TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER

STATE OF ARKANSAS

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, its implementing regulations at 47 C.F.R. Section 64.1200, and applicable Arkansas state law. 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. ARKANSAS-SPECIFIC LEGAL FRAMEWORK

A. Federal TCPA Claims

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

B. Arkansas Telephone Solicitation Act

Arkansas has enacted the Arkansas Telephone Solicitation Act, Ark. Code Ann. Section 4-99-101 et seq., which regulates telephone solicitations in the state.

Key Provisions:

• Registration Required: Telephone solicitors must register with the Arkansas Attorney General. Ark. Code Ann. Section 4-99-103.
• Prohibited Hours: Telephone solicitations are prohibited before 8:00 a.m. and after 9:00 p.m. Ark. Code Ann. Section 4-99-105.
• Disclosure Requirements: Callers must immediately disclose their identity and the purpose of the call. Ark. Code Ann. Section 4-99-105.
• Do-Not-Call Compliance: Arkansas maintains a state do-not-call list administered by the Attorney General. Ark. Code Ann. Section 4-99-104.

Penalties: Violations are subject to civil penalties up to $10,000 per violation. Ark. Code Ann. Section 4-99-108.

C. Arkansas Deceptive Trade Practices Act

The Arkansas Deceptive Trade Practices Act ("ADTPA"), Ark. Code Ann. Section 4-88-101 et seq., provides additional protection against deceptive telemarketing practices.

Private Right of Action: Ark. Code Ann. Section 4-88-113 provides consumers a private right of action for violations.

Remedies Available:
- Actual damages or $500, whichever is greater. Ark. Code Ann. Section 4-88-113(f)
- Discretionary treble damages for willful violations. Ark. Code Ann. Section 4-88-113(f)
- Injunctive relief. Ark. Code Ann. Section 4-88-104
- Reasonable attorney's fees and costs. Ark. Code Ann. Section 4-88-113(f)

Statute of Limitations: Five (5) years. Ark. Code Ann. Section 4-88-115.

D. Arkansas Do-Not-Call Registry

Arkansas maintains its own state Do-Not-Call Registry administered by the Attorney General's Office. Ark. Code Ann. Section 4-99-104. Telephone solicitors are prohibited from calling numbers on this registry.

Key Requirements:
- Solicitors must purchase the Arkansas DNC list quarterly
- Numbers remain on the list until removed by the subscriber
- Violations are punishable by civil penalties

II. SUMMARY OF VIOLATIONS

Our Client's claims are based on the following categories of 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 Arkansas State 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

Arkansas Telephone Solicitation Act Violations (Ark. Code Ann. Section 4-99-101 et seq.):

[ ] Solicitor not registered with Arkansas Attorney General
[ ] Calls to number on Arkansas State Do-Not-Call Registry
[ ] Calls outside permitted hours under Arkansas law
[ ] Failure to make required disclosures at beginning of call
[ ] Failure to honor do-not-call requests

Arkansas DTPA Violations (Ark. Code Ann. Section 4-88-107):

[ ] Deceptive acts or practices through unwanted commercial solicitations
[ ] Misrepresentations in telemarketing communications
[ ] Unconscionable conduct in consumer transactions

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]) [ ] Arkansas State DNC Registry (Date: [DATE]) [ ] Company-specific DNC request (Date: [DATE])
- Arkansas Resident: Yes

Defendant Information:
- Company Name: [DEFENDANT NAME]
- Type of Business: [DESCRIPTION]
- Arkansas Telephone Solicitor Registration: [ ] Registered [ ] Not Registered [ ] Unknown
- 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:

[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
[ ] Other: [DESCRIBE]

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).

Following the Supreme Court's decision in Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), an ATDS is defined as equipment that uses a random or sequential number generator either to store or produce numbers to be called.

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" meeting the requirements of 47 C.F.R. Section 64.1200(f)(9).

Your company lacks valid consent because [EXPLAIN WHY].

C. National and State Do-Not-Call Registry Violations

Our Client's number has been registered on the National Do-Not-Call Registry since [DATE] and on the Arkansas State Do-Not-Call Registry since [DATE]. Your company had constructive notice of these registrations and was prohibited from making telemarketing calls to our Client.

D. Arkansas Telephone Solicitation Act Analysis

Your company violated the Arkansas Telephone Solicitation Act by [DESCRIBE VIOLATIONS - e.g., failing to register, calling DNC numbers, calling outside permitted hours, failing to make required disclosures].

E. Arkansas DTPA Analysis

Under the Arkansas Deceptive Trade Practices Act, your conduct constitutes a deceptive trade practice because [DESCRIBE HOW CONDUCT VIOLATES ADTPA]. The ADTPA provides for actual damages or $500 minimum, treble damages for willful violations, and attorney's fees.

F. 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 or Arkansas DNC Registry
[ ] Other evidence of willfulness: [DESCRIBE]

V. DAMAGES CALCULATION

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

B. Arkansas State Law Damages

C. Combined Damages Summary

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
• Arkansas telephone solicitor registration records
• Records showing purchase of Arkansas State DNC list
• 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

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

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]
• Arkansas state law damages: $[AMOUNT]
• Attorney's fees incurred to date: $[AMOUNT]

B. Injunctive Relief

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

2. Placement of our Client on your company's internal do-not-call list

3. Written confirmation that the above actions have been taken

VIII. RESPONSE REQUIRED

Please respond to this demand in writing within thirty (30) days. Your response should include:

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

If we do not receive a satisfactory response within the stated timeframe, we are authorized to file suit in the appropriate Arkansas state court or the United States District Court for the Eastern or Western District of Arkansas without further notice.

IX. CONCLUSION

Your company's repeated violations of the TCPA and Arkansas law have caused our Client significant annoyance, inconvenience, and invasion of privacy. We strongly encourage you to resolve this matter promptly.

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]
Arkansas Bar No. [NUMBER]
[ADDRESS]
[CITY, ARKANSAS 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
[ ] National DNC Registry confirmation
[ ] Arkansas State DNC Registry confirmation
[ ] Authorization to represent

cc: [CONSUMER NAME]
[CLIENT FILE]

ARKANSAS-SPECIFIC PRACTICE NOTES

[ ] Arkansas State DNC Registry: Arkansas maintains its own do-not-call registry separate from the National Registry. Verify client's registration on both.

[ ] Arkansas Telephone Solicitation Act: Check whether defendant is registered with the Arkansas Attorney General.

[ ] Arkansas DTPA: Five-year statute of limitations; provides $500 minimum damages plus attorney's fees.

[ ] Treble Damages: Available under Arkansas DTPA for willful violations.

[ ] Venue: Actions may be filed in Arkansas Circuit Court or in the U.S. District Court for the Eastern or Western District of Arkansas.

[ ] Small Claims: For smaller individual claims, consider Arkansas Small Claims Division (up to $5,000).

[ ] Attorney General Referral: Consider reporting violations to the Arkansas Attorney General's Consumer Protection Division.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Arkansas attorney before use.