TCPA Violation Demand Letter — Arkansas

TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER

Federal TCPA (47 U.S.C. § 227) and Arkansas State Telemarketing Laws

Ark. Code Ann. §§ 4-99-101 et seq. and §§ 4-88-101 et seq.

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

Date: [__/__/____]

To:
[________________________________] (Defendant Company Name)
ATTN: Legal Department / Registered Agent
[________________________________] (Street Address)
[________________________________] (City, State ZIP)

Re: DEMAND — Unauthorized Telephone Communications in Violation of Federal TCPA and Arkansas Law
Consumer: [________________________________]
Telephone Number(s): [________________________________]
Approximate Violations: [________________________________]

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer"), an Arkansas resident, in connection with your company's violations of the federal Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, the Arkansas Consumer Telephone Privacy Act ("ACTPA"), Ark. Code Ann. §§ 4-99-401 through 4-99-408, the Arkansas Deceptive Trade Practices Act ("ADTPA"), Ark. Code Ann. §§ 4-88-101 through 4-88-115, and the Arkansas Telephonic Sellers registration requirements, Ark. Code Ann. §§ 4-99-101 through 4-99-304.

Cease all contact with our client immediately. Direct all future communications regarding this matter to our office.

I. ARKANSAS AND FEDERAL LEGAL FRAMEWORK

A. Federal TCPA (47 U.S.C. § 227)

The TCPA provides a private right of action with statutory damages of:

• $500 per violation for calls or texts made using an automatic telephone dialing system (ATDS) or prerecorded/artificial voice without prior express consent; and
• $1,500 per violation (treble damages) where the violation is willful or knowing.

47 U.S.C. § 227(b)(3). The statute of limitations for federal TCPA claims is four (4) years under 28 U.S.C. § 1658(a).

Following Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), an ATDS is defined as equipment that uses a random or sequential number generator to either store or produce telephone numbers to be called. However, prerecorded-voice calls remain actionable regardless of the dialing method.

B. Arkansas Consumer Telephone Privacy Act (Ark. Code Ann. §§ 4-99-401 through 4-99-408)

Arkansas enacted the ACTPA in 1999 to protect the privacy of Arkansas consumers who have affirmatively objected to unsolicited telephone solicitations. The General Assembly directed that the statute be liberally construed to effectuate this goal. Ark. Code Ann. § 4-99-402.

Key ACTPA provisions:

Important: The Arkansas No-Call List has been merged with the federal National Do-Not-Call Registry for administrative purposes. However, the ACTPA remains independently enforceable and carries its own civil penalty provisions.

C. Arkansas Telephonic Sellers Registration (Ark. Code Ann. §§ 4-99-101 through 4-99-304)

Arkansas requires telephonic sellers to register with the Arkansas Secretary of State before conducting telephone solicitations in the state. Ark. Code Ann. § 4-99-103. Additional requirements include:

• Prohibited hours: No calls before 8:00 a.m. or after 9:00 p.m. local time. Ark. Code Ann. § 4-99-105.
• Disclosure requirements: The caller must immediately identify themselves and the purpose of the call. Ark. Code Ann. § 4-99-105.
• Surety bond or letter of credit may be required. Ark. Code Ann. § 4-99-104.
• Failure to register subjects the solicitor to civil penalties and injunctive relief.

D. Arkansas Deceptive Trade Practices Act (Ark. Code Ann. §§ 4-88-101 through 4-88-115)

The ADTPA provides the strongest Arkansas state-law remedy available to individual consumers for unwanted telemarketing because it includes a private right of action. Ark. Code Ann. § 4-88-113.

Deceptive practices relevant to telemarketing include:

• Caller ID spoofing: "Displaying or causing to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service" is an expressly enumerated deceptive and unconscionable trade practice. Ark. Code Ann. § 4-88-107(a)(15).
• Misrepresentations in connection with consumer transactions.
• Unconscionable, false, or deceptive acts or practices in business, commerce, or trade.

ADTPA Private Remedies (Ark. Code Ann. § 4-88-113(f)):

Critical ADTPA limitation: Private class actions under the ADTPA are prohibited except for claims involving violations of Arkansas Constitution Amendment 89. Individual actions are fully available.

