TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER

STATE OF CALIFORNIA

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 California 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. CALIFORNIA-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. California Invasion of Privacy Act (Mini-TCPA)

California has enacted one of the strongest state-level telephone consumer protection statutes in the nation. The California Invasion of Privacy Act ("CIPA"), Cal. Penal Code Section 630 et seq., and specifically Section 632.7, provides significant additional protections and damages.

Cal. Penal Code Section 632.7 - Recording of Cellular Communications:

This statute prohibits the intentional recording of a communication transmitted between a cellular telephone and another device without the consent of all parties. This may apply to prerecorded messages delivered to cellular phones.

Cal. Penal Code Section 637.2 - Private Right of Action:

Section 637.2 provides a private right of action for violations of CIPA with the following remedies:

• Statutory Damages: $5,000 per violation, OR
• Actual Damages: Three times actual damages, whichever is greater
• Injunctive Relief
• Attorney's Fees and Costs

Statute of Limitations: Three (3) years. Cal. Code Civ. Proc. Section 338(a).

C. California Automatic Dialing-Announcing Device Law

Cal. Pub. Util. Code Section 2871 et seq. regulates the use of automatic dialing-announcing devices (ADADs) in California.

Key Provisions:
- Registration required with the California Public Utilities Commission
- Prohibition on calls to emergency lines, health care facilities, and similar numbers
- Time restrictions on calls
- Required disclosures

Penalties: Violations are punishable by fines and potential criminal penalties.

D. California Consumer Legal Remedies Act (CLRA)

The Consumer Legal Remedies Act, Cal. Civ. Code Section 1750 et seq., prohibits unfair methods of competition and deceptive practices.

CLRA Notice Requirement: Under Cal. Civ. Code Section 1782, consumers must provide 30 days' written notice before filing suit for damages. This letter may serve as such notice.

Remedies:
- Actual damages. Cal. Civ. Code Section 1780
- Punitive damages (in cases of oppression, fraud, or malice). Cal. Civ. Code Section 1780
- Injunctive relief. Cal. Civ. Code Section 1780
- Attorney's fees. Cal. Civ. Code Section 1780(e)

Statute of Limitations: Three (3) years. Cal. Civ. Code Section 1783.

E. California Unfair Competition Law (UCL)

The Unfair Competition Law, Cal. Bus. & Prof. Code Section 17200 et seq., prohibits unlawful, unfair, or fraudulent business practices.

Remedies:
- Restitution and disgorgement. Cal. Bus. & Prof. Code Section 17203
- Injunctive relief. Cal. Bus. & Prof. Code Section 17203

Statute of Limitations: Four (4) years. Cal. Bus. & Prof. Code Section 17208.

F. California Rosenthal Fair Debt Collection Practices Act

If the calls relate to debt collection, the Rosenthal Act, Cal. Civ. Code Section 1788 et seq., may provide additional remedies.

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

California Invasion of Privacy Act Violations (Cal. Penal Code Section 630 et seq.):

[ ] Recording of cellular communications without consent (Section 632.7)
[ ] Interception of communications (Section 631)
[ ] Use of automatic dialing-announcing device without consent

California Automatic Dialing-Announcing Device Violations (Cal. Pub. Util. Code Section 2871 et seq.):

[ ] Use of ADAD without required registration
[ ] ADAD calls outside permitted hours
[ ] ADAD calls without required disclosures

California Consumer Legal Remedies Act Violations (Cal. Civ. Code Section 1770):

[ ] Unfair or deceptive acts in consumer transactions
[ ] Misrepresentations in telemarketing communications

California Unfair Competition Law Violations (Cal. Bus. & Prof. Code Section 17200):

[ ] Unlawful business practices (violation of TCPA, CIPA)
[ ] Unfair business practices
[ ] Fraudulent business practices

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])
- California Resident: Yes

Defendant Information:
- Company Name: [DEFENDANT NAME]
- Type of Business: [DESCRIPTION]
- California ADAD Registration: [ ] Registered with CPUC [ ] 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), automatic dialing-announcing device (ADAD), 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. California Invasion of Privacy Act Analysis

Under Cal. Penal Code Section 632.7, your company's use of prerecorded messages to contact our Client's cellular telephone without consent violates California law. Section 637.2 provides for statutory damages of $5,000 per violation or three times actual damages, whichever is greater.

