TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER

STATE OF ARIZONA

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 Arizona 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. ARIZONA-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. Arizona Telephone Solicitation Act

Arizona has enacted the Arizona Telephone Solicitation Act, A.R.S. Section 44-1271 et seq., which regulates telephone solicitations in the state.

Key Provisions:

• Registration Required: Telephone solicitors must register with the Arizona Secretary of State. A.R.S. Section 44-1272.
• Prohibited Hours: Telephone solicitations are prohibited before 8:00 a.m. and after 9:00 p.m. A.R.S. Section 44-1275.
• Disclosure Requirements: Callers must identify themselves and the purpose of the call. A.R.S. Section 44-1275.
• Do-Not-Call Compliance: Solicitors must maintain and honor do-not-call lists. A.R.S. Section 44-1275.

Enforcement: The Arizona Attorney General may bring actions for violations. A.R.S. Section 44-1276.

C. Arizona Consumer Fraud Act

The Arizona Consumer Fraud Act ("ACFA"), A.R.S. Section 44-1521 et seq., provides additional protection against deceptive and unfair telemarketing practices.

Private Right of Action: A.R.S. Section 44-1533 provides consumers a private right of action for violations.

Remedies Available:
- Actual damages. A.R.S. Section 44-1533
- Punitive damages for willful violations. A.R.S. Section 44-1533
- Injunctive relief. A.R.S. Section 44-1528
- Attorney's fees and costs. A.R.S. Section 44-1534

Statute of Limitations: One (1) year. A.R.S. Section 12-541.

D. Arizona Do-Not-Call Provisions

Arizona does not maintain a separate state do-not-call registry but recognizes and enforces the National Do-Not-Call Registry. Arizona residents may register their telephone numbers on the National Registry for protection against unwanted telemarketing calls.

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 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

Arizona Telephone Solicitation Act Violations (A.R.S. Section 44-1271 et seq.):

[ ] Solicitor not registered with Arizona Secretary of State
[ ] Calls outside permitted hours under Arizona law
[ ] Failure to make required disclosures
[ ] Failure to honor do-not-call requests

Arizona Consumer Fraud Act Violations (A.R.S. Section 44-1522):

[ ] Deceptive acts or practices through unwanted commercial solicitations
[ ] Misrepresentations in telemarketing communications
[ ] Omission of material facts in solicitations

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]) [ ] Company-specific DNC request (Date: [DATE])
- Arizona Resident: Yes

Defendant Information:
- Company Name: [DEFENDANT NAME]
- Type of Business: [DESCRIPTION]
- Arizona 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," which must meet the requirements of 47 C.F.R. Section 64.1200(f)(9).

Your company lacks valid consent because [EXPLAIN WHY].

C. National Do-Not-Call Registry Violations - 47 U.S.C. Section 227(c)

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. Arizona Telephone Solicitation Act Analysis

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

E. Arizona Consumer Fraud Act Analysis

Under the Arizona Consumer Fraud Act, your conduct constitutes consumer fraud because [DESCRIBE HOW CONDUCT VIOLATES ACFA]. The ACFA provides for actual damages, punitive 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 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. Arizona 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
• Arizona telephone solicitor registration 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

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]
• Arizona 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 Arizona state court or the United States District Court for the District of Arizona without further notice.

IX. CONCLUSION

Your company's repeated violations of the TCPA and Arizona 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]
State Bar of Arizona No. [NUMBER]
[ADDRESS]
[CITY, ARIZONA 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]

ARIZONA-SPECIFIC PRACTICE NOTES

[ ] Arizona Telephone Solicitation Act: Check whether defendant is registered as a telephone solicitor with the Arizona Secretary of State.

[ ] Arizona Consumer Fraud Act: One-year statute of limitations; file promptly.

[ ] Attorney's Fees: Available under Arizona Consumer Fraud Act (A.R.S. Section 44-1534).

[ ] Punitive Damages: Available under ACFA for willful violations.

[ ] Venue: Actions may be filed in Arizona Superior Court or in the U.S. District Court for the District of Arizona.

[ ] Small Claims: For smaller individual claims, consider Arizona Justice Court (up to $3,500).

[ ] Class Actions: TCPA claims may be brought as class actions. Consider whether class treatment is appropriate.

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