TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[DEFENDANT COMPANY NAME]
ATTN: Legal Department / Registered Agent
[DEFENDANT ADDRESS]
[CITY, STATE ZIP]
Re: TCPA Violation Demand - Unauthorized Telephone Communications
Consumer: [CONSUMER FULL NAME]
Telephone Number(s) Affected: [PHONE NUMBER(S)]
Approximate Number of Violations: [NUMBER]
Dear Sir or Madam:
This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with your company's violations of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. Section 227, and its implementing regulations at 47 C.F.R. Section 64.1200. Your company has placed unauthorized telephone calls and/or sent unauthorized text messages to our Client, entitling our Client to substantial statutory damages.
Please direct all future communications regarding this matter to our office and immediately cease all telephone communications with our Client.
I. INTRODUCTION AND SUMMARY
The Telephone Consumer Protection Act was enacted by Congress to protect consumers from the nuisance, invasion of privacy, and expense caused by unsolicited telephone calls, text messages, and faxes. Your company has violated the TCPA by contacting our Client without proper consent, and our Client is entitled to recover statutory damages of $500 to $1,500 per violation.
Based on our investigation, we estimate that your company is liable for a minimum of [NUMBER] violations, resulting in potential statutory damages of $[MINIMUM AMOUNT] to $[MAXIMUM AMOUNT] (if found willful).
II. SUMMARY OF VIOLATIONS
Our Client's claims are based on the following categories of TCPA violations:
Autodialed and/or Prerecorded Calls/Texts to Cell Phone (47 U.S.C. Section 227(b)(1)(A)):
☐ Calls made using an automatic telephone dialing system ("ATDS") without prior express consent
☐ Calls using an artificial or prerecorded voice without prior express consent
☐ Text messages sent using an ATDS without prior express consent
☐ Calls/texts made after consent was revoked
☐ Calls/texts to a reassigned number without proper procedures
Telemarketing Calls (47 U.S.C. Section 227(c); 47 C.F.R. Section 64.1200):
☐ Telemarketing calls to number on National Do-Not-Call Registry
☐ Telemarketing calls to number on company-specific do-not-call list
☐ Failure to maintain internal do-not-call list
☐ Calls outside permitted hours (before 8:00 a.m. or after 9:00 p.m. local time)
☐ Failure to provide required caller identification information
☐ Failure to honor opt-out requests within 30 days
Prerecorded Telemarketing Calls (47 U.S.C. Section 227(b)(1)(B)):
☐ Prerecorded telemarketing calls to residential line without prior express written consent
☐ Prerecorded calls that fail to provide opt-out mechanism at beginning of message
☐ Prerecorded calls that fail to provide toll-free opt-out number
Unsolicited Faxes (47 U.S.C. Section 227(b)(1)(C)):
☐ Unsolicited facsimile advertisements
☐ Faxes sent without proper opt-out notice
☐ Faxes sent after opt-out request
III. STATEMENT OF FACTS
A. Background Information
Consumer Information:
- Name: [CONSUMER FULL NAME]
- Telephone Number(s): [LIST ALL AFFECTED NUMBERS]
- Type of Number: ☐ Cellular ☐ Residential Landline ☐ Business ☐ VoIP
- Number Registration: ☐ National DNC Registry (Date: [DATE]) ☐ State DNC Registry ☐ Company-specific DNC request (Date: [DATE])
Defendant Information:
- Company Name: [DEFENDANT NAME]
- Type of Business: [DESCRIPTION]
- Relationship to Consumer: ☐ No prior relationship ☐ Former customer ☐ Inquiry only ☐ Other: [DESCRIBE]
B. Consent Status
Our Client [SELECT ONE]:
☐ Never provided any form of consent to receive calls or texts from your company
☐ Never provided prior express written consent for telemarketing calls or texts
☐ Provided limited consent that did not extend to the type of calls/texts received. Specifically: [DESCRIBE LIMITATION]
☐ Revoked any prior consent on [DATE] by [DESCRIBE METHOD - verbal request, written request, opt-out text, etc.]
