TCPA / Colorado No-Call Law Violation Demand Letter - Colorado

TCPA AND COLORADO NO-CALL LAW VIOLATION DEMAND LETTER

STATE OF COLORADO

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED — ARTICLE NO. [____________________]
AND FIRST-CLASS MAIL

[__/__/____]

[DEFENDANT COMPANY FULL LEGAL NAME]
ATTN: Legal Department / Registered Agent / Compliance Officer
[STREET ADDRESS]
[CITY, STATE ZIP]

Re: DEMAND — TCPA, COLORADO NO-CALL LAW, AND CCPA VIOLATIONS
Consumer: [________________________________]
Affected Telephone Number(s): [________________________________]
Colorado No-Call Registration Date: [__/__/____]
National DNC Registration Date: [__/__/____]
Documented Violations: [____]
Estimated Total Exposure: $[____________________]

Dear Sir or Madam:

This law firm represents [________________________________] ("Consumer" or "Client") in connection with your company's systematic violations of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227; the Colorado No-Call Law, C.R.S. § 6-1-1001 et seq.; and the Colorado Consumer Protection Act ("CCPA"), C.R.S. § 6-1-101 et seq. Your company has placed unauthorized telephone calls and/or sent unauthorized text messages to our Client's telephone number(s), entitling our Client to substantial statutory damages under both federal and Colorado state law.

Direct all future communications regarding this matter to this office. Cease all telephone, text, and automated communications with our Client immediately.

I. LEGAL FRAMEWORK — FEDERAL AND COLORADO LAW

A. Federal TCPA — 47 U.S.C. § 227

The Telephone Consumer Protection Act restricts automated calling and prohibits telemarketing to numbers on the National Do-Not-Call Registry. Key provisions applicable here:

Automated Calls / Texts to Cellular Numbers — 47 U.S.C. § 227(b)(1)(A):
No person may make any call using an automatic telephone dialing system ("ATDS") or an artificial or prerecorded voice to any telephone number assigned to a cellular telephone service without prior express consent of the called party.

National DNC Registry — 47 U.S.C. § 227(c):
Telemarketers are prohibited from calling residential numbers registered on the National Do-Not-Call Registry more than 31 days prior to the call.

Damages:

• $500 per violation (standard)
• $1,500 per violation for willful or knowing violations
• 47 U.S.C. § 227(b)(3)

Statute of Limitations: 4 years — 28 U.S.C. § 1658(a)

ATDS Definition Post-Facebook, Inc. v. Duguid: Equipment that uses a random or sequential number generator either to store or produce telephone numbers to be called. Facebook, Inc. v. Duguid, 592 U.S. 395 (2021).

B. Colorado No-Call Law — C.R.S. § 6-1-1001 et seq.

Colorado enacted its own Telephone Consumer Protection Act, codified at C.R.S. § 6-1-1001 et seq., which operates alongside and independently of the federal TCPA. This is a critically important distinction — Colorado consumers have two independent sets of claims.

Key Colorado No-Call Provisions:

Colorado No-Call Registry (C.R.S. § 6-1-1003):
Colorado maintains a state no-call registry administered by the Colorado Attorney General. Telephone solicitors are prohibited from calling any Colorado residential subscriber whose number is on the Colorado registry.

Solicitor Registration Requirement (C.R.S. § 6-1-1003):
Telephone solicitors must register with the Colorado Attorney General before making calls. Operating without registration is an independent violation.

Prohibited Hours (C.R.S. § 6-1-1003(1)(a)):
Telephone solicitations are prohibited before 8:00 a.m. and after 9:00 p.m. Mountain Time (Colorado local time). Note: Mountain Standard Time (UTC-7) and Mountain Daylight Time (UTC-6) differ by season — solicitors bear the risk of error.

Caller ID Requirements (C.R.S. § 6-1-1003(1)(b)):
Solicitors must transmit accurate caller identification information. Spoofed or blocked caller ID is an independent violation.

