TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER

STATE OF CONNECTICUT

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 Connecticut 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. CONNECTICUT-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. Connecticut Telemarketing Act

Connecticut has enacted comprehensive telemarketing regulations under the Connecticut Telemarketing Act, Conn. Gen. Stat. Section 42-288a et seq.

Key Provisions:

• Registration Required: Telemarketers must register with the Connecticut Department of Consumer Protection. Conn. Gen. Stat. Section 42-288c.
• Prohibited Hours: Telephone solicitations are prohibited before 9:00 a.m. and after 9:00 p.m. Conn. Gen. Stat. Section 42-288a(a)(2).
• Do-Not-Call Compliance: Connecticut maintains a state do-not-call registry. Solicitors must not call numbers on the registry. Conn. Gen. Stat. Section 42-288a(a)(1).
• Disclosure Requirements: Callers must immediately disclose their identity and purpose. Conn. Gen. Stat. Section 42-288a(a)(3).
• Caller ID Requirements: Caller identification must be transmitted. Conn. Gen. Stat. Section 42-288a(a)(4).

Penalties: Violations are subject to civil penalties and enforcement by the Department of Consumer Protection.

C. Connecticut Unfair Trade Practices Act (CUTPA)

The Connecticut Unfair Trade Practices Act ("CUTPA"), Conn. Gen. Stat. Section 42-110a et seq., is one of the broadest consumer protection statutes in the nation and provides significant remedies for telemarketing violations.

Private Right of Action: Conn. Gen. Stat. Section 42-110g provides consumers a private right of action.

Remedies Available:
- Actual damages. Conn. Gen. Stat. Section 42-110g(a)
- Punitive damages. Conn. Gen. Stat. Section 42-110g(a)
- Injunctive relief. Conn. Gen. Stat. Section 42-110g(a)
- Attorney's fees and costs. Conn. Gen. Stat. Section 42-110g(d)
- Court costs. Conn. Gen. Stat. Section 42-110g(d)

CUTPA Standard: CUTPA prohibits unfair or deceptive acts or practices. Courts apply the "cigarette rule" test: (1) whether the practice offends public policy; (2) whether it is immoral, unethical, oppressive, or unscrupulous; (3) whether it causes substantial injury to consumers. See Cheshire Mortgage Service, Inc. v. Montes, 223 Conn. 80 (1992).

Statute of Limitations: Three (3) years. Conn. Gen. Stat. Section 42-110g(f).

D. Connecticut Do-Not-Call Registry

Connecticut maintains its own state Do-Not-Call Registry administered by the Department of Consumer Protection. Telemarketers must honor both the National and Connecticut state registries.

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 Connecticut 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 under federal law)
[ ] Failure to provide required caller identification information
[ ] Failure to honor opt-out requests within 30 days

Connecticut Telemarketing Act Violations (Conn. Gen. Stat. Section 42-288a et seq.):

[ ] Calls to number on Connecticut Do-Not-Call Registry
[ ] Calls outside permitted hours under Connecticut law (before 9:00 a.m. or after 9:00 p.m.)
[ ] Telemarketer not registered with Connecticut DCP
[ ] Failure to make required disclosures
[ ] Failure to transmit caller identification

Connecticut CUTPA Violations (Conn. Gen. Stat. Section 42-110b):

[ ] Unfair trade practices through unwanted commercial solicitations
[ ] Deceptive practices in telemarketing communications
[ ] Conduct that violates public policy
[ ] Immoral, unethical, oppressive, or unscrupulous 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]) [ ] Connecticut DNC Registry (Date: [DATE]) [ ] Company-specific DNC request (Date: [DATE])
- Connecticut Resident: Yes

Defendant Information:
- Company Name: [DEFENDANT NAME]
- Type of Business: [DESCRIPTION]
- Connecticut Telemarketer Registration: [ ] Registered with DCP [ ] 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. Connecticut Telemarketing Act Analysis

Your company violated the Connecticut Telemarketing Act by [DESCRIBE VIOLATIONS - e.g., calling numbers on the Connecticut DNC Registry, calling outside permitted hours, failing to register with DCP].

Connecticut's calling hour restrictions are stricter than federal law, prohibiting calls before 9:00 a.m. rather than the federal 8:00 a.m. standard.

C. Connecticut CUTPA Analysis

Under Connecticut's broad CUTPA statute, your unwanted telemarketing conduct constitutes an unfair trade practice because:

1. Public Policy: Your conduct violates the public policy embodied in the TCPA and Connecticut Telemarketing Act.
2. Immoral/Unethical/Oppressive: Ignoring do-not-call requests and bombarding consumers with unwanted calls is oppressive and unscrupulous.
3. Substantial Injury: Your conduct caused our Client substantial injury through invasion of privacy, wasted time, and interference with quiet enjoyment of their telephone service.

See Lees v. Middlesex Ins. Co., 229 Conn. 842 (1994) (CUTPA analysis).

D. 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 Connecticut Do-Not-Call Registry since [DATE]. Your company had constructive notice of these registrations 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).

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 Connecticut 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. Connecticut CUTPA 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
• Connecticut telemarketer registration records
• Records showing purchase of Connecticut 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:

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

IX. CONCLUSION

Your company's repeated violations of the TCPA and Connecticut law have caused our Client significant annoyance, inconvenience, and invasion of privacy. Connecticut's CUTPA provides broad remedies for consumers harmed by unfair trade practices.

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]
Connecticut Bar No. [NUMBER]
[ADDRESS]
[CITY, CONNECTICUT 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
[ ] Connecticut DNC Registry confirmation
[ ] Authorization to represent

cc: [CONSUMER NAME]
[CLIENT FILE]

CONNECTICUT-SPECIFIC PRACTICE NOTES

[ ] Connecticut DNC Registry: Connecticut maintains a state registry separate from the National Registry. Verify registration on both.

[ ] Stricter Calling Hours: Connecticut prohibits calls before 9:00 a.m. (vs. federal 8:00 a.m.).

[ ] CUTPA Breadth: CUTPA is one of the broadest consumer protection statutes in the nation. Courts have been receptive to TCPA violations as CUTPA violations.

[ ] Attorney's Fees: Available under CUTPA (Conn. Gen. Stat. Section 42-110g(d)).

[ ] Punitive Damages: Available under CUTPA for egregious conduct.

[ ] Recording Consent: Connecticut is a one-party consent state for recording. Conn. Gen. Stat. Section 52-570d.

[ ] Venue: Connecticut Superior Court (Judicial District where plaintiff resides or defendant does business) or U.S. District Court for the District of Connecticut.

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

[ ] DCP Complaints: Consider filing a complaint with the Connecticut Department of Consumer Protection.

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