☐ The telephone number was reassigned to our Client on approximately [DATE], and our Client never provided consent
C. Call/Text Log
The following is a log of unauthorized communications our Client received from your company:
| Date | Time | Type | Caller ID | Duration/Content | Evidence |
|---|---|---|---|---|---|
| [DATE] | [TIME] | ☐ Call ☐ Text ☐ Voicemail | [NUMBER DISPLAYED] | [DESCRIPTION] | ☐ Phone records ☐ Screenshot ☐ Recording ☐ Voicemail saved |
| [DATE] | [TIME] | ☐ Call ☐ Text ☐ Voicemail | [NUMBER DISPLAYED] | [DESCRIPTION] | ☐ Phone records ☐ Screenshot ☐ Recording ☐ Voicemail saved |
| [DATE] | [TIME] | ☐ Call ☐ Text ☐ Voicemail | [NUMBER DISPLAYED] | [DESCRIPTION] | ☐ Phone records ☐ Screenshot ☐ Recording ☐ Voicemail saved |
[CONTINUE AS NEEDED - OR ATTACH SEPARATE LOG]
Total Documented Violations: [NUMBER]
Estimated Additional Violations: [NUMBER]
D. Evidence of Autodialer Use
The following characteristics indicate that your company used an automatic telephone dialing system (ATDS) or prerecorded messages:
☐ Prerecorded or artificial voice message
☐ Pause before connection to live agent ("dead air")
☐ Identical or substantially similar message content across multiple calls
☐ Generic messaging not specific to our Client
☐ High call volume inconsistent with manual dialing
☐ Calls/texts received at unusual or automated intervals
☐ Simultaneous calls to multiple lines
☐ Company marketing materials or website referencing automated calling technology
☐ Former employee testimony or public information about calling systems used
☐ Other: [DESCRIBE]
E. Revocation of Consent
[Include if applicable]
On [DATE], our Client clearly and unequivocally revoked any consent to receive further calls by:
☐ Verbally requesting during a call that no further calls be made
☐ Sending written correspondence demanding cessation of calls (copy attached)
☐ Responding "STOP" to a text message
☐ Submitting opt-out request through company website
☐ Registering on National Do-Not-Call Registry
☐ Other: [DESCRIBE]
Despite this revocation, your company continued to place [NUMBER] additional calls/texts to our Client.
IV. LEGAL ANALYSIS
A. Automatic Telephone Dialing System (ATDS) Calls - 47 U.S.C. Section 227(b)(1)(A)
The TCPA prohibits any person from making any call using an automatic telephone dialing system or an artificial or prerecorded voice to any telephone number assigned to a cellular telephone service without the prior express consent of the called party. 47 U.S.C. Section 227(b)(1)(A)(iii).
An ATDS is defined as equipment that has the capacity to store or produce telephone numbers to be called using a random or sequential number generator and to dial such numbers. 47 U.S.C. Section 227(a)(1). Following the Supreme Court's decision in Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), the definition requires the equipment to use a random or sequential number generator either to store or produce numbers.
Your calling equipment qualifies as an ATDS because [DESCRIBE BASIS - predictive dialer, automated calling platform, etc.].
B. Prior Express Consent Requirement
For non-telemarketing autodialed or prerecorded calls, the caller must obtain "prior express consent." 47 C.F.R. Section 64.1200(a)(1). For telemarketing autodialed or prerecorded calls, the caller must obtain "prior express written consent," which must:
- Be in writing (including electronic agreements)
- Bear the signature of the person called
- Clearly authorize the caller to deliver telemarketing messages using an ATDS or prerecorded voice
- Include the telephone number to which calls may be made
- Not be required as a condition of purchase
47 C.F.R. Section 64.1200(f)(9).
Your company lacks valid consent because [EXPLAIN WHY - no consent given, consent revoked, wrong type of consent, etc.].
C. National Do-Not-Call Registry Violations - 47 U.S.C. Section 227(c)
The TCPA directs the FCC to establish a national database of consumers who object to receiving telephone solicitations. 47 U.S.C. Section 227(c)(3). Telemarketers are prohibited from calling numbers that have been on the registry for 31 days or more. 47 C.F.R. Section 64.1200(c)(2).
Our Client's number has been registered on the National Do-Not-Call Registry since [DATE]. Your company had constructive notice of this registration and was prohibited from making telemarketing calls to our Client.
D. Internal Do-Not-Call List Violations - 47 C.F.R. Section 64.1200(d)
Entities making telephone solicitations must maintain a company-specific do-not-call list of persons who have requested not to receive calls. Such requests must be honored for five years. 47 C.F.R. Section 64.1200(d).
Our Client requested placement on your company's do-not-call list on [DATE], yet your company continued to call.
E. Willful and Knowing Violations
The TCPA provides for treble damages ($1,500 per violation) where the defendant "willfully or knowingly" violated the statute. 47 U.S.C. Section 227(b)(3)(C).