Private Right of Action (C.R.S. § 6-1-1006):
Colorado's No-Call Law expressly creates a private right of action with a minimum of $500 per violation, in addition to actual damages. This is a key advantage over relying solely on the federal TCPA.

AG Enforcement (C.R.S. § 6-1-1005):
The Colorado Attorney General may seek injunctive relief and civil penalties of up to $2,000 per violation. We intend to refer this matter to the AG if not promptly resolved.

Exemptions (C.R.S. § 6-1-1004):
Colorado's No-Call Law contains limited exemptions for: existing business relationships (within 18 months of last purchase or 3 months of inquiry), not-for-profit organizations, certain political calls, and newspaper subscriptions. None of these exemptions apply here because: [________________________________]

C. Colorado Consumer Protection Act — C.R.S. § 6-1-101 et seq.

The CCPA prohibits deceptive trade practices in the conduct of any trade or business in Colorado. Relevant provisions:

• C.R.S. § 6-1-105(1)(v): Knowingly making false representation in communications to Colorado consumers
• C.R.S. § 6-1-105(1)(w): Using unfair, unconscionable means in the course of soliciting consumers
• C.R.S. § 6-1-105(1)(u): Making deceptive representations with knowledge of falsity

CCPA Remedies — C.R.S. § 6-1-113(2):

• Actual damages
• Treble damages for willful and wanton violations
• Minimum $500 per violation (this floor applies even when actual damages are difficult to quantify)
• Reasonable attorney fees and costs
• Statute of limitations: 3 years (C.R.S. § 6-1-115) — longer than the 4-year federal TCPA period, and longer than statutes of limitations in many states

See Hall v. Walter, 969 P.2d 224 (Colo. 1998) (private right of action under CCPA); Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc., 62 P.3d 142 (Colo. 2003) (willful and wanton standard).

D. Colorado Privacy Act — C.R.S. § 6-1-1301 et seq. (Effective July 1, 2023)

The Colorado Privacy Act ("CPA") governs the collection, use, and processing of personal data of Colorado residents. If your company obtained our Client's telephone number from a data broker, purchased list, or data aggregator without valid consent under the CPA, the use of that data for telemarketing constitutes an independent violation of Colorado law. We are investigating the source of our Client's telephone number and reserve the right to assert CPA claims.

E. Colorado One-Party Consent Recording

C.R.S. § 18-9-303 makes Colorado a one-party consent state for recording telephone calls. Our Client is legally permitted to record any call with your company without disclosure or consent from your side. Calls have been and/or will be recorded.

II. CONSUMER INFORMATION AND VIOLATION FACTS

A. Consumer and Number Information

B. Defendant Information

C. Consent Analysis

Our Client's consent status:

☐ No consent ever provided — Consumer never provided any form of written or verbal consent to receive calls, texts, or prerecorded messages from your company.

☐ No prior express written consent for telemarketing — Consumer may have provided contact information for a limited purpose (e.g., product inquiry, warranty registration) but never provided the TCPA-required "prior express written consent" for autodialed marketing calls or texts.

☐ Consent revoked in writing — Consumer expressly revoked any prior consent on [__/__/____] by: ☐ Written letter ☐ Email ☐ "STOP" text reply ☐ Verbal revocation during call ☐ Other: [________________________________]. You continued calling after revocation.

☐ Consent scope exceeded — Consumer provided consent limited to [________________________________] but you made calls/texts of a materially different nature: [________________________________].

☐ Reassigned number — Consumer's telephone number was reassigned to Consumer on approximately [__/__/____]; any prior consent from a previous subscriber did not transfer to Consumer.

III. DOCUMENTED VIOLATIONS

A. Call and Text Log

[Attach separate violation log for additional entries.]

