TCPA Violation Demand Letter — Alaska

TCPA AND ALASKA CONSUMER PROTECTION VIOLATION DEMAND LETTER

STATE OF ALASKA — DUAL FEDERAL/STATE ENFORCEMENT

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA FIRST-CLASS MAIL

Date: [__/__/____]

To:
[________________________________]
ATTN: Legal Department / Registered Agent
[________________________________]
[________________________________]

Re: DEMAND — Violations of the Telephone Consumer Protection Act and Alaska Unfair Trade Practices Act
Consumer: [________________________________]
Telephone Number(s) Affected: [________________________________]
Approximate Number of Violations: [____]

Dear Sir or Madam:

This law firm represents [________________________________] ("Consumer") in connection with your company's violations of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. 227, and the Alaska Unfair Trade Practices and Consumer Protection Act ("UTPCPA"), AS 45.50.471 et seq., including Alaska's specific telephone solicitation statute at AS 45.50.475. Your company has placed unauthorized telephone calls and/or sent unauthorized text messages to our Client, entitling our Client to substantial statutory damages under both federal and Alaska state law.

Cease all telephone and text communications with our Client immediately. Direct all future communications regarding this matter to our office.

I. ALASKA'S DUAL-TRACK LEGAL FRAMEWORK

Alaska consumers benefit from two independent sources of statutory protection against unwanted telephone solicitations: the federal TCPA and Alaska's own UTPCPA/telephone solicitation statutes. These remedies are cumulative, not alternative, providing Alaska consumers with some of the strongest combined protections in the nation.

A. Federal TCPA — 47 U.S.C. 227

The TCPA provides a private right of action with statutory damages of $500 per violation, trebled to $1,500 per violation for willful or knowing conduct. 47 U.S.C. 227(b)(3). The statute of limitations is four (4) years under 28 U.S.C. 1658(a).

Key prohibitions include:

• Calls to cell phones using an automatic telephone dialing system (ATDS) or prerecorded/artificial voice without prior express consent — 47 U.S.C. 227(b)(1)(A)
• Telemarketing calls to numbers on the National Do-Not-Call Registry — 47 U.S.C. 227(c); 47 C.F.R. 64.1200(c)
• Prerecorded telemarketing calls to residential lines without prior express written consent — 47 U.S.C. 227(b)(1)(B)
• Unsolicited fax advertisements — 47 U.S.C. 227(b)(1)(C)

B. Alaska UTPCPA — AS 45.50.471 et seq.

Alaska's Unfair Trade Practices and Consumer Protection Act declares unlawful all "unfair methods of competition and unfair or deceptive acts or practices in the conduct of trade or commerce." AS 45.50.471(a). Violation of the telephone solicitation provisions at AS 45.50.475 is expressly designated as an unfair trade practice under AS 45.50.471(b)(41).

Private Right of Action — AS 45.50.531:

A consumer who suffers an ascertainable loss may bring suit and recover:

• Three times actual damages or $500, whichever is greater, for each unlawful act or practice
• Injunctive relief under AS 45.50.535
• Reasonable attorney fees and costs under AS 45.50.537

The $500 minimum per violation is a floor, not a cap. This means even if actual damages are minimal, the consumer recovers at least $500 per unlawful act, trebled to $1,500 for each violation if actual damages exceed $500.

Statute of Limitations: Two (2) years from discovery. AS 45.50.531(f).

C. Alaska Telephone Solicitation Law — AS 45.50.475

Alaska's specific telephone solicitation statute makes it unlawful to:

1. Solicit customers on the National Do-Not-Call Registry — A person may not engage in telephone solicitation of a customer whose telephone number has been registered with the national DNC registry for the minimum required time before the call is made. AS 45.50.475(a)(2).

2. Ignore consumer opt-out requests — A person may not solicit a customer who has "previously communicated to the telephone solicitor ... the customer's desire not to receive telephone solicitations." AS 45.50.475(a)(3).

3. Use automated or prerecorded messages for solicitation — A person may not "originate a telephone call using an automated or recorded message as a telephonic advertisement or a telephone solicitation." AS 45.50.475(a)(4).

