.A. § 2453
☐ 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 (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

Claimant requests preservation of the following potentially relevant documents, electronically stored information (ESI), and tangible evidence while the dispute is evaluated:

☐ 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
☐ National and internal Do-Not-Call scrubbing records and policies (31-day scrub logs)
☐ Internal do-not-call lists and records of honoring opt-out requests
☐ Procedures designed to ensure compliance with §§ 2464a and 2464b (relevant to punitive damages under § 2464c)
☐ 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

This request does not state that a preservation duty, sanction, or adverse-inference remedy has arisen. Counsel should determine the appropriate scope and any legal consequence from the actual dispute, anticipated-litigation facts, and current governing law.

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 Vermont law (9 V.S.A. § 2464e; §§ 2464a, 2464c; and the Vermont Consumer Protection Act, § 2451 et seq.), and may include a complaint to the Federal Communications Commission, the Federal Trade Commission, and the Vermont Attorney General's Consumer Assistance Program.

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)
Vermont State Bar No. [__________] (if attorney)
[Firm Name]
[Street Address]
[City, VT 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 Vermont Secretary of State business search (https://bizfilings.vermont.gov/online/businessinquire/)
☐ 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 federal claim is within the 4-year SOL (28 U.S.C. § 1658)
☐ Confirmed the calls occurred on or after July 1, 2023 for the § 2464e robocall claim (effective date)
☐ Confirmed whether the calls support punitive damages under § 2464e(c)(3)(A) (willful) and exemplary damages under § 2461(b)
☐ Preserved Claimant-side evidence (screenshots, voicemails, carrier records)
☐ Removed all `` comments
☐ Sent via certified mail, return receipt requested, and retained delivery confirmation
☐ Reviewed by Vermont-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
• 9 V.S.A. § 2464e (Robocalls; prohibition; penalty): https://law.justia.com/codes/vermont/title-9/chapter-63/section-2464e/
• 9 V.S.A. § 2464c (Private cause of action — telephone solicitations): https://law.justia.com/codes/vermont/title-9/chapter-63/section-2464c/
• 9 V.S.A. § 2461 (Civil penalty; private right of action; exemplary damages): https://law.justia.com/codes/vermont/title-9/chapter-63/section-2461/
• 9 V.S.A. ch. 63 (Vermont Consumer Protection): https://legislature.vermont.gov/statutes/fullchapter/09/063
• Vermont Attorney General — Consumer Assistance Program: https://ago.vermont.gov/cap
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021) (ATDS definition)