Total Documented Violations: [____]
Estimated Additional Undocumented Violations: [____]
Date Range of Violations: [__/__/____] through [__/__/____]

B. Violation Categories

Federal TCPA Violations — 47 U.S.C. § 227:
☐ Autodialed calls to Consumer's cellular number without prior express consent
☐ Prerecorded or artificial voice calls to cellular number without consent
☐ Autodialed or prerecorded text messages to cellular number without consent
☐ Calls/texts after Consumer revoked consent
☐ Telemarketing calls to National DNC Registry number
☐ Calls to a reassigned number after receiving notice of reassignment

Colorado No-Call Law Violations — C.R.S. § 6-1-1001 et seq.:
☐ Calls to Consumer's number registered on Colorado No-Call List
☐ Operating as unregistered telephone solicitor (C.R.S. § 6-1-1003)
☐ Calls before 8:00 a.m. or after 9:00 p.m. Mountain Time (C.R.S. § 6-1-1003(1)(a))
☐ Transmitting false, blocked, or spoofed caller identification (C.R.S. § 6-1-1003(1)(b))
☐ Failure to maintain and honor company-specific do-not-call list
☐ Failure to honor do-not-call request within 30 days

Colorado Consumer Protection Act Violations — C.R.S. § 6-1-105:
☐ Deceptive commercial solicitations misrepresenting the purpose of the call
☐ Misrepresenting identity of the caller or company
☐ Failing to honor opt-out requests — constitutes ongoing deceptive conduct
☐ Using purchased data obtained without valid consumer consent under the Colorado Privacy Act

C. Evidence of Automated Dialing

The following characteristics confirm use of an ATDS or prerecorded system:

☐ Prerecorded or artificial voice message played upon Consumer answering
☐ "Dead air" or significant pause before a live agent connected (classic ATDS characteristic)
☐ Calls received at regular, automated intervals (e.g., every [____] hours/days)
☐ Identical or near-identical message content across multiple calls
☐ Generic content not personalized to Consumer
☐ Simultaneous or back-to-back calls on consecutive days without manual explanation
☐ Company website, marketing materials, or job postings reference automated calling platforms
☐ Other: [________________________________]

IV. DAMAGES CALCULATION

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

B. Colorado No-Call Law Damages — C.R.S. § 6-1-1006

C. Colorado Consumer Protection Act Damages — C.R.S. § 6-1-113(2)

D. Combined Exposure Summary

V. BASIS FOR WILLFUL AND KNOWING VIOLATIONS

Both the TCPA ($1,500/violation) and the CCPA (treble damages) provide enhanced relief for willful conduct. Your violations were willful and knowing because:

☐ Consumer explicitly revoked consent on [__/__/____] and you continued calling
☐ Consumer's number was on the Colorado No-Call List as of [__/__/____] — you had constructive notice
☐ Consumer's number was on the National DNC Registry as of [__/__/____]
☐ You have been the subject of prior TCPA complaints, class actions, or regulatory actions (see: [________________________________])
☐ Your company is in an industry with well-known TCPA compliance obligations
☐ Consumer sent a "STOP" text reply on [__/__/____]; calls/texts continued
☐ Consumer verbally requested removal on [__/__/____]; calls continued
☐ You failed to register as a telephone solicitor with the Colorado AG despite the statutory requirement
☐ Other evidence of willfulness: [________________________________]

VI. PRESERVATION OF EVIDENCE DEMAND

You are hereby directed to immediately preserve all documents, data, and electronically stored information ("ESI") related to our Client and your calling practices, including:

• All call records, call center logs, and dialer platform data relating to our Client's telephone number(s) from [__/__/____] to present
• All text message records, content, and metadata
• All consent records, including any purported opt-in records, electronic signatures, or website submissions
• Your internal do-not-call list and all records of opt-out requests
• Colorado No-Call List purchase records and compliance documentation
• Colorado telephone solicitor registration records
• All calling platform data (predictive dialer, ATDS, robodialing system configurations)
• Vendor and third-party calling service agreements and communications
• Records of the source or purchase of our Client's telephone number
• Records of any prior TCPA complaints, regulatory inquiries, or class action litigation
• CCPA compliance policies and procedures
• Colorado Privacy Act compliance documentation (consent records for data used in calling campaigns)
• Training materials for calling personnel
• Management communications regarding compliance

Destruction or alteration of any of the above after receipt of this notice may constitute spoliation of evidence and will result in a motion for sanctions and adverse inference instructions. See CRE 513 and C.R.C.P. 37.

