TCPA Demand Letter - Wisconsin

WISCONSIN TCPA DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[SENDER NAME OR LAW FIRM]
[Street Address]
[City, State ZIP]
Telephone: [____________]
Email: [____________]
[WI 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; Wis. Stat. § 100.52; Wis. Stat. § 100.20 and Wis. Admin. Code ch. ATCP 127; Wis. Stat. § 100.18
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 Wisconsin resident residing at [ADDRESS], County of [____________], State of Wisconsin, who is the subscriber and/or customary user of the telephone number(s) [____________]. Claimant ☐ registered the number(s) on the national/state Do-Not-Call registry on [__/__/____] / ☐ previously requested no further calls from Respondent on [__/__/____] / ☐ revoked any prior consent on [__/__/____]. Claimant ☐ is 62 years of age or older / ☐ has a disability (relevant to the supplemental forfeiture a court may impose under Wis. Stat. § 100.264(2) in a public enforcement action; that forfeiture is payable to the state and is not recoverable by Claimant).

Respondent: [BUSINESS NAME], a [STATE OF INCORPORATION] [entity type], whose principal place of business is at [ADDRESS] and whose registered agent in Wisconsin 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 ("telephone solicitor") acting on its behalf, for which Respondent is 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following calls and/or text messages to Claimant's telephone number(s) without prior express consent (or after consent was revoked / after a do-not-call request / while the number was on a Do-Not-Call registry):

Total documented violations: [____]

III. Legal Framework — Overlapping Federal and Wisconsin Liability

A. Federal TCPA — 47 U.S.C. § 227

The federal TCPA is the primary vehicle for per-call statutory damages, which Wisconsin's private remedies do not independently provide:

• 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; telemarketing requires prior express written consent (47 C.F.R. § 64.1200(a)(2)). Per Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), an ATDS uses a random or sequential number generator to store or produce numbers.
• 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. Wisconsin Telephone-Solicitation Law — Wis. Stat. § 100.52 and ATCP 127

• Wis. Stat. § 100.52 ("Do Not Call Law"): subject to the statute's exemptions, a telephone solicitor or its employee/contractor may not (1) use an electronically prerecorded message in a telephone solicitation without the recipient's consent; (2) make a telephone solicitation to a number on the state do-not-call registry (the Wisconsin-area-code portion of the national registry); (3) solicit a nonresidential customer that has mailed a do-not-call notice; (4) block caller-identification transmission; or (5) knowingly transmit a misleading or inaccurate caller-identification record. DATCP investigates and may seek relief. The general forfeiture is $100 per violation, while caller-ID blocking or misleading-caller-ID violations carry a $100-to-$10,000 forfeiture. Section 100.52 itself is not a private-damages statute.
• Wis. Stat. § 100.20 and Wis. Admin. Code ch. ATCP 127: under its unfair-trade-practice authority, DATCP issued ch. ATCP 127 ("Telephone Solicitations"), which imposes disclosure, do-not-call, calling-hour, and anti-deception requirements on telephone solicitations directed at Wisconsin consumers.

C. Wisconsin Private Remedies — § 100.20(5) and § 100.18

• Wis. Stat. § 100.20(5) (private action for ATCP-order violations): "Any person suffering pecuniary loss because of a violation by any other person of [§ 100.20] or any order issued under this section may sue for damages therefor in any court of competent jurisdiction and shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee." A violation of the ch. ATCP 127 telephone-solicitation order is therefore privately actionable for double pecuniary loss plus fees.
• Wis. Stat. § 100.18 (Deceptive Trade Practices): prohibits untrue, deceptive, or misleading representations made to the public in connection with the sale of goods or services. The private action under § 100.18(11)(b)2 allows a person suffering pecuniary loss because of a violation to recover that loss, costs, and reasonable attorney fees. Where the calls/texts contained deceptive sales content, § 100.18 applies.
• Wis. Stat. § 100.264(2) (elderly/disabled supplemental forfeiture — NOT a private remedy): where a fine or forfeiture is imposed on a person for a violation of a listed statute (§ 100.18, § 100.20 and § 100.52 are all on the list) and the conduct was perpetrated against an elderly person (62 or older) or a disabled person, the person is subject to a supplemental forfeiture not to exceed $10,000 for that violation if the court finds one of the statutory factors (the defendant knew or should have known who the victim was; specified categories of loss; or physical, emotional, or other economic damage to which elderly or disabled persons are more susceptible). A forfeiture is imposed in an enforcement action brought in the name of the state and is payable to the state — a private claimant cannot recover it, and it does not enlarge the § 100.20(5) or § 100.18(11)(b)2 private remedies.