D. Alaska Telemarketer Registration — AS 45.50.471(b)(36)

Alaska requires telephonic sellers to register with the Alaska Department of Law at least 30 days before commencing telephonic sales in the state. Failure to register is a class C felony and subjects the seller to civil penalties of up to $25,000 per violation. If your company is engaged in telephonic sales to Alaska consumers without registration, this constitutes an additional violation.

II. VIOLATIONS SUMMARY

A. Federal TCPA Violations — 47 U.S.C. 227

☐ Autodialed calls to cell phone without consent — 47 U.S.C. 227(b)(1)(A)(iii)
☐ Prerecorded/artificial voice calls to cell phone without consent — 47 U.S.C. 227(b)(1)(A)(iii)
☐ Text messages via ATDS without consent — 47 U.S.C. 227(b)(1)(A)(iii)
☐ Calls/texts after consent was revoked — See 47 C.F.R. 64.1200(a); Gager v. Dell Fin. Servs., 727 F.3d 265 (3d Cir. 2013)
☐ Telemarketing calls to DNC-registered number — 47 U.S.C. 227(c); 47 C.F.R. 64.1200(c)
☐ Calls to company-specific do-not-call list — 47 C.F.R. 64.1200(d)
☐ Calls outside permitted hours (before 8:00 a.m. or after 9:00 p.m. recipient's local time) — 47 C.F.R. 64.1200(c)(1)
☐ Failure to identify caller/provide callback number — 47 C.F.R. 64.1200(d)(4)
☐ Failure to honor opt-out within 30 days — 47 C.F.R. 64.1200(d)(3)
☐ Prerecorded telemarketing calls to residential line without express written consent — 47 U.S.C. 227(b)(1)(B)

B. Alaska State Law Violations — AS 45.50.471 / AS 45.50.475

☐ Solicitation of DNC-registered number — AS 45.50.475(a)(2)
☐ Solicitation after consumer communicated desire to stop — AS 45.50.475(a)(3)
☐ Automated/recorded message solicitation — AS 45.50.475(a)(4)
☐ Unfair or deceptive trade practice — AS 45.50.471(a)
☐ Failure to register as telephonic seller — AS 45.50.471(b)(36)
☐ Misrepresentations in telemarketing — AS 45.50.471(b)

III. STATEMENT OF FACTS

A. Consumer Information

B. Defendant Information

C. Consent Status

Our Client:

☐ Never provided any consent to receive calls or texts from your company

☐ Never provided prior express written consent for telemarketing calls or texts (required under 47 C.F.R. 64.1200(f)(9) for telemarketing via ATDS)

☐ Provided limited consent that did not extend to the communications received. Specifically: [________________________________]

☐ Revoked all prior consent on [__/__/____] by: [________________________________]

☐ Number was reassigned to our Client on approximately [__/__/____]; our Client never provided consent

D. Call/Text Log

[Attach separate log if additional entries]

Total Documented Violations: [____]
Estimated Additional Undocumented Violations: [____]

E. Alaska Time Zone Considerations

Alaska spans two time zones: Alaska Standard Time (AKST, UTC-9) covering most of the state, and Hawaii-Aleutian Standard Time (HAST, UTC-10) covering the Aleutian Islands west of 169.5°W. The TCPA prohibits calls before 8:00 a.m. or after 9:00 p.m. in the recipient's local time.

Because AKST is 4 hours behind Eastern Time and 1 hour behind Pacific Time, callers operating from the Lower 48 frequently miscalculate permitted calling windows for Alaska consumers. The following calls were placed outside permitted hours in the consumer's local time zone:

F. Evidence of Autodialer Use

☐ Prerecorded or artificial voice message played upon answer
☐ Characteristic pause / "dead air" before live agent connection
☐ Identical or substantially similar message content across calls
☐ Generic messaging not personalized to our Client
☐ Call volume and timing pattern inconsistent with manual dialing
☐ Calls received at automated intervals (e.g., every [____] hours/days)
☐ Defendant's marketing materials reference automated calling technology
☐ Other indicators: [________________________________]

IV. LEGAL ANALYSIS

A. ATDS Definition Post-Duguid

Following Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), an ATDS is equipment that uses a random or sequential number generator to either store or produce numbers to be called. However, prerecorded or artificial voice calls remain independently prohibited under 47 U.S.C. 227(b)(1)(A) regardless of the dialing method.