VII. DEMAND FOR SETTLEMENT

To resolve this matter without litigation, we demand:

A. Monetary Compensation

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

Payment must be made by wire transfer, certified check, or ACH to:

[________________________________]
[________________________________]
[________________________________], Colorado [________]
Reference: [________________________________] TCPA Settlement

B. Injunctive Relief

1. Permanent removal of our Client's telephone number(s) from all calling lists, databases, text campaigns, and marketing platforms — within 5 business days of settlement

2. Written confirmation identifying: (a) all platforms and lists from which the number has been removed; (b) the date of removal; and (c) the identity of the person responsible for compliance

3. Registration of our Client's number on your company's internal do-not-call list — permanent

4. Prohibition on resale of our Client's contact data to third parties without valid written consent under the Colorado Privacy Act

VIII. RESPONSE REQUIRED

Respond to this demand in writing within thirty (30) days. Your response must include:

1. The identity of your calling platform(s) and service provider(s)
2. The source of our Client's telephone number
3. All consent records you claim to possess for our Client
4. Your Colorado telephone solicitor registration number (or acknowledgment of non-registration)
5. Confirmation of any prior TCPA complaints or enforcement actions against your company
6. Your settlement offer

If we do not receive a satisfactory response within thirty (30) days, we will file suit in the U.S. District Court for the District of Colorado (Denver Division) and/or Colorado District Court without further notice.

IX. REGULATORY REFERRALS

Regardless of your response, we will evaluate reporting your conduct to:

• Colorado Attorney General — Consumer Protection Section, 1300 Broadway, Denver, CO 80203; [email protected]; (800) 222-4444. The AG may seek civil penalties of up to $2,000 per violation under C.R.S. § 6-1-1005.
• Federal Communications Commission (FCC) — TCPA Enforcement Division: fcc.gov/consumers/guides/filing-informal-complaint
• Federal Trade Commission (FTC) — National DNC Registry Enforcement: donotcall.gov/report
• Colorado Public Utilities Commission (if applicable to regulated communications carriers): dora.colorado.gov/puc

X. CONCLUSION

Your company's repeated and willful violations of federal and Colorado law have caused our Client significant invasion of privacy, annoyance, emotional distress, and loss of productive time. The combined exposure under the TCPA, Colorado No-Call Law, and CCPA is substantial. We strongly encourage you to resolve this matter promptly.

This letter is written without prejudice to any and all rights and remedies of our Client, all of which are expressly reserved.

Respectfully submitted,

[________________________________]

By: _______________________________________________
[________________________________]
Colorado Bar No. [________]
[________________________________]
[________________________________], Colorado [________]
Tel: [________________________________]
Email: [________________________________]

Attorneys for [________________________________]

ENCLOSURES:
☐ Call/text violation log (Exhibit A)
☐ Telephone carrier billing records / phone records
☐ Screenshots of text messages (with metadata)
☐ Recorded voicemail(s) (USB drive enclosed)
☐ Written / email revocation of consent (dated)
☐ Colorado No-Call Registry confirmation (screenshot or printout, dated [__/__/____])
☐ National DNC Registry confirmation (screenshot or printout, dated [__/__/____])
☐ Authorization to represent Consumer

cc: [________________________________] (Consumer)
Colorado Attorney General — Consumer Protection Section, 1300 Broadway, Denver, CO 80203
Client File

COLORADO TCPA / NO-CALL LAW QUICK REFERENCE

COLORADO PRACTICE NOTES FOR ATTORNEYS

☐ Two Independent State Claims: Colorado gives consumers the Colorado No-Call Law (§ 6-1-1006, $500/violation private right) AND the CCPA (§ 6-1-113, $500/violation + treble + attorney fees) on top of the federal TCPA. In a high-volume case, the aggregate exposure per violation can reach $2,500+ per call/text when all three are pled.

