UNITED STATES DISTRICT COURT

☐ _______________ DISTRICT OF ☐ _______________

☐ _______________________________________________
Plaintiff,

v.

☐ _______________________________________________
Defendant.

Case No.: ☐ _______________

COMPLAINT FOR VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT
47 U.S.C. § 227

JURY TRIAL DEMANDED

I. INTRODUCTION

1. This is an action for damages under the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA"), arising from Defendant's unlawful telephone calls and/or text messages to Plaintiff.

2. Congress enacted the TCPA in 1991 to protect consumers from the nuisance, invasion of privacy, and cost-shifting associated with unwanted telemarketing calls and autodialed or prerecorded calls to cellular telephones.

3. Plaintiff seeks statutory damages, treble damages for willful and knowing violations, injunctive relief, and such other relief as this Court deems just and proper.

II. JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 (federal question jurisdiction) because this action arises under federal law, specifically the Telephone Consumer Protection Act, 47 U.S.C. § 227.

5. This Court also has jurisdiction pursuant to 47 U.S.C. § 227(b)(3), which provides a private right of action in an appropriate court of any State.

6. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) because:

☐ A substantial part of the events giving rise to the claim occurred in this district

☐ Defendant transacts business in this district

☐ Defendant directed communications to Plaintiff in this district

III. PARTIES

Plaintiff

7. Plaintiff ☐ _______________ ("Plaintiff") is:

☐ A natural person

☐ A resident of ☐ _______________ [City], ☐ _______________ [State]

8. Plaintiff's telephone number that received the unlawful calls/texts is:

☐ Cell phone number: (___) ___-____

☐ Residential landline: (___) ___-____

9. This telephone number:

☐ Is registered on the National Do-Not-Call Registry

☐ Has been registered since: _______________

Defendant

10. Defendant ☐ _______________ ("Defendant") is:

☐ A corporation organized under the laws of ☐ _______________

☐ A limited liability company

☐ An individual doing business as: _______________

☐ Other: _______________

11. Defendant's principal place of business is located at ☐ _______________.

12. Defendant is engaged in the business of: ☐ _______________________________________________

13. Defendant:

☐ Made the calls/texts directly

☐ Initiated the calls/texts through a third party

☐ Is vicariously liable for calls/texts made on its behalf by: _______________

IV. FACTUAL ALLEGATIONS

The Unlawful Communications

14. Beginning on or about ☐ _______________, Defendant made and/or caused to be made telephone calls and/or text messages to Plaintiff's telephone number.

15. The calls/texts were made for the purpose of:

☐ Advertising or telemarketing

☐ Debt collection

☐ Political messaging

☐ Other commercial purpose: _______________

Technology Used

16. The calls/texts were made using:

☐ Automatic Telephone Dialing System (ATDS): Equipment which has the capacity to store or produce telephone numbers to be called using a random or sequential number generator and to dial such numbers automatically.

☐ Prerecorded or Artificial Voice Messages: The calls contained prerecorded or artificial voice messages rather than live callers.

☐ Autodial Technology: The calls/texts were sent using technology with the capacity to dial numbers without human intervention.

Evidence of Autodialer/Prerecorded Use:

☐ Calls had identical recorded messages

☐ Calls came in rapid succession

☐ No human response when answering

☐ Awkward pause before representative spoke

☐ Text messages sent in bulk/automated format

☐ Called numbers that could not be known without random/sequential generation

☐ Other evidence: _______________

Lack of Consent

17. Plaintiff did not provide prior express consent to receive the calls/texts.

☐ Plaintiff never provided written consent

☐ Plaintiff never provided oral consent

☐ Plaintiff never had a business relationship with Defendant

☐ Plaintiff's number was obtained without authorization from: _______________

Revocation of Any Alleged Consent

18. Even if Defendant claims prior consent existed:

☐ Plaintiff revoked any alleged consent on ☐ _______________ by:
- ☐ Written notice
- ☐ Verbal request during call
- ☐ Text message reply stating "STOP"
- ☐ Other method: _______________

