TCPA Violation Complaint

COMPLAINT FOR DAMAGES UNDER THE TELEPHONE CONSUMER PROTECTION ACT

Before filing: Select only counts supported by the calls, the called number, the equipment or voice used, consent and exemption facts, and the selected court's current rules. For a state-court filing, confirm that state law and court rules permit the action. Remove unused choices and calculate relief separately for subsection (b) and subsection (c).

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Causes of Action
6. Prayer for Relief
7. Verification and Signature
8. Call/Text Log

1. Caption

[COURT NAME]
[COUNTY/DISTRICT], [STATE]

2. Parties

1. Plaintiff [YOUR FULL LEGAL NAME] is an individual residing at [CITY, STATE] and used or subscribed to the telephone number identified below. [STATE FACTS SHOWING PLAINTIFF RECEIVED THE ALLEGED CALLS OR TEXTS.]

2. Defendant [DEFENDANT NAME] is a [corporation/LLC/entity] organized under the laws of [STATE], with its principal place of business at [ADDRESS]. Upon information and belief, Defendant conducts business in the State of [STATE].

3. Jurisdiction and Venue

3. This [STATE] court has jurisdiction under [IDENTIFY THE STATE COURT'S CURRENT SUBJECT-MATTER-JURISDICTION AUTHORITY] and, for the selected TCPA count, 47 U.S.C. § 227[(b)(3) / (c)(5)], if otherwise permitted by this state's law or court rules. Personal jurisdiction over Defendant rests on [STATE FACTS AND AUTHORITY].

4. Venue is proper in this [COUNTY] under [CURRENT STATE VENUE AUTHORITY] because [STATE THE FACTS THAT SATISFY THAT RULE].

4. Factual Allegations

4.1 Plaintiff's Telephone Number

5. Plaintiff is the subscriber and/or regular user of telephone number ([AREA CODE]) [PHONE NUMBER] (the "Number").

6. The Number is a:
   ☐ Cellular telephone number
   ☐ Residential landline number
   ☐ Residential subscriber's wireless number for the selected do-not-call rule (47 C.F.R. § 64.1200(e))

4.2 Do-Not-Call Registration

7. ☐ Plaintiff's Number has been registered on the National Do-Not-Call Registry since [DATE].

8. ☐ Plaintiff specifically requested that Defendant stop calling on [DATE(S)] by [DESCRIBE — e.g., verbally during a call, in writing, via email, through opt-out mechanism].

4.3 Consent Status

9. ☐ Plaintiff never provided prior express consent to receive calls or texts from Defendant.
   ☐ Plaintiff previously provided consent but revoked it on [DATE] by [METHOD OF REVOCATION].
   ☐ The calls or texts were advertising or telemarketing using an ATDS or artificial or prerecorded voice, and Plaintiff did not give the prior express written consent required by 47 C.F.R. § 64.1200(a)(2), if that rule applies.

For any revocation theory, identify the words or method used, the recipient, the date received, and calls or texts placed after the time allowed by the applicable rule. Section 64.1200(a)(10) requires a reasonable method to revoke covered consent and a reasonable compliance time of no more than ten business days.

4.4 Nature of Calls/Texts

10. Beginning on or about [DATE] and continuing through [DATE], Defendant placed approximately [NUMBER] calls and/or sent approximately [NUMBER] text messages to Plaintiff's Number.

11. The calls/texts were:
    ☐ Made using an automatic telephone dialing system (ATDS) as defined by 47 U.S.C. § 227(a)(1)
    ☐ Made using an artificial or prerecorded voice
    ☐ Telemarketing/advertising calls or texts
    ☐ Debt collection calls or texts
    ☐ Unsolicited text messages

12. Facts supporting the selected technology or voice theory are [DESCRIBE THE RECORDING, MESSAGE, CALLER ADMISSION, EQUIPMENT INFORMATION, OR OTHER SPECIFIC EVIDENCE]. A pause, repeated calls, or identical text alone does not establish that equipment used the random or sequential number generator in 47 U.S.C. § 227(a)(1).

4.5 Harm to Plaintiff

13. As a result of Defendant's conduct, Plaintiff suffered:
    ☐ Invasion of privacy
    ☐ Aggravation, nuisance, and annoyance
    ☐ Wasted time answering unwanted calls/texts
    ☐ Consumption of cellular phone minutes and/or data
    ☐ Interruption of daily activities and/or work
    ☐ Emotional distress
    ☐ [OTHER HARM]

5. Causes of Action

COUNT I — Violations of 47 U.S.C. § 227(b)(1)(A) (Autodialed/Prerecorded Calls to Cell Phone)

14. Plaintiff incorporates the foregoing allegations by reference.

15. Defendant made the calls or texts identified in the attached log to Plaintiff's [CELLULAR NUMBER / OTHER NUMBER COVERED BY § 227(b)(1)(A)(iii)] using [AN ATDS AS DEFINED IN § 227(a)(1) / AN ARTIFICIAL OR PRERECORDED VOICE] without the required prior express consent. [DESCRIBE FACTS ADDRESSING EMERGENCY PURPOSES AND ANY CURRENTLY VALID FCC EXEMPTION.] Defendant therefore violated 47 U.S.C. § 227(b)(1)(A)(iii) for each proved covered communication.

