TCPA Demand Letter - Wyoming

WYOMING TCPA DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[SENDER NAME OR LAW FIRM]
[Street Address]
[City, State ZIP]
Telephone: [____________]
Email: [____________]
[WY 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, NOTICE OF DECEPTIVE TRADE PRACTICE UNDER WYO. STAT. § 40-12-109, AND DEMAND TO SETTLE CLAIMS — Telephone Consumer Protection Act, 47 U.S.C. § 227; Wyoming Telephone Solicitation Act, Wyo. Stat. §§ 40-12-301 to 305; Wyoming Consumer Protection Act, Wyo. Stat. §§ 40-12-101 to 114
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 Wyoming resident residing at [ADDRESS], County of [____________], State of Wyoming, 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 [__/__/____]. For a separate Attorney General referral under Wyo. Stat. § 40-12-111, Claimant ☐ is over 60 years of age / ☐ has a qualifying disability under that section.

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following calls and/or text messages to Claimant's telephone number(s) without prior express consent (or after consent was revoked / after a do-not-call request / while the number was on a Do-Not-Call registry):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

A. Federal TCPA — 47 U.S.C. § 227

The federal TCPA is the primary vehicle for per-call statutory damages in Wyoming, because Wyoming's telephone-solicitation statute is AG-enforced and the WCPA private remedy is limited to actual damages:

• 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. Wyoming Telephone Solicitation Act — Wyo. Stat. §§ 40-12-301 to 305

Wyoming's telephone-solicitation statute sets the state-law conduct standards for telephone solicitors:

• Disclosures — Wyo. Stat. § 40-12-302(a): a solicitor making an unsolicited telephonic sales call to a residential or mobile number must disclose, at the outset and clearly, the caller's name, the solicitor's/merchant's identity and contact information, that the purpose is to sell consumer goods or services, and the nature of those goods or services.
• State-defined do-not-call list — Wyo. Stat. §§ 40-12-301(a)(viii), 40-12-302(b): the statute defines its "national do-not-call list" as the Direct Marketing Association Telephone Preference Service list or its successor; a willful covered call more than 60 days after listing is prohibited. Verify the applicable list separately from the federal registry.
• Caller-ID — Wyo. Stat. § 40-12-302(c): no solicitor shall knowingly block or circumvent the subscriber's caller-identification service.
• Calling hours — Wyo. Stat. § 40-12-302(d): no solicitor shall call before 8:00 a.m. or after 8:00 p.m. local time at the consumer's location.
• Unpublished cellular numbers — Wyo. Stat. § 40-12-302(e): no solicitor shall willfully call an unpublished cellular number.

ENFORCEMENT — NO PRIVATE RIGHT OF ACTION: Under Wyo. Stat. § 40-12-301(a)(v), the "enforcing authority" for the Telephone Solicitation Act is the Wyoming Attorney General. Article 3 does not create a private right of action for damages. These provisions are cited here to establish the unlawfulness of Respondent's conduct, to anchor a complaint to the Attorney General, and to support the WCPA analysis below; the private damages claim runs through the federal TCPA and, where applicable, the WCPA.

C. Wyoming Consumer Protection Act (WCPA) — Wyo. Stat. §§ 40-12-101 to 114

The WCPA (Wyo. Stat. § 40-12-105) makes it unlawful, in the course of business and in connection with a consumer transaction, to knowingly engage in specified deceptive trade practices. A call or text alone does not establish those elements. For a qualifying uncured practice, Wyo. Stat. § 40-12-108(a) authorizes the consumer's actual damages; subsection (b) provides attorney fees in a class action when actual damages are found. Section 40-12-111(b) separately provides a civil penalty recoverable by the Attorney General when a willful violation victimizes or attempts to victimize a qualifying older person or person with disabilities.

MANDATORY PRE-SUIT NOTICE — WYO. STAT. § 40-12-109: No private WCPA action (other than an Attorney General action under § 40-12-106) may be brought unless the consumer first gives the alleged violator written notice — within one year after initial discovery of the unlawful deceptive trade practice or two years after the consumer transaction, whichever occurs first — and the practice becomes an "uncured unlawful deceptive trade practice." The notice must state fully the nature of the practice and the actual damage suffered, and any action must be initiated within one year after the notice is furnished. This letter is intended to serve as that § 40-12-109 notice; calendar the cure period and the one-year filing deadline.

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 federal National Do-Not-Call Registry — 47 U.S.C. § 227(c)(5); 47 C.F.R. § 64.1200(c)
☐ Covered unsolicited call more than 60 days after listing under Wyo. Stat. §§ 40-12-301(a)(viii), 40-12-302(b), for separate Attorney General referral
☐ Calls continued more than 10 business days after an internal do-not-call request — 47 C.F.R. § 64.1200(d)(3)
☐ Failure to make required disclosures / calling-hour or caller-ID violation — Wyo. Stat. § 40-12-302
☐ Call to an unpublished cellular number — Wyo. Stat. § 40-12-302(e)
☐ Deceptive trade practice (WCPA) — Wyo. Stat. § 40-12-105, 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. Cure the deceptive trade practice and 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
☐ Federal National Do-Not-Call scrubbing records and policies (31-day scrub logs)
☐ Records showing any listing under the distinct Wyo. Stat. § 40-12-301(a)(viii) definition and the § 40-12-302(b) 60-day rule
☐ Internal do-not-call lists and records of honoring opt-out requests
☐ 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, after the § 40-12-109 cure period, will result in the filing of a civil action under the TCPA (47 U.S.C. § 227(b)(3), (c)(5)) and, where applicable, the Wyoming Consumer Protection Act (Wyo. Stat. § 40-12-108), and may include a complaint to the Federal Communications Commission, the Federal Trade Commission, and the Wyoming Attorney General's Consumer Protection Unit (which enforces the Wyoming Telephone Solicitation Act, Wyo. Stat. §§ 40-12-301 to 305).

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)
Wyoming State Bar No. [__________] (if attorney)
[Firm Name]
[Street Address]
[City, WY 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 Wyoming Secretary of State business search (https://wyobiz.wyo.gov/Business/FilingSearch.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 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 Telephone Solicitation Act is AG-enforced (no private damages) and routed any state-law damages claim through the WCPA
☐ Served this letter as the § 40-12-109 written pre-suit notice and calendared the cure period and the one-year filing deadline
☐ If appropriate, separately identified facts for an Attorney General referral under § 40-12-111 (over 60 or a qualifying disability; willful violation)
☐ Preserved Claimant-side evidence (screenshots, voicemails, carrier records)
☐ Removed all `` comments
☐ Sent via certified mail, return receipt requested, and retained delivery confirmation
☐ Reviewed by Wyoming-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
• Wyo. Stat. § 40-12-301 (definitions; enforcing authority): https://law.justia.com/codes/wyoming/title-40/chapter-12/article-3/section-40-12-301/
• Wyo. Stat. § 40-12-302 (telephone solicitations): https://law.justia.com/codes/wyoming/title-40/chapter-12/article-3/section-40-12-302/
• Wyo. Stat. § 40-12-105 (unlawful deceptive trade practices): https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-105/
• Wyo. Stat. § 40-12-108 (private remedies): https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-108/
• Wyo. Stat. § 40-12-109 (limitation of actions; pre-suit notice): https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-109/
• Wyoming Attorney General, Consumer Protection Unit: https://attorneygeneral.wyo.gov/law-office-division/consumer-protection-and-antitrust-unit/consumer-education
• National Do Not Call Registry: https://www.donotcall.gov/
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021) (ATDS definition)