II. SUMMARY OF VIOLATIONS

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

☐ Calls made using an ATDS to a cellular telephone without prior express consent — § 227(b)(1)(A)(iii)

☐ Calls using an artificial or prerecorded voice to a 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 to a number registered on the National Do-Not-Call Registry — § 227(c)(5)

☐ Calls/texts made after consent was revoked

☐ Failure to honor opt-out requests within 30 days — 47 C.F.R. § 64.1200(d)(3)

☐ Failure to provide required caller identification — 47 C.F.R. § 64.1200(d)(1)

B. Arkansas Consumer Telephone Privacy Act Violations (§§ 4-99-401 et seq.)

☐ Telephone solicitation to a number on the Arkansas No-Call database — § 4-99-405

☐ Solicitor failed to purchase the quarterly Arkansas No-Call List — § 4-99-404

C. Arkansas Telephonic Sellers Act Violations (§§ 4-99-101 et seq.)

☐ Solicitor not registered with the Arkansas Secretary of State — § 4-99-103

☐ Calls outside permitted hours (before 8:00 a.m. or after 9:00 p.m.) — § 4-99-105

☐ Failure to disclose identity and purpose of call — § 4-99-105

D. Arkansas Deceptive Trade Practices Act Violations (§§ 4-88-101 et seq.)

☐ Caller ID spoofing — displaying fictitious or misleading caller information — § 4-88-107(a)(15)

☐ Deceptive or unconscionable telemarketing practices — § 4-88-107

☐ Misrepresentations in connection with the solicitation — § 4-88-107

III. FACTUAL STATEMENT

A. Consumer and Defendant Information

Consumer:
| Item | Details |
|------|---------|
| Name | [________________________________] |
| Telephone Number(s) | [________________________________] |
| Number Type | ☐ Cellular ☐ Residential Landline ☐ VoIP |
| National DNC Registration Date | [__/__/____] |
| Arkansas No-Call List Registration | ☐ Yes (permanent) ☐ No ☐ Unknown |
| Arkansas Resident | Yes |

Defendant:
| Item | Details |
|------|---------|
| Company Name | [________________________________] |
| Business Type | [________________________________] |
| AR Secretary of State Telephonic Seller Registration | ☐ Registered ☐ Not Registered ☐ Unknown |
| Relationship to Consumer | ☐ None ☐ Former customer ☐ Inquiry only ☐ Other: [________________________________] |

B. Consent Status

☐ Consumer never provided any form of consent to receive calls or texts from Defendant.

☐ Consumer never provided prior express written consent for telemarketing calls or texts as required by 47 C.F.R. § 64.1200(f)(9).

☐ Consumer provided limited consent that did not extend to the communications at issue. Specifically: [________________________________]

☐ Consumer revoked all consent on [__/__/____] by: [________________________________] (e.g., verbal request, written notice, opt-out reply)

☐ Consumer's telephone number was reassigned to the Consumer on approximately [__/__/____]; Consumer never provided consent.

C. Call and Text Log

(Continue as needed or attach a separate log)

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

D. Indicators of ATDS or Prerecorded-Voice Use

☐ Prerecorded or artificial voice message

☐ Noticeable pause / "dead air" before connection to a live agent

☐ Identical or substantially similar message content across multiple calls

☐ Generic messaging not personalized to Consumer

☐ High call volume inconsistent with manual dialing

☐ Calls at automated intervals (e.g., every 2 hours, daily at the same time)

☐ Defendant's marketing materials reference automated calling technology

☐ Caller ID displayed a fictitious or spoofed number (ADTPA § 4-88-107(a)(15) violation)

☐ Other: [________________________________]

IV. WILLFULNESS ANALYSIS

Treble damages ($1,500/violation) under the federal TCPA and treble damages under the ADTPA are available when violations are willful or knowing. The following facts establish willfulness:

☐ Defendant continued calling after Consumer explicitly revoked consent

☐ Defendant continued calling after Consumer requested placement on Defendant's internal do-not-call list

☐ Consumer's number was registered on the National DNC Registry and/or Arkansas No-Call List before the calls began

☐ Defendant has been the subject of prior TCPA complaints, lawsuits, or FCC/FTC enforcement actions

☐ Defendant failed to register as a telephonic seller with the Arkansas Secretary of State

☐ Defendant displayed a spoofed or fictitious caller ID number

☐ Other: [________________________________]

V. DAMAGES CALCULATION

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

B. Arkansas ADTPA Damages (Ark. Code Ann. § 4-88-113(f))

C. Combined Demand 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 practices, including:

• All call records and metadata to/from Consumer's telephone number(s)
• All text message records and content
• Consent records, including any purported written consent
• Internal and external do-not-call lists and opt-out records
• Dialer platform data, campaign records, and calling scripts
• Arkansas Secretary of State telephonic seller registration records
• Records showing purchase of the Arkansas No-Call List from the Attorney General
• Caller ID configuration records (to establish whether numbers were spoofed)
• Third-party calling vendor agreements
• Training materials and TCPA compliance policies
• Records of any prior TCPA complaints, lawsuits, or regulatory inquiries

Failure to preserve this evidence may result in spoliation sanctions and adverse inference instructions.