☐ Defendant continued calling/texting after revocation

Do-Not-Call Violations

19. Plaintiff's telephone number has been registered on the National Do-Not-Call Registry since ☐ _______________.

20. Despite this registration, Defendant made telemarketing calls to Plaintiff.

21. Defendant failed to maintain an internal do-not-call list as required.

22. Defendant made more than one telemarketing call within any 12-month period.

V. CALL/TEXT LOG

The following is a non-exhaustive list of unlawful calls/texts received from Defendant:

Total number of documented violations: ☐ _______________

(Note: Additional calls/texts may be identified through discovery)

VI. HARM SUFFERED

23. As a result of Defendant's unlawful calls/texts, Plaintiff has suffered:

☐ Invasion of privacy

☐ Aggravation, nuisance, and annoyance

☐ Intrusion on seclusion

☐ Wasted time answering and dealing with calls

☐ Cost of minutes/texts under cellular plan

☐ Interruption of daily activities

☐ Disruption at work

☐ Loss of battery life on mobile device

☐ Other harm: _______________

VII. CAUSES OF ACTION

COUNT I - VIOLATION OF 47 U.S.C. § 227(b)(1)(A)(iii)

Autodialed/Prerecorded Calls to Cellular Telephone

24. Plaintiff incorporates by reference all preceding paragraphs.

25. Defendant and/or its agents made calls to Plaintiff's cellular telephone number using an automatic telephone dialing system and/or an artificial or prerecorded voice.

26. Defendant made these calls without the prior express consent of Plaintiff.

27. Each such call constitutes a violation of 47 U.S.C. § 227(b)(1)(A)(iii).

28. Pursuant to 47 U.S.C. § 227(b)(3), Plaintiff is entitled to:

☐ $500 per violation, or

☐ $1,500 per violation if the Court finds Defendant's violations were willful or knowing

COUNT II - VIOLATION OF 47 U.S.C. § 227(b)(1)(B)

Prerecorded Calls to Residential Line

29. Plaintiff incorporates by reference all preceding paragraphs.

30. Defendant and/or its agents made calls to Plaintiff's residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of Plaintiff.

31. Each such call constitutes a violation of 47 U.S.C. § 227(b)(1)(B).

32. Pursuant to 47 U.S.C. § 227(b)(3), Plaintiff is entitled to:

☐ $500 per violation, or

☐ $1,500 per violation if the Court finds Defendant's violations were willful or knowing

COUNT III - VIOLATION OF 47 U.S.C. § 227(c)

Do-Not-Call Registry Violations

33. Plaintiff incorporates by reference all preceding paragraphs.

34. Plaintiff's telephone number has been registered on the National Do-Not-Call Registry for more than 31 days.

35. Defendant initiated, or caused to be initiated, telephone solicitations to Plaintiff's telephone number after said registration.

36. Defendant failed to maintain and implement procedures for maintaining a list of persons who request not to receive telephone solicitations.

37. Each call after registration constitutes a violation of 47 U.S.C. § 227(c) and 47 C.F.R. § 64.1200.

38. Pursuant to 47 U.S.C. § 227(c)(5), Plaintiff is entitled to:

☐ $500 per violation, or

☐ $1,500 per violation if the Court finds Defendant's violations were willful or knowing

COUNT IV - VIOLATION OF 47 U.S.C. § 227(b)(1)(C)

Unsolicited Text Messages

39. Plaintiff incorporates by reference all preceding paragraphs.

40. Text messages are "calls" within the meaning of the TCPA.

41. Defendant and/or its agents sent text messages to Plaintiff's cellular telephone number using an automatic telephone dialing system.

