TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER

STATE OF COLORADO

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 Colorado 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. COLORADO-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. Colorado No-Call List Act

Colorado has enacted the Colorado No-Call List Act, C.R.S. Section 6-1-901 et seq., which establishes a state-level do-not-call registry and regulates telephone solicitations.

Key Provisions:

• Colorado No-Call Registry: Colorado maintains its own state no-call list administered by the Colorado Attorney General. C.R.S. Section 6-1-903.
• Registration Requirement: Telephone solicitors must register with the Colorado Attorney General. C.R.S. Section 6-1-903.5.
• Prohibited Calls: Solicitors are prohibited from calling numbers on the Colorado no-call list. C.R.S. Section 6-1-903(2).
• Prohibited Hours: Telephone solicitations are prohibited before 8:00 a.m. and after 9:00 p.m. C.R.S. Section 6-1-903(1)(a).
• Caller ID Requirements: Solicitors must transmit accurate caller identification. C.R.S. Section 6-1-903(1)(b).

Penalties: The Attorney General may seek injunctive relief and civil penalties up to $2,000 per violation. C.R.S. Section 6-1-905.

C. Colorado Consumer Protection Act

The Colorado Consumer Protection Act ("CCPA"), C.R.S. Section 6-1-101 et seq., provides additional protection against deceptive telemarketing practices.

Private Right of Action: C.R.S. Section 6-1-113 provides consumers a private right of action for violations.

Remedies Available:
- Actual damages. C.R.S. Section 6-1-113(2)(a)
- Treble damages for willful and wanton violations. C.R.S. Section 6-1-113(2)(a)
- Attorney's fees and costs. C.R.S. Section 6-1-113(2)(b)
- Injunctive relief. C.R.S. Section 6-1-110

Statute of Limitations: Three (3) years. C.R.S. Section 6-1-115.

D. Colorado Do-Not-Call Provisions

Colorado residents have dual protection under both the National Do-Not-Call Registry and the Colorado No-Call List. Telemarketers must honor both registries.

Colorado No-Call List Requirements:
- Solicitors must purchase the Colorado no-call list
- Numbers on the list must be honored
- Violations are subject to civil penalties and private actions under the CCPA

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 Colorado No-Call List
[ ] 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

Colorado No-Call List Act Violations (C.R.S. Section 6-1-901 et seq.):

[ ] Calls to number on Colorado No-Call List
[ ] Solicitor not registered with Colorado Attorney General
[ ] Failure to transmit accurate caller identification
[ ] Calls outside permitted hours under Colorado law

Colorado Consumer Protection Act Violations (C.R.S. Section 6-1-105):

[ ] Deceptive trade practices through unwanted commercial solicitations
[ ] Misrepresentations in telemarketing communications
[ ] Unconscionable conduct

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]) [ ] Colorado No-Call List (Date: [DATE]) [ ] Company-specific DNC request (Date: [DATE])
- Colorado Resident: Yes

Defendant Information:
- Company Name: [DEFENDANT NAME]
- Type of Business: [DESCRIPTION]
- Colorado 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. Colorado No-Call List Act Analysis

Your company violated the Colorado No-Call List Act by placing telephone solicitation calls to our Client's number, which is registered on the Colorado No-Call List. C.R.S. Section 6-1-903(2) prohibits telephone solicitations to numbers on the Colorado no-call list.

Additionally, if your company is not registered as a telephone solicitor with the Colorado Attorney General, this constitutes a separate violation under C.R.S. Section 6-1-903.5.

C. Colorado Consumer Protection Act Analysis

Under the Colorado Consumer Protection Act, your conduct constitutes a deceptive trade practice because [DESCRIBE HOW CONDUCT VIOLATES CCPA]. The CCPA provides for actual damages, treble damages for willful and wanton violations, and attorney's fees.

See Hall v. Walter, 969 P.2d 224 (Colo. 1998) (discussing private right of action under CCPA).

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. 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 Colorado CPA likewise provides treble damages for willful and wanton conduct.

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 Colorado 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. Colorado 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
• Colorado telephone solicitor registration records
• Records showing purchase of Colorado No-Call 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:

• Federal TCPA statutory/treble damages: $[AMOUNT]
• Colorado 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 Colorado state court or the United States District Court for the District of Colorado without further notice.

IX. CONCLUSION

Your company's repeated violations of the TCPA and Colorado 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]
Colorado Bar No. [NUMBER]
[ADDRESS]
[CITY, COLORADO 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
[ ] Colorado No-Call List confirmation
[ ] Authorization to represent

cc: [CONSUMER NAME]
[CLIENT FILE]

COLORADO-SPECIFIC PRACTICE NOTES

[ ] Colorado No-Call List: Colorado maintains its own state do-not-call registry in addition to the National Registry. Verify client's registration on both.

[ ] Solicitor Registration: Check whether defendant is registered as a telephone solicitor with the Colorado Attorney General.

[ ] Colorado CPA: Three-year statute of limitations; provides treble damages for willful and wanton conduct.

[ ] Attorney's Fees: Available under Colorado CPA (C.R.S. Section 6-1-113).

[ ] Recording Consent: Colorado is a one-party consent state for recording telephone calls. C.R.S. Section 18-9-303.

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

[ ] Class Actions: Colorado Rule of Civil Procedure 23 governs class actions. Consider whether class treatment is appropriate.

[ ] Small Claims: For smaller individual claims, consider Colorado County Court Small Claims Division (up to $7,500).

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

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