VII. SETTLEMENT DEMAND

To resolve this matter without litigation, we demand:

A. Monetary Payment

Payment of $[________________________________] within thirty (30) days of the date of this letter, representing:

B. Non-Monetary Relief

1. Permanent removal of Consumer's telephone number(s) from all calling lists, databases, lead lists, and marketing campaigns.
2. Placement of Consumer on Defendant's permanent internal do-not-call list.
3. Written confirmation that the above actions have been completed.

VIII. RESPONSE AND DEADLINE

Respond in writing within thirty (30) days with:

1. The identity of your calling platform or service provider;
2. The source of Consumer's telephone number;
3. Any consent records you believe you possess;
4. Your settlement offer.

If we do not receive a satisfactory response, we are authorized to file suit in:

• Arkansas Circuit Court in the county where the Consumer resides or where the calls were received; or
• United States District Court for the Eastern District of Arkansas (Little Rock Division) or the Western District of Arkansas (Fort Smith, Fayetteville, or Texarkana Divisions).

IX. RESERVATION OF RIGHTS

This letter is without prejudice to any rights or remedies available to our client under federal or Arkansas law, all of which are expressly reserved. Nothing in this letter or any subsequent negotiations constitutes a waiver of any claim.

Respectfully submitted,

[________________________________] (Law Firm Name)

By: _________________________________
[________________________________] (Attorney Name)
Arkansas Bar No. [________________________________]
[________________________________] (Street Address)
[________________________________] (City, Arkansas ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

Attorneys for [________________________________]

ENCLOSURES:
☐ Call/text log with dates, times, and durations
☐ Phone records / carrier billing statements
☐ Screenshots of text messages
☐ Voicemail recordings (USB drive)
☐ Written revocation of consent
☐ National DNC Registry confirmation
☐ Written opt-out requests sent to Defendant
☐ Authorization to represent

cc: [________________________________] (Consumer)
Client File

ARKANSAS-SPECIFIC NOTES

☐ Arkansas Consumer Telephone Privacy Act (ACTPA) — The ACTPA is enforced primarily by the Arkansas Attorney General, not through private lawsuits. However, ACTPA violations that also constitute deceptive trade practices are actionable by private consumers under the ADTPA (§ 4-88-113). Frame state-law claims through the ADTPA.

☐ Caller ID Spoofing Is Expressly Prohibited — Arkansas is one of the states that specifically enumerates caller ID spoofing as a deceptive trade practice under § 4-88-107(a)(15). If the defendant displayed a fictitious or misleading caller ID, this provides an independent ADTPA claim.

☐ ADTPA Has a Longer SOL Than Federal TCPA — The ADTPA statute of limitations is 5 years (§ 4-88-115) versus 4 years for federal TCPA claims (28 U.S.C. § 1658). This can matter when older violations are at issue.

☐ $500 Minimum Damage Under ADTPA — Even if actual damages are minimal, the ADTPA guarantees at least $500 per claim (§ 4-88-113(f)), plus discretionary treble damages for willful violations.

☐ No Private Class Actions Under ADTPA — The ADTPA prohibits private class actions (except for Amendment 89 claims). Structure multi-consumer cases as individual actions or pursue class certification under the federal TCPA only.

☐ Telephonic Seller Registration — Check whether the defendant is registered as a telephonic seller with the Arkansas Secretary of State. Failure to register is an independent violation and evidence of disregard for Arkansas law.

☐ Venue Options — Individual TCPA claims may be filed in Arkansas Circuit Court (no minimum amount in controversy) or in federal court. For claims exceeding the amount-in-controversy threshold, the Eastern District of Arkansas (Little Rock) and Western District of Arkansas (Fort Smith, Fayetteville, Texarkana) are the two available federal forums.

☐ AG Referral — Report egregious violations to the Arkansas Attorney General, Consumer Protection Division, 323 Center Street, Suite 200, Little Rock, AR 72201, (800) 482-8982. AG enforcement actions under the ACTPA carry penalties up to $10,000 per violation.

Sources and References

• 47 U.S.C. § 227 — Telephone Consumer Protection Act
• 47 C.F.R. § 64.1200 — FCC TCPA implementing regulations
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021) — ATDS definition
• 28 U.S.C. § 1658 — 4-year federal SOL for TCPA claims
• Ark. Code Ann. §§ 4-99-101 through 4-99-304 — Regulation of Telephonic Sellers
• Ark. Code Ann. §§ 4-99-401 through 4-99-408 — Arkansas Consumer Telephone Privacy Act
• Ark. Code Ann. §§ 4-88-101 through 4-88-115 — Arkansas Deceptive Trade Practices Act
• Ark. Code Ann. § 4-88-107(a)(15) — Caller ID spoofing prohibition
• Ark. Code Ann. § 4-88-113(f) — ADTPA private right of action and remedies
• Arkansas AG Consumer Protection: https://arkansasag.gov
• Arkansas Secretary of State, Telephonic Seller Registration: https://www.sos.arkansas.gov

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