42. Defendant sent these text messages without the prior express consent of Plaintiff.

43. Each such text message constitutes a violation of 47 U.S.C. § 227(b)(1)(A)(iii).

44. Pursuant to 47 U.S.C. § 227(b)(3), Plaintiff is entitled to:

☐ $500 per violation, or

☐ $1,500 per violation if the Court finds Defendant's violations were willful or knowing

VIII. WILLFULNESS

45. Defendant's violations were willful and knowing because:

☐ Defendant continued to call/text after Plaintiff requested it stop

☐ Defendant's business model depends on making high-volume autodialed calls

☐ Defendant knew or should have known that consent was not obtained

☐ Defendant operates in an industry where TCPA compliance is a known requirement

☐ Defendant has been previously sued or warned about TCPA violations

☐ Defendant deliberately chose to use autodialing technology

☐ Other evidence of willfulness: _______________

46. Accordingly, Plaintiff is entitled to treble damages of $1,500 per violation under 47 U.S.C. § 227(b)(3).

IX. CLASS ALLEGATIONS (IF APPLICABLE)

☐ This section applies if seeking class action certification

47. Plaintiff brings this action on behalf of himself/herself and all others similarly situated pursuant to Federal Rule of Civil Procedure 23.

48. Plaintiff seeks to represent the following class:

Proposed Class Definition:
All persons in the United States who, within the applicable statute of limitations period, (a) received a call or text message on their cellular telephone, (b) from or on behalf of Defendant, (c) made using an automatic telephone dialing system or prerecorded voice, (d) without prior express consent.

49. The class is so numerous that joinder of all members is impracticable.

50. Common questions of law and fact exist as to all members of the class.

51. Plaintiff's claims are typical of the claims of the class members.

52. Plaintiff will fairly and adequately protect the interests of the class.

53. A class action is superior to other available methods for the fair and efficient adjudication of this controversy.

X. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant as follows:

☐ A. Statutory damages of $500 for each violation of 47 U.S.C. § 227;

☐ B. Treble damages of $1,500 for each willful and knowing violation;

☐ C. An injunction prohibiting Defendant from making further unlawful calls/texts;

☐ D. A declaration that Defendant's conduct violated the TCPA;

☐ E. Pre-judgment and post-judgment interest;

☐ F. Costs of this action;

☐ G. Such other and further relief as this Court deems just and proper.

Calculation of Minimum Damages:

XI. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

Dated: ☐ _______________

Respectfully submitted,

_________________________________________________
[Attorney Name / Pro Se Plaintiff]

_________________________________________________
[Bar Number if applicable]

_________________________________________________
[Law Firm Name]

_________________________________________________
[Address]

_________________________________________________
[City, State, ZIP]

_________________________________________________
[Telephone]

_________________________________________________
[Email]

Attorney for Plaintiff / Plaintiff Pro Se

VERIFICATION

STATE OF ☐ _______________
COUNTY OF ☐ _______________

I, ☐ _______________, being duly sworn, state that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________________________
[Plaintiff Signature]

Subscribed and sworn to before me this ☐ ___ day of ☐ _______________, 20☐ ___.

_________________________________________________
Notary Public

My commission expires: _______________

CHECKLIST FOR FILING

Before Filing:

☐ Complaint is signed

☐ Verification is notarized (if required)

☐ Civil cover sheet completed

☐ Filing fee paid or IFP motion prepared

☐ Summons prepared for each defendant

☐ Service copies prepared

☐ Statute of limitations verified (4 years for federal TCPA claims)

Evidence to Preserve:

☐ Phone records/bills showing calls received

☐ Screenshots of text messages

☐ Voicemail recordings (if permitted by state law)

☐ Do-Not-Call Registry confirmation

☐ Written requests to stop calling

☐ Caller ID information

☐ Any recordings of calls (check state consent laws)

☐ Notes documenting each call (date, time, content)

LEGAL REFERENCES

47 U.S.C. § 227 - Telephone Consumer Protection Act
- § 227(b)(1)(A)(iii) - Prohibition on autodialed/prerecorded calls to cell phones
- § 227(b)(1)(B) - Prohibition on prerecorded calls to residential lines
- § 227(b)(3) - Private right of action; $500 per violation; treble damages for willful violations
- § 227(c) - Do-Not-Call regulations

47 C.F.R. § 64.1200 - FCC rules implementing TCPA

Statute of Limitations:
- 4 years (federal claims)
- State claims may vary

Key Note: Unlike FDCPA and FCRA, the TCPA does not have an attorney fee-shifting provision for consumer plaintiffs.

This template is provided for informational purposes and does not constitute legal advice. Consult with a qualified attorney for advice specific to your situation.