B. Prior Express Consent — Federal Standard

For non-telemarketing autodialed/prerecorded calls, "prior express consent" is required — which may be oral. For telemarketing autodialed/prerecorded calls, "prior express written consent" is required, which must: (1) be in writing; (2) bear the consumer's signature; (3) clearly authorize telemarketing via ATDS or prerecorded voice; (4) specify the telephone number; and (5) not be a condition of purchase. 47 C.F.R. 64.1200(f)(9).

Your company lacks valid consent because: [________________________________]

C. Alaska UTPCPA — Enhanced State Remedies

Under AS 45.50.531, the UTPCPA provides treble damages or a $500 minimum per violation, whichever is greater. This is in addition to federal TCPA damages. Alaska's statute does not preempt federal remedies and is not preempted by the TCPA.

Moreover, AS 45.50.537 provides for attorney fees to prevailing consumers — a remedy not expressly available under the federal TCPA itself. This makes Alaska one of the more favorable jurisdictions for TCPA-related claims because both statutory damages and fee recovery are available through the state claim.

D. Willful and Knowing Violations

The TCPA provides treble damages ($1,500/violation) for willful or knowing conduct. 47 U.S.C. 227(b)(3)(C). Your violations were willful because:

☐ You continued calling after our Client explicitly revoked consent on [__/__/____]
☐ You continued calling after our Client requested DNC placement on [__/__/____]
☐ You called a number registered on the National DNC Registry since [__/__/____]
☐ You have been subject to prior TCPA complaints, lawsuits, or FCC/FTC enforcement actions
☐ You failed to implement or maintain reasonable TCPA compliance procedures
☐ Other: [________________________________]

V. DAMAGES CALCULATION

A. Federal TCPA Damages — 47 U.S.C. 227(b)(3)

B. Alaska UTPCPA Damages — AS 45.50.531

C. Attorney Fees — AS 45.50.537

D. Combined Damages Summary

VI. EVIDENCE PRESERVATION DEMAND

You are directed to immediately preserve all documents, data, and electronically stored information relating to our Client and your calling/texting practices, including:

• All call detail records (CDRs) and metadata for calls/texts to [________________________________]
• All text message content and delivery records
• Consent records — any purported written or oral consent
• DNC lists (internal and National Registry) and opt-out logs
• Dialer platform data — campaign records, dialing lists, call logs, ATDS configuration
• Third-party vendor agreements for calling/messaging services
• Lead source documentation showing how our Client's number was obtained
• Employee training materials for TCPA and Alaska compliance
• Policies and procedures for telephone solicitation compliance
• Records of prior TCPA complaints, lawsuits, or regulatory inquiries
• Alaska telemarketer registration filings (if any)

Spoliation warning: Failure to preserve this evidence may result in sanctions, adverse inference instructions, and default judgments.

VII. SETTLEMENT DEMAND

A. Monetary Compensation

To resolve this matter without litigation, we demand payment of $[________________________________] within thirty (30) days, representing:

B. Non-Monetary Relief

1. Permanent removal of our Client's telephone number(s) from all calling lists, databases, lead lists, and marketing campaigns

2. Placement on your company's permanent internal do-not-call list

3. Written confirmation within 10 business days that the above actions have been completed

4. Compliance audit — Written representation that your company has reviewed and updated its TCPA compliance procedures

VIII. RESPONSE REQUIRED

Respond in writing within thirty (30) days with:

1. The identity of your calling platform or third-party dialer vendor
2. The source from which you obtained our Client's telephone number
3. Any consent records you claim to possess
4. Your settlement offer

If we do not receive a satisfactory response, we will file suit in Alaska Superior Court (Third Judicial District, Anchorage) or the U.S. District Court for the District of Alaska without further notice.

IX. VENUE AND JURISDICTION CONSIDERATIONS

State Court: Alaska Superior Court has jurisdiction over UTPCPA claims. The Third Judicial District (Anchorage) and First Judicial District (Juneau) are the primary filing locations.

Federal Court: The U.S. District Court for the District of Alaska (Anchorage) has jurisdiction over federal TCPA claims. Supplemental jurisdiction over Alaska state claims is available under 28 U.S.C. 1367.

