TCPA Violation Complaint

COMPLAINT FOR DAMAGES UNDER THE TELEPHONE CONSUMER PROTECTION ACT

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]. Plaintiff is a "person" within the meaning of 47 U.S.C. § 227(a)(7) and a "called party" within the meaning of 47 U.S.C. § 227(b)(1).

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 Court has jurisdiction over this action pursuant to:
   ☐ 28 U.S.C. § 1331 (federal question jurisdiction — TCPA is a federal statute)
   ☐ 47 U.S.C. § 227(b)(3) (private right of action in state court)
   ☐ [STATE STATUTE — if filing in state court]

4. Venue is proper in this [Court/District] because:
   ☐ Defendant resides or does business in this [county/district]
   ☐ A substantial part of the events giving rise to this action occurred in this [county/district]
   ☐ Plaintiff received the unlawful calls/texts in this [county/district]

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

4.2 Do-Not-Call Registration

7. ☐ Plaintiff's Number has been registered on the National Do-Not-Call Registry maintained by the Federal Trade Commission 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].
   ☐ Plaintiff never provided prior express written consent to receive marketing/advertising calls or texts from Defendant, as required by 47 U.S.C. § 227(b)(1)(A)(iii).

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. Plaintiff knows the calls were made using an ATDS and/or prerecorded voice because:
    ☐ There was a noticeable pause before a live person came on the line
    ☐ A prerecorded message played upon answering
    ☐ The calls came at regular, automated intervals
    ☐ Multiple calls were received in rapid succession
    ☐ The text messages appeared automated/identical in format
    ☐ [OTHER INDICATORS]

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 calls to Plaintiff's cellular telephone number using an ATDS and/or an artificial or prerecorded voice without Plaintiff's prior express consent, in violation of 47 U.S.C. § 227(b)(1)(A)(iii).

16. Each such call constitutes a separate violation of the TCPA.

17. Plaintiff is entitled to $500 in statutory damages for each violation under 47 U.S.C. § 227(b)(3)(B).

18. ☐ Defendant's violations were willful and knowing, entitling Plaintiff to treble damages of $1,500 per violation under 47 U.S.C. § 227(b)(3)(C).

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 telephone calls to Plaintiff's residential telephone line using an artificial or prerecorded voice to deliver a message without Plaintiff's prior express consent, in violation of 47 U.S.C. § 227(b)(1)(B).

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

☐ Include this count if applicable:

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

21. Defendant made telephone solicitations to Plaintiff's Number in violation of 47 U.S.C. § 227(c) and 47 C.F.R. § 64.1200(c).

22. Plaintiff is entitled to $500 per violation under 47 U.S.C. § 227(c)(5).

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

☐ Include this count if applicable:

23. Plaintiff specifically requested that Defendant cease calling on [DATE(S)]. Despite this request, Defendant continued to call in violation of 47 C.F.R. § 64.1200(d).

6. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that this Court:

1. Award Plaintiff statutory damages of $500 for each violation of 47 U.S.C. § 227(b);
2. Award Plaintiff treble damages of $1,500 per violation for willful/knowing violations under 47 U.S.C. § 227(b)(3)(C);
3. Award Plaintiff up to $500 per violation of 47 U.S.C. § 227(c);
4. Enter an injunction prohibiting Defendant from further violations of the TCPA;
5. Award Plaintiff costs of this action;
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

Total Violations Alleged: [NUMBER]
Statutory Damages Sought (at $500/violation): $[AMOUNT]
Treble Damages Sought (at $1,500/violation): $[AMOUNT]