16. Plaintiff alleges [NUMBER] separate, proved communications that meet this count's elements. The call or text log identifies each event; duplicate theories for the same event do not automatically multiply recovery.

17. Under 47 U.S.C. § 227(b)(3)(B), Plaintiff requests actual monetary loss or $500 for each proved violation, whichever is greater.

18. ☐ If supported by facts, Plaintiff alleges Defendant knowingly or willfully violated this provision because [SPECIFIC FACTS]. Plaintiff requests that the court exercise its discretion under § 227(b)(3) to increase the award to no more than three times the amount otherwise available under paragraph (B).

COUNT II — Violations of 47 U.S.C. § 227(b)(1)(B) (Prerecorded Calls to Residential Line)

☐ Include this count if applicable:

19. Defendant initiated the calls identified as Count II in the log to Plaintiff's residential telephone line using an artificial or prerecorded voice to deliver a message without the required prior express consent. If a call included advertising or telemarketing, the required consent was prior express written consent under 47 C.F.R. § 64.1200(a)(3), subject to the rule's terms. [STATE FACTS ADDRESSING EMERGENCY PURPOSES AND ANY CURRENTLY VALID FCC EXEMPTION.] Plaintiff seeks the applicable § 227(b)(3) relief for each proved violation.

COUNT III — Violations of 47 U.S.C. § 227(c) (Do-Not-Call Violations)

☐ Include this count if applicable:

20. Plaintiff's residential number was registered on the National Do-Not-Call Registry when the calls identified below occurred. Section 64.1200(c)(2)'s 31-day figure concerns the age of the registry copy used by a solicitor, not a waiting period for the subscriber's registration. Plaintiff received [NUMBER GREATER THAN ONE] telephone solicitations within a 12-month period by or on behalf of [SAME ENTITY], on [DATES].

21. Those calls violated 47 C.F.R. § 64.1200(c)(2) because [STATE FACTS SHOWING COVERAGE AND ADDRESS ANY PRIOR EXPRESS INVITATION OR PERMISSION, PERSONAL RELATIONSHIP, OR APPLICABLE DEFENSE]. The subsection (c)(5) claim depends on more than one qualifying call by or on behalf of the same entity within one 12-month period.

22. Under 47 U.S.C. § 227(c)(5), Plaintiff seeks actual monetary loss or up to $500 per qualifying violation, whichever is greater, and any discretionary increase to no more than three times the otherwise available amount on a finding of a willful or knowing violation.

COUNT IV — Violations of Internal Do-Not-Call Request

☐ Include this count if applicable:

23. Plaintiff requested that [DEFENDANT OR ENTITY ON WHOSE BEHALF CALLS WERE MADE] stop covered calls on [DATE] by [METHOD], and that entity received the request on [DATE]. It then made the qualifying calls identified in the log after the reasonable compliance period, which cannot exceed ten business days, contrary to 47 C.F.R. § 64.1200(d)(3). Include a § 227(c)(5) claim for this theory only if the more-than-one-call, same-entity, 12-month threshold and the other elements are met.

6. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that this Court:

1. Award the greater of actual monetary loss or $500 for each proved § 227(b) violation, under § 227(b)(3);
2. If willful or knowing conduct is proved, increase that award in the court's discretion to no more than three times the otherwise available amount;
3. For a proved § 227(c)(5) claim, award actual monetary loss or up to $500 per qualifying violation, whichever is greater, and any discretionary statutory increase supported by the facts;
4. Enter an injunction against proved ongoing violations if warranted under the selected statutory branch and court rules;
5. Award costs only if authorized by an identified current court rule or other authority: [CITATION / REMOVE];
6. Award such other relief as the Court deems just and proper.

7. Verification and Signature

Respectfully submitted,

_______________________________________
[YOUR SIGNATURE]

[YOUR FULL LEGAL NAME], Pro Se
[YOUR ADDRESS]
[CITY, STATE ZIP]
[PHONE NUMBER]
[EMAIL ADDRESS]

Date: [DATE]

8. Call/Text Log

Proved subsection (b) events alleged: [NUMBER] — base remedy requested: [ACTUAL LOSS OR $500 PER EVENT, WHICHEVER GREATER]

Subsection (c) qualifying calls alleged: [NUMBER] — 12-month period and same entity: [DATES AND NAME] — remedy requested: [ACTUAL LOSS OR UP TO $500 PER QUALIFYING VIOLATION, WHICHEVER GREATER]

Discretionary increase requested, if supported: [FACTS AND AMOUNT WITHIN THE APPLICABLE STATUTORY CAP]