PRACTICE NOTE — PECUNIARY LOSS: Both Wisconsin private remedies require actual pecuniary loss (e.g., depleted minutes/data, blocking-service fees, or quantifiable lost time). Federal § 227(b)(3) alternatively permits $500 per proven violation without proof that actual loss is greater; any willful-or-knowing increase is discretionary and capped at three times the otherwise available amount. Plead the TCPA for that remedy and Wisconsin law for doubling/fees where pecuniary loss exists.

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)
☐ Calls to a number on the National/state Do-Not-Call Registry — 47 U.S.C. § 227(c); 47 C.F.R. § 64.1200(c); Wis. Stat. § 100.52
☐ Calls continued more than 10 business days after an internal do-not-call request — 47 C.F.R. § 64.1200(d)(3)
☐ Prerecorded message without consent / caller-ID blocking — Wis. Stat. § 100.52(4)
☐ Telephone-solicitation rule violation — Wis. Admin. Code ch. ATCP 127 (actionable via Wis. Stat. § 100.20(5))
☐ Untrue, deceptive, or misleading representation — Wis. Stat. § 100.18, 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
☐ State/National Do-Not-Call scrubbing records and policies (31-day scrub logs)
☐ Internal do-not-call lists and records of honoring opt-out requests
☐ DATCP telephone-solicitor registration number and registration records (Wis. Stat. § 100.52(3))
☐ Caller-ID configuration and any spoofing/blocking records
☐ 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)) and Wisconsin law (Wis. Stat. § 100.20(5) for ATCP 127 violations; and Wis. Stat. § 100.18 where the calls contained deceptive sales content), and — where the conduct was perpetrated against an elderly or disabled person, exposing Respondent to the supplemental forfeiture under Wis. Stat. § 100.264(2) in an action brought in the name of the state — may include a complaint to the Federal Communications Commission, the Federal Trade Commission, and the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) and the Wisconsin Department of Justice.

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)
State Bar of Wisconsin No. [__________] (if attorney)
[Firm Name]
[Street Address]
[City, WI 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 Wisconsin Department of Financial Institutions (https://www.wdfi.org/apps/CorpSearch/Search.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/state Do-Not-Call registry and the registration date
☐ Confirmed the federal claim is within the 4-year SOL (28 U.S.C. § 1658); noted that the § 100.18 SOL runs from the act/transaction, not discovery
☐ Documented actual pecuniary loss to support the § 100.20(5) and § 100.18 private claims
☐ Determined whether the elderly/disabled supplemental forfeiture (§ 100.264(2)) applies — it is referral leverage for a public enforcement action, not a line item in the claimant's damages
☐ Preserved Claimant-side evidence (screenshots, voicemails, carrier records)
☐ Removed all `` comments
☐ Sent via certified mail, return receipt requested, and retained delivery confirmation
☐ Reviewed by Wisconsin-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
• Wis. Stat. § 100.52 (telephone solicitations / Do Not Call Law): https://docs.legis.wisconsin.gov/statutes/statutes/100/52
• Wis. Stat. § 100.20 (methods of competition and trade practices; ATCP orders): https://docs.legis.wisconsin.gov/statutes/statutes/100/20
• Wis. Stat. § 100.20(5) (private action; double pecuniary loss + fees): https://docs.legis.wisconsin.gov/document/statutes/100.20(5)
• Wis. Admin. Code ch. ATCP 127 (Telephone Solicitations): https://docs.legis.wisconsin.gov/code/admin_code/atcp/090/127
• Wis. Stat. § 100.18 (Deceptive Trade Practices): https://docs.legis.wisconsin.gov/statutes/statutes/100/18
• Wis. Stat. § 100.18(11)(b)2 (private action): https://docs.legis.wisconsin.gov/document/statutes/100.18(11)(b)2.
• Wis. Stat. § 100.264 (violations against elderly or disabled persons; supplemental forfeiture): https://docs.legis.wisconsin.gov/document/statutes/100.264
• National Do Not Call Registry: https://www.donotcall.gov/
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021) (ATDS definition)