Your violations were willful and knowing because:
☐ You continued calling after our Client explicitly revoked consent
☐ You continued calling after our Client requested placement on your do-not-call list
☐ You have been the subject of prior TCPA complaints, lawsuits, or regulatory actions
☐ You continued calling a number registered on the National DNC Registry
☐ You failed to implement or follow required written policies for DNC compliance
☐ Other evidence of willfulness: [DESCRIBE]
V. DAMAGES CALCULATION
A. Statutory Damages Under 47 U.S.C. Section 227(b)(3)
| Category | Number of Violations | Standard Damages ($500) | Treble Damages ($1,500) |
|---|---|---|---|
| Autodialed calls to cell phone | [NUMBER] | $[AMOUNT] | $[AMOUNT] |
| Prerecorded calls to cell phone | [NUMBER] | $[AMOUNT] | $[AMOUNT] |
| Texts sent via ATDS | [NUMBER] | $[AMOUNT] | $[AMOUNT] |
| DNC Registry violations | [NUMBER] | $[AMOUNT] | $[AMOUNT] |
| Calls after consent revocation | [NUMBER] | $[AMOUNT] | $[AMOUNT] |
| TOTAL | [NUMBER] | $[AMOUNT] | $[AMOUNT] |
B. Additional Damages Under State Law
Our Client may also be entitled to additional damages under applicable state mini-TCPA laws, which may provide for:
☐ Enhanced statutory damages
☐ Attorney's fees and costs
☐ Punitive damages
☐ Injunctive relief
VI. PRESERVATION OF EVIDENCE
You are hereby directed to preserve all documents, data, and electronically stored information related to our Client and your calling practices, including but not limited to:
- All call records, including metadata, to and from our Client's telephone number(s)
- All text message records and content
- Consent records, including any purported written consent
- Do-not-call lists and opt-out records
- Calling platform data, including dialer logs and campaign records
- Vendor agreements and records from any third-party calling services
- Training materials for calling personnel
- Policies and procedures for TCPA compliance
- Records of any prior TCPA complaints, lawsuits, or regulatory inquiries
- Marketing campaign materials and call scripts
- Lead source documentation
Failure to preserve this evidence may result in sanctions, adverse inference instructions, and separate claims for spoliation.
VII. DEMAND FOR SETTLEMENT
To resolve this matter without the time and expense of litigation, we demand the following:
A. Monetary Compensation
Payment of $[SETTLEMENT DEMAND] within thirty (30) days of the date of this letter, representing:
- Statutory/treble damages for documented violations: $[AMOUNT]
- Estimated additional undocumented violations: $[AMOUNT]
- State law damages: $[AMOUNT]
- Attorney's fees incurred to date: $[AMOUNT]
B. Injunctive Relief
-
Permanent removal of our Client's telephone number(s) from all calling lists, databases, and marketing campaigns
-
Placement of our Client on your company's internal do-not-call list
-
Written confirmation that the above actions have been taken
C. Third-Party Notification
If our Client's information was obtained from or shared with third parties, written notification to all such parties to remove our Client's information from their systems.
VIII. RESPONSE REQUIRED
Please respond to this demand in writing within thirty (30) days. Your response should include:
- The identity of your calling platform or service provider
- The source of our Client's telephone number
- Any consent records you believe you possess
- Your settlement offer
If we do not receive a satisfactory response within the stated timeframe, we are authorized to file suit in federal or state court without further notice. Please be advised that:
- TCPA claims may be brought as class actions under 47 U.S.C. Section 227(b)(3)
- Federal courts have routinely certified TCPA class actions
- Defense costs in TCPA litigation are substantial regardless of outcome
IX. CLASS ACTION INVESTIGATION
We are investigating whether your calling practices have affected other consumers similarly situated to our Client. Pattern-and-practice evidence discovered in litigation may support class certification, significantly increasing your exposure. Early resolution of our Client's individual claim will not affect our ability to pursue class claims on behalf of others.
X. STATE LAW CLAIMS
In addition to federal TCPA claims, we are evaluating claims under applicable state laws, including:
☐ State telemarketing statutes (mini-TCPA laws)
☐ State consumer protection/UDAP statutes
☐ State anti-robocall statutes
☐ Common law claims (invasion of privacy, trespass to chattels, nuisance)
Many state statutes provide for enhanced damages, attorney's fees, and other remedies not available under the federal TCPA.
XI. CONCLUSION
Your company's repeated violations of the TCPA have caused our Client significant annoyance, inconvenience, and invasion of privacy. Congress enacted the TCPA specifically to address these harms and provided substantial statutory damages to deter such conduct.
We strongly encourage you to resolve this matter promptly. The costs of TCPA litigation far exceed reasonable settlement values, and our Client is fully prepared to litigate this matter to conclusion if necessary.
This letter is written without prejudice to any rights or remedies of our Client, all of which are expressly reserved.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [CONSUMER FULL NAME]
ENCLOSURES:
☐ Call/text log with dates and times
☐ Phone records/billing statements
☐ Screenshots of text messages
☐ Voicemail recordings (on USB drive)
☐ Written revocation of consent
☐ DNC Registry confirmation
☐ Authorization to represent
cc: [CONSUMER NAME]
[CLIENT FILE]
APPENDIX: TCPA STATUTE OF LIMITATIONS
TCPA claims are subject to a four (4) year statute of limitations under 28 U.S.C. Section 1658(a), as the TCPA does not contain its own limitations period.
This template is for informational purposes only and does not constitute legal advice. State-specific variations may significantly affect available claims and remedies. Consult a licensed attorney before use.