TCPA Violation Demand Letter — Alabama

TCPA AND ALABAMA TELEPHONE SOLICITATION VIOLATION DEMAND LETTER

ALABAMA — FEDERAL AND STATE CLAIMS

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

Date: [__/__/____]

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

Re: DEMAND — Unauthorized Telephone Communications
Federal TCPA, Alabama Telephone Solicitations Act, and Alabama DTPA Violations
Consumer: [________________________________]
Telephone Number(s): [________________________________]
Approximate Violations: [________________________________]

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer"), an Alabama resident, in connection with your company's unauthorized telephone calls and/or text messages to our Client's telephone number(s). Your conduct violates the federal Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, the Alabama Telephone Solicitations Act, Ala. Code § 8-19C-1 et seq., and the Alabama Deceptive Trade Practices Act ("ADTPA"), Ala. Code § 8-19-1 et seq. Our Client is entitled to substantial statutory damages under both federal and Alabama law.

Cease all telephone communications with our Client immediately and direct all further communications to this office.

I. LEGAL FRAMEWORK — THREE OVERLAPPING SOURCES OF LIABILITY

Alabama consumers who receive unwanted telephone solicitations have the benefit of three distinct but overlapping legal frameworks. Understanding their interplay is critical to evaluating the full scope of liability.

A. Federal TCPA — Primary Individual Remedy (47 U.S.C. § 227)

The federal TCPA is the primary vehicle for individual damages claims arising from unauthorized robocalls and text messages. Key provisions:

Autodialed / Prerecorded Calls to Cell Phones (§ 227(b)(1)(A)):

• Prohibits calls using an automatic telephone dialing system ("ATDS") or artificial/prerecorded voice to cell phones without prior express consent
• Following Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), an ATDS is equipment that uses a random or sequential number generator to store or produce numbers
• Damages: $500 per violation; $1,500 per violation if willful or knowing (§ 227(b)(3))
• Statute of limitations: 4 years (28 U.S.C. § 1658(a))
• Private right of action: Expressly provided (§ 227(b)(3))

Do-Not-Call Registry Violations (§ 227(c)):

• Prohibits telemarketing calls to numbers registered on the National Do-Not-Call Registry
• Damages: $500 per violation; $1,500 if willful (§ 227(c)(5))
• Sellers must scrub call lists against the Registry at least every 31 days (47 C.F.R. § 64.1200(c)(2)(i)(F))

Prior Express Written Consent for Telemarketing (47 C.F.R. § 64.1200(a)(2)):

• Telemarketing calls using autodialer or prerecorded voice require prior express written consent
• Consent must: (i) be in writing; (ii) bear the called party's signature; (iii) clearly authorize telemarketing messages via ATDS/prerecorded voice; (iv) identify the specific telephone number; (v) not be a condition of purchase
• The 2025 FCC one-to-one consent rule further tightens requirements for lead generators

B. Alabama Telephone Solicitations Act — State Private Right of Action (Ala. Code § 8-19C-1 et seq.)

Alabama maintains its own telephone solicitation statute separate from the federal TCPA, with its own private right of action and damages:

Alabama Do-Not-Call Register (§ 8-19C-2):

• The Alabama Public Service Commission (APSC) maintains a state-level Do-Not-Call Register — a database of residential subscribers who have elected not to receive telephone solicitations
• Telephone solicitors must obtain updated copies of the Register from the APSC
• It is a violation to knowingly make telephone solicitations to numbers appearing on a copy of the Register that was in effect at least 60 days before the solicitation

Caller Identification Requirements (§ 8-19C-5):

• Telephone solicitors must identify themselves, the person or entity on whose behalf the call is made, and the purpose of the call at the beginning of the solicitation
• Caller ID must accurately display the solicitor's name or the name of the entity on whose behalf the call is made

Private Right of Action (§ 8-19C-6):

• A consumer who receives more than one telephone solicitation within a 12-month period from the same person or entity in violation of § 8-19C-2 or § 8-19C-5 may:
• Bring an action to enjoin the violation
• Recover actual monetary damages or up to $2,000 per knowing violation, whichever is greater
• Bring both actions
• This state-law private right of action is in addition to federal TCPA damages

Statute of Limitations: Two (2) years (Ala. Code § 8-19C-9)

Licensing Requirement (Alabama Telemarketing Act, § 8-19A-1 et seq.):