☐ Solicitor Registration Check Is Fast and Often Dispositive: Search the Colorado AG's registered solicitor database at coag.gov before filing. If the defendant is not registered, that is an independent per-call violation requiring minimal proof — just the call logs and registration search results.

☐ Mountain Time for Prohibited Hours: The prohibited-hours provision (before 8 a.m. / after 9 p.m.) uses Mountain Time — this matters for companies calling Colorado from the East Coast. A 9:01 p.m. MT call is within the window; a call made at 9:01 p.m. ET is 7:01 p.m. MT and permissible. But companies often err.

☐ Colorado Privacy Act Data Source Investigation: If the defendant obtained Consumer's number from a data broker or purchased list, investigate whether the data was collected with valid CPA consent. If not, the entire calling campaign may be infected with CPA violations — a powerful additional claim.

☐ One-Party Consent Recording: Under C.R.S. § 18-9-303, the Consumer can record calls without informing the other party. This is a significant evidentiary advantage — advise clients to record every call immediately upon receipt of this demand letter.

☐ Existing Business Relationship (EBR) Exemption: Colorado's EBR exemption is narrower than federal — 18 months from last purchase/transaction; 3 months from inquiry. Confirm the last transaction date and whether it falls within the window.

☐ Class Action Potential: If the call log shows a high volume of calls to Colorado numbers, consider whether class treatment under C.R.C.P. 23 is appropriate. The TCPA, Colorado No-Call Law, and CCPA all support class actions.

☐ Small Claims for Individual Micro-Claims: For consumers with only a handful of calls, Colorado Small Claims Court (up to $7,500) is a fast, low-cost alternative. No attorney required; Consumer can appear pro se. The $500-minimum-per-violation floor makes even 3–5 calls a potentially $1,500–$2,500 claim.

☐ AG Referral Creates Leverage: Filing a complaint with the Colorado AG's Consumer Protection Section before filing suit creates public record and AG investigation potential. The AG's civil penalty authority ($2,000/violation) is independent of private damages, which creates additional pressure on defendants.

☐ Hall v. Walter Standard: Under Hall v. Walter, 969 P.2d 224 (Colo. 1998), a CCPA plaintiff must show the challenged conduct was a "deceptive trade practice" that occurred "in the course of the defendant's business." Repeated unauthorized telemarketing clearly qualifies.

SOURCES AND REFERENCES

• C.R.S. § 6-1-1001 et seq. (Colorado No-Call Law): https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-06.pdf
• C.R.S. § 6-1-101 et seq. (Colorado Consumer Protection Act): https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-06.pdf
• C.R.S. § 6-1-1301 et seq. (Colorado Privacy Act): https://leg.colorado.gov/bills/sb21-190
• Colorado AG Consumer Protection / File a Complaint: https://coag.gov/resources/consumer-protection/
• Colorado AG Telephone Solicitor Registration Search: https://coag.gov/resources/consumer-protection/telemarketing/
• 47 U.S.C. § 227 (Federal TCPA): https://www.fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts
• National Do-Not-Call Registry: https://www.donotcall.gov/
• Colorado No-Call Registry: https://coag.gov/resources/consumer-protection/no-call-list/
• Facebook, Inc. v. Duguid, 592 U.S. 395 (2021) (ATDS definition)
• Hall v. Walter, 969 P.2d 224 (Colo. 1998) (CCPA private right of action)
• U.S. District Court for the District of Colorado: https://www.cod.uscourts.gov/

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