Small Claims: For individual claims totaling $10,000 or less, Alaska District Court (Small Claims) is available. No jury trial; judge decides.

Class Action: If your company engaged in widespread unlawful calling, class certification may be pursued under Alaska Rule of Civil Procedure 23 or Federal Rule of Civil Procedure 23.

X. RESERVATION OF RIGHTS

This letter is written without prejudice to all rights and remedies available to our Client under federal and Alaska law, all of which are expressly reserved. Nothing herein constitutes a waiver of any claim.

Respectfully submitted,

[________________________________]

By: _________________________________
[________________________________], Attorney at Law
Alaska Bar Association No. [________________________________]
[________________________________]
[________________________________], Alaska [____]
[________________________________]
[________________________________]

Attorneys for [________________________________]

ENCLOSURES:

☐ Call/text log with dates, times (AKST), and durations
☐ Phone records / billing statements from carrier
☐ Screenshots of text messages
☐ Voicemail recordings (on USB drive or digital file)
☐ Written revocation of consent (if applicable)
☐ National DNC Registry confirmation
☐ Company-specific DNC request documentation
☐ Authorization to represent

cc:
[________________________________] (Client)
Client File

ALASKA TCPA — QUICK REFERENCE TABLE

ALASKA-SPECIFIC PRACTICE NOTES

☐ Dual Recovery — Federal + State Damages: Alaska's UTPCPA provides an independent cause of action with its own damages formula ($500 minimum or treble damages per violation). These state damages may be recovered in addition to federal TCPA statutory damages, making Alaska one of the most favorable jurisdictions for combined recovery.

☐ $500 Minimum Per Violation Under UTPCPA: Even where actual damages are nominal, AS 45.50.531 guarantees a $500 floor per unlawful act. For multiple violations, this compounds quickly.

☐ Attorney Fees Available Through State Claim: The federal TCPA does not expressly provide for attorney fees. However, AS 45.50.537 awards reasonable attorney fees to prevailing UTPCPA plaintiffs, making the state claim essential for full cost recovery.

☐ Alaska Time Zone Violations Are Common: Because AKST is UTC-9 (4 hours behind Eastern), callers in East Coast time zones frequently call Alaska consumers after 9:00 p.m. AKST. For consumers in the Aleutian Islands (HAST, UTC-10), the problem is even more pronounced. Document local times for all calls.

☐ Telemarketer Registration Requirement: Alaska requires telephonic sellers to register with the Department of Law 30 days before beginning sales. Unregistered sellers face felony charges and $25,000 civil penalties per violation. Check registration status at: https://law.alaska.gov/department/civil/consumer/telemarketreg.html

☐ Alaska AG Consumer Protection Unit: File complaints with the Consumer Protection Unit — Anchorage office (907-269-5200) or Juneau office (907-465-2133). The AG can pursue civil penalties of up to $25,000 per violation.

☐ Remote Community Impact: Unwanted calls are particularly intrusive in remote Alaska communities where telephone service may be limited, expensive (satellite phone), or shared among community members. Document any heightened impact.

☐ Safe Harbor Defense: Under AS 45.50.475, an employer of telephone solicitors is not liable if it adopted and implemented written compliance procedures, trained personnel, and the violation resulted from good faith error. Request compliance documentation in discovery to test this defense.

SOURCES AND REFERENCES

• 47 U.S.C. 227 — Telephone Consumer Protection Act
• 47 C.F.R. 64.1200 — FCC Implementing Regulations
• AS 45.50.471 et seq. — Alaska Unfair Trade Practices and Consumer Protection Act
• AS 45.50.475 — Unlawful, Unwanted Telephone Advertisements and Solicitations
• AS 45.50.531 — Private and Class Actions
• AS 45.50.537 — Attorney Fees
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021) — ATDS definition
• Alaska Attorney General, Telemarketing: https://law.alaska.gov/department/civil/consumer/cp_telemarketing.html
• Alaska Telemarketer Registration: https://law.alaska.gov/department/civil/consumer/telemarketreg.html

This template is for informational purposes only and does not constitute legal advice. TCPA and Alaska consumer protection laws are subject to change. Consult a licensed Alaska attorney before use.