• Any person or entity engaging in commercial telephone solicitation in Alabama must be licensed by the Alabama Attorney General's Office under the Alabama Telemarketing Act
• Operating without a telemarketing license is a separate violation exposing the caller to AG enforcement

C. Alabama Deceptive Trade Practices Act — Additional State Claims (Ala. Code § 8-19-1 et seq.)

The ADTPA provides a separate private right of action for consumers who suffer monetary damage from deceptive trade practices, which can include patterns of unwanted telemarketing:

Private Right of Action (§ 8-19-10):

• Consumer may recover actual damages or $100, whichever is greater
• Court may award treble damages (up to 3x actual damages) for willful violations, considering the frequency of violations, number of persons affected, and degree of intentionality
• Reasonable attorney fees and costs to the prevailing consumer
• Pre-suit demand required: Consumer must send a written demand at least 15 days before filing suit, identifying the claimant, describing the deceptive act, and identifying the injury (§ 8-19-10(e))
• No class actions: The ADTPA expressly prohibits class action suits (§ 8-19-10(f))

Statute of Limitations: Two (2) years (Ala. Code § 8-19-14)

Critical Distinction: Some practitioners incorrectly state that the Alabama DTPA does not provide a private right of action. In fact, § 8-19-10 does provide a private right of action, including treble damages and attorney fees. However, certain subsections of the DTPA (particularly § 8-19-5(27), relating to specific enumerated practices) have been interpreted narrowly by Alabama courts. The AG also has independent enforcement authority under § 8-19-3.

II. SUMMARY OF YOUR VIOLATIONS

Federal TCPA Violations (47 U.S.C. § 227):

☐ Autodialed calls to cellular telephone without prior express consent (§ 227(b)(1)(A)(iii))
☐ Prerecorded or artificial voice calls to cellular telephone without prior express consent (§ 227(b)(1)(A)(iii))
☐ Text messages sent via ATDS without prior express consent (§ 227(b)(1)(A)(iii))
☐ Telemarketing calls/texts without prior express written consent (47 C.F.R. § 64.1200(a)(2))
☐ Calls/texts after consent was revoked (consent revoked on [__/__/____])
☐ Telemarketing calls to number on National Do-Not-Call Registry (§ 227(c))
☐ Failure to honor internal do-not-call request within 30 days
☐ Calls outside permitted hours (before 8:00 a.m. or after 9:00 p.m. local time)
☐ Failure to transmit accurate caller identification information
☐ Calls/texts to reassigned number without proper verification procedures

Alabama Telephone Solicitations Act Violations (Ala. Code § 8-19C):

☐ Telephone solicitations to number on the Alabama Do-Not-Call Register (§ 8-19C-2)
☐ More than one violation within 12-month period by same entity (triggering § 8-19C-6 private action)
☐ Failure to properly identify caller, entity, and purpose of call (§ 8-19C-5)
☐ Solicitations using numbers that appeared on the Register at least 60 days prior

Alabama DTPA Violations (Ala. Code § 8-19-5):

☐ Pattern of unwanted commercial solicitations constituting deceptive trade practice
☐ Misrepresentations in telemarketing communications
☐ Unconscionable conduct in consumer transactions

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. There is no prior business relationship and no consent of any kind.

☐ Never provided prior express written consent as required for telemarketing autodialed/prerecorded calls under 47 C.F.R. § 64.1200(a)(2).

☐ Revoked all prior consent on [__/__/____] by [________________________________]. Under the TCPA, consent may be revoked by any reasonable means, and revocation is effective immediately.

☐ Received a reassigned number. The telephone number was assigned to our Client on approximately [__/__/____]. Our Client never consented to communications from your company.

☐ Provided limited consent that did not extend to the type, frequency, or content of calls/texts received. Specifically: [________________________________]

D. Call and Text Log

(Attach additional log if more than 5 violations)

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

E. Evidence of Automated Dialing Technology

☐ Prerecorded or artificial voice message (no live person)
☐ Characteristic pause or "dead air" before connection to live agent
☐ Identical or substantially similar message content across multiple calls
☐ Generic messaging not personalized to our Client
☐ High volume of calls at automated intervals inconsistent with manual dialing
☐ Company website or marketing materials referencing automated dialing platforms
☐ Text messages sent in automated patterns with standardized formatting
☐ Other indicators: [________________________________]