See Coles v. U.S. Life Ins. Co., No. 2:17-cv-07467 (C.D. Cal.) (applying Section 632.7 to prerecorded voicemail messages).

C. California ADAD Law Analysis

If your company used an automatic dialing-announcing device, it is required to be registered with the California Public Utilities Commission under Cal. Pub. Util. Code Section 2872. Failure to register and comply with ADAD regulations subjects your company to additional penalties.

D. 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.

E. CLRA Notice

PLEASE TAKE NOTICE: Pursuant to Cal. Civ. Code Section 1782, this letter serves as the required 30-day notice of violations of the Consumer Legal Remedies Act. If your company does not adequately remedy its violations within 30 days, our Client will seek damages, including punitive damages, under the CLRA.

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). The California Invasion of Privacy Act likewise provides for enhanced damages.

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. California Invasion of Privacy Act Damages Under Cal. Penal Code Section 637.2

C. California CLRA Damages

D. Combined Damages Summary

Note: California law provides some of the highest statutory damages in the nation for telephone privacy violations. The $5,000 per violation under Section 637.2 can result in substantial exposure for defendants.

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
• California ADAD registration records
• Vendor agreements and records from any third-party calling services
• Training materials for calling personnel
• Policies and procedures for TCPA and CIPA compliance
• Records of any prior TCPA, CIPA, or related complaints, lawsuits, or regulatory inquiries

California recognizes independent tort claims for intentional spoliation of evidence. Cedars-Sinai Med. Ctr. v. Superior Court (1998) 18 Cal.4th 1. Destruction of evidence may result in sanctions and adverse inferences.

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:

• Federal TCPA statutory/treble damages: $[AMOUNT]
• California Invasion of Privacy Act damages: $[AMOUNT]
• California CLRA 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 California Superior Court or the United States District Court for the Northern, Central, Eastern, or Southern District of California without further notice.

CLRA NOTICE: Pursuant to Cal. Civ. Code Section 1782, if this matter is not resolved within 30 days, our Client will seek all available damages under the Consumer Legal Remedies Act, including punitive damages.

IX. CLASS ACTION INVESTIGATION

We are investigating whether your calling practices have affected other California consumers similarly situated to our Client. California's Private Attorney General Act (PAGA), Labor Code Section 2698 et seq., and robust class action procedures make California a particularly favorable forum for aggregate litigation.

X. CONCLUSION

Your company's repeated violations of the TCPA and California law have caused our Client significant annoyance, inconvenience, and invasion of privacy. California's strong consumer protection laws provide substantial remedies for telephone harassment.

We strongly encourage you to resolve this matter promptly. California juries have awarded significant damages in telephone privacy cases.

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 California No. [NUMBER]
[ADDRESS]
[CITY, CALIFORNIA 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]

CALIFORNIA-SPECIFIC PRACTICE NOTES

[ ] Cal. Penal Code Section 637.2: Provides $5,000 per violation - significantly higher than federal TCPA damages. This is California's "mini-TCPA" provision.

[ ] CLRA 30-Day Notice: Required before filing suit for damages. This demand letter can serve as CLRA notice.

[ ] Venue: California Superior Court or U.S. District Court. Consider whether state or federal forum is more advantageous.

[ ] PAGA Claims: Consider whether representative action under Private Attorney General Act is appropriate.

[ ] Class Actions: California has plaintiff-friendly class action rules. Consider class treatment.

[ ] Recording Laws: California is a two-party consent state. Recorded voicemails may trigger Section 632.7 claims.

[ ] Prejudgment Interest: Available from date of filing under Cal. Civ. Code Section 3291.

[ ] Attorney's Fees: Available under CLRA, Section 637.2, and potentially other statutes.

[ ] Punitive Damages: Available under CLRA for willful violations; consider Cal. Civ. Code Section 3294 standards.

[ ] Small Claims: For smaller individual claims, consider California Small Claims Court (up to $10,000).

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