IV. EVIDENCE OF WILLFUL AND KNOWING VIOLATIONS

The TCPA provides treble damages ($1,500 per violation) for willful or knowing violations. 47 U.S.C. § 227(b)(3)(C). Similarly, the Alabama Telephone Solicitations Act provides up to $2,000 per knowing violation. Ala. Code § 8-19C-6. Your violations were willful and knowing because:

☐ You continued calling after our Client explicitly revoked consent on [__/__/____]
☐ You continued calling after our Client requested placement on your internal do-not-call list on [__/__/____]
☐ You called a number registered on the National DNC Registry for more than [____] years without scrubbing your lists
☐ You have been the subject of prior TCPA complaints, lawsuits, or FCC/FTC enforcement actions
☐ You operate a high-volume call center with knowledge of TCPA requirements
☐ You are not licensed under the Alabama Telemarketing Act despite soliciting Alabama consumers
☐ Other evidence of willfulness: [________________________________]

V. DAMAGES CALCULATION

A. Federal TCPA Damages (47 U.S.C. § 227(b)(3) and (c)(5))

B. Alabama Telephone Solicitations Act Damages (§ 8-19C-6)

C. Alabama DTPA Damages (§ 8-19-10)

D. Combined Damages Summary

Note on Stacking: Federal TCPA damages and Alabama state-law damages arise from different statutes with different elements and are not duplicative. Courts in the Eleventh Circuit have recognized that state-law claims may proceed alongside federal TCPA claims.

VI. ALABAMA-SPECIFIC PRE-SUIT DEMAND — DTPA COMPLIANCE

This letter constitutes the 15-day pre-suit written demand required by Ala. Code § 8-19-10(e) before filing a DTPA action. As required by the statute, this demand:

1. Identifies the claimant: [________________________________], an Alabama resident of [________________________________] County
2. Describes the unfair or deceptive act: Repeated unauthorized telephone solicitations to our Client's telephone number(s) in violation of state and federal law
3. Identifies the injury suffered: Invasion of privacy, annoyance, inconvenience, wasted time, and monetary damages as described herein

You have fifteen (15) days from receipt of this letter to respond to this demand before our Client may file a DTPA action.

VII. DOCUMENT PRESERVATION

You are directed to immediately preserve all documents, data, and electronically stored information related to communications with our Client, including:

• All call records and metadata (including dialer platform logs) for our Client's number(s)
• All text message records and content
• Consent records, opt-in records, and any purported written consent
• Internal and National Do-Not-Call lists and opt-out logs
• Alabama Do-Not-Call Register copies obtained from the APSC
• Calling platform configuration data, campaign records, and dialer type documentation
• Vendor agreements with third-party calling services or lead generators
• Training materials for TCPA and telemarketing compliance
• Alabama Telemarketing Act license records
• Records of prior TCPA complaints, lawsuits, or regulatory inquiries

Failure to preserve this evidence may result in sanctions and adverse inference instructions under Alabama law and federal procedure.

VIII. SETTLEMENT DEMAND

To resolve this matter without litigation, we demand:

A. Monetary Payment

Payment of $[________________________________] within thirty (30) days, representing:

B. Injunctive / Non-Monetary Relief

1. Permanent removal of our Client's telephone number(s) from all calling lists, databases, lead lists, and marketing campaigns
2. Permanent placement on your company's internal do-not-call list
3. Written confirmation within 10 days that the above actions have been completed
4. Identification of any third-party lead generators or calling services that provided our Client's number

IX. RESPONSE REQUIRED

Respond in writing within thirty (30) days with:

1. The identity of your dialing platform or calling service provider
2. The source from which you obtained our Client's telephone number
3. Any consent records you believe you possess for our Client
4. Your Alabama Telemarketing Act license number (or confirmation that you are exempt)
5. Your settlement offer or counter-proposal

Consequences of Non-Response

If we do not receive a satisfactory response, our Client will:

☐ File suit in the Circuit Court of [________________________________] County, Alabama (DTPA and state telephone solicitation claims — note: DTPA does not permit class actions)

☐ File suit in the United States District Court for the [Northern / Middle / Southern] District of Alabama (federal TCPA claims)

☐ File complaints with the Alabama Attorney General's Consumer Protection Division (501 Washington Avenue, Montgomery, AL 36130; phone: (334) 242-7334; toll-free: (800) 392-5658)

☐ File complaints with the Alabama Public Service Commission (RSA Union Building, 100 N. Union Street, Suite 868, Montgomery, AL 36104) regarding violations of the Alabama Do-Not-Call Register

☐ File complaints with the Federal Communications Commission and the Federal Trade Commission

X. RESERVATION OF RIGHTS

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

Respectfully submitted,

[________________________________]

By: _________________________________
[________________________________], Attorney at Law
Alabama State Bar No. [________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Counsel for [________________________________]

ENCLOSURES:
☐ Call/text log with dates, times, and descriptions
☐ Phone records / billing statements showing calls received
☐ Screenshots of text messages
☐ Voicemail recordings (USB drive)
☐ Written revocation of consent (if applicable)
☐ National DNC Registry confirmation
☐ Written request to be placed on internal do-not-call list
☐ Authorization to represent

cc: [________________________________] (Consumer)
Client file

ALABAMA-SPECIFIC NOTES

☐ Alabama Has Its Own Do-Not-Call Register: Unlike most states that rely solely on the federal National Do-Not-Call Registry, Alabama maintains a separate state-level register through the Alabama Public Service Commission under Ala. Code § 8-19C-2. Violations of the state register create an independent state-law claim with up to $2,000 per knowing violation — distinct from and in addition to federal TCPA damages.

☐ Private Right of Action Exists Under BOTH State Statutes: Alabama consumers have private rights of action under both the Telephone Solicitations Act (§ 8-19C-6, requiring more than one violation within 12 months by the same entity) and the Deceptive Trade Practices Act (§ 8-19-10). The federal TCPA provides a third private right of action. All three may be asserted simultaneously.

☐ DTPA Pre-Suit Demand Is Mandatory: The ADTPA requires a 15-day written pre-suit demand (§ 8-19-10(e)) before filing a DTPA action. Failure to send this demand will bar the DTPA claim. This demand letter should satisfy that requirement.

☐ No Class Actions Under DTPA: Ala. Code § 8-19-10(f) expressly prohibits class actions under the DTPA. However, class actions remain available under the federal TCPA and potentially under the Telephone Solicitations Act.

☐ Alabama Telemarketing Licensing: The Alabama Telemarketing Act (§ 8-19A-1 et seq.) requires companies engaging in commercial telephone solicitation in Alabama to be licensed by the AG. Operating without a license is an independent violation and may support an argument for willfulness on the TCPA and state-law claims.

☐ Venue Considerations: Federal TCPA claims may be filed in U.S. District Court (Alabama has three: Northern in Birmingham, Middle in Montgomery, Southern in Mobile) or in Alabama state court. State claims under §§ 8-19C and 8-19 must be filed in Alabama Circuit Court. Consider consolidating all claims in one forum.

☐ Alabama's 60-Day Register Rule: Under § 8-19C-2, the violation occurs if the solicitor calls a number that appeared on the Register copy that was in effect at least 60 days before the call. This 60-day grace period means that newly added numbers may not be protected for the first 60 days.

☐ Eleventh Circuit TCPA Precedent: Alabama is in the Eleventh Circuit. Key precedent includes Suttles v. Disney, Glasser v. Hilton Grand Vacations Co., and other decisions interpreting the ATDS definition post-Duguid. Practitioners should review current Eleventh Circuit authority on standing, ATDS definitions, and consent revocation.

Sources and References

• 47 U.S.C. § 227 — Telephone Consumer Protection Act
• 47 C.F.R. § 64.1200 — FCC TCPA Implementing Regulations
• Ala. Code § 8-19C-1 et seq. — Alabama Telephone Solicitations Act
• Ala. Code § 8-19C-2 — Alabama Do-Not-Call Register
• Ala. Code § 8-19C-6 — Private Right of Action (up to $2,000 per knowing violation)
• Ala. Code § 8-19C-9 — Two-Year Statute of Limitations
• Ala. Code § 8-19A-1 et seq. — Alabama Telemarketing Act (licensing)
• Ala. Code § 8-19-1 et seq. — Alabama Deceptive Trade Practices Act
• Ala. Code § 8-19-10 — DTPA Private Right of Action (treble damages + attorney fees)
• Ala. Code § 8-19-10(e) — DTPA Pre-Suit Demand Requirement (15 days)
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021) — ATDS definition
• Alabama Attorney General, Consumer Protection: https://www.alabamaag.gov
• Alabama Public Service Commission: https://psc.alabama.gov
• FCC TCPA Enforcement: https://www.fcc.gov/general/telemarketing-and-robocalls

This template is for informational purposes only and does not constitute legal advice. Laws change frequently; verify current requirements with a licensed Alabama attorney.