TCPA / Telemarketing Violation Demand Letter — Connecticut

TELEPHONE CONSUMER PROTECTION & CONNECTICUT DO-NOT-CALL DEMAND LETTER

State of Connecticut

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[__/__/____]

[DEFENDANT COMPANY NAME]
ATTN: Legal Department / Connecticut Registered Agent
[DEFENDANT ADDRESS]

Re: Statutory Demand — Federal TCPA and Connecticut Telemarketing Violations
Consumer: [________________________________]
Connecticut Telephone Number(s): [____]
Connecticut "No Sales Solicitation Calls" Registration Date: [__/__/____]
Documented Unauthorized Calls/Texts: [____]

Dear Sir or Madam:

This firm represents [CONSUMER FULL NAME] ("Consumer"), a resident of the State of Connecticut, in connection with violations of the federal Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA"), and Connecticut's telemarketing and Do-Not-Call statutes — chief among them Conn. Gen. Stat. § 42-288a, which carries one of the highest per-violation penalties in the country. Cease all further contact with our Client immediately and direct all future communications to this office.

I. CONNECTICUT TELEMARKETING LAW — SUBSTANTIALLY STRONGER THAN FEDERAL LAW

A. Conn. Gen. Stat. § 42-288a — The Connecticut Do-Not-Call Statute

Under Conn. Gen. Stat. § 42-288a, Connecticut operates a state "No Sales Solicitation Calls" listing, administered by the Connecticut Department of Consumer Protection (DCP). Unlike most states that rely exclusively on the federal National Do-Not-Call Registry, Connecticut maintains an independent registry and imposes substantially stricter prohibitions.

Key Connecticut prohibitions (Conn. Gen. Stat. § 42-288a(c)):

1. No calls to registered numbers. Telephonic sales calls are prohibited to any Connecticut number on the state "No Sales Solicitation Calls" listing, which mirrors the National DNC Registry.
2. Restricted calling hours. No telephonic sales calls before 9:00 a.m. or after 9:00 p.m. local time. (Note: stricter than federal 8:00 a.m.–9:00 p.m.)
3. Mandatory disclosure. Caller must promptly disclose (a) the caller's true name, (b) the name of the person or entity on whose behalf the call is made, and (c) the goods or services being offered.
4. Caller ID required. A caller shall transmit the telephone solicitor's name and telephone number — "spoofing" or blocking caller ID is prohibited.
5. Automatic dialing prohibition. Use of autodialers and prerecorded messages is tightly regulated under Conn. Gen. Stat. § 42-288a, with narrow exceptions.
6. Unsolicited commercial text messages are expressly prohibited (added by Public Act 14-53).

B. The $20,000 Per-Violation Penalty — Among the Highest in the Nation

Conn. Gen. Stat. § 42-288a(f) provides:

"Any person who is liable under the provisions of this section shall be fined not more than twenty thousand dollars for each violation."

Connecticut's per-violation cap was originally $11,000 and was increased to $20,000 per violation — making Connecticut's statutory cap one of the highest per-violation telemarketing penalties in the United States. This vastly exceeds federal TCPA statutory damages of $500 per call ($1,500 if willful).

Additionally, Conn. Gen. Stat. § 42-288a(g) expressly provides that any violation of § 42-288a is "deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b" — automatically triggering the full range of CUTPA remedies.

C. CUTPA — The Powerhouse Overlay (Conn. Gen. Stat. § 42-110a et seq.)

Because any Connecticut telemarketing violation is a per se CUTPA violation, Consumer has a private right of action under Conn. Gen. Stat. § 42-110g, which provides:

• Actual damages — even nominal damages suffice to satisfy "ascertainable loss" (Hinchliffe v. American Motors Corp., 184 Conn. 607 (1981))
• Punitive damages at the court's discretion (Conn. Gen. Stat. § 42-110g(a))
• Reasonable attorney's fees (Conn. Gen. Stat. § 42-110g(d))
• Court costs
• Injunctive relief and equitable remedies

CUTPA claims must be commenced within three (3) years from the date of the violation. Conn. Gen. Stat. § 42-110g(f).

D. Federal TCPA Claims — Conn. Gen. Stat. Doesn't Replace Them

In addition to Connecticut's stronger state-law remedies, Consumer retains all federal TCPA rights:

• Autodialer/prerecorded calls to cellular phones without prior express consent — 47 U.S.C. § 227(b)(1)(A)(iii)
• DNC violations — 47 U.S.C. § 227(c); 47 C.F.R. § 64.1200(c)
• Statutory damages: $500 per violation; $1,500 per willful or knowing violation — 47 U.S.C. § 227(b)(3), (c)(5)
• Four-year statute of limitations — 28 U.S.C. § 1658

Connecticut Superior Court and the U.S. District Court for the District of Connecticut both have jurisdiction over TCPA claims.

II. PARTIES AND FACTUAL BACKGROUND

A. Consumer

B. Defendant

III. CONNECTICUT AND FEDERAL VIOLATIONS

A. Conn. Gen. Stat. § 42-288a Violations

☐ Telephonic sales call placed to a number on the Connecticut "No Sales Solicitation Calls" listing
☐ Call placed before 9:00 a.m. or after 9:00 p.m. local time in Connecticut
☐ Failure to promptly identify caller, entity, and goods/services being solicited
☐ Failure to transmit true caller ID / use of spoofed caller ID
☐ Unsolicited commercial text message to Connecticut wireless number
☐ Use of automated/prerecorded message without required consent
☐ Failure to honor prior opt-out or internal DNC request
☐ Telemarketing without registration/bond filed with Connecticut DCP (Conn. Gen. Stat. § 42-285)

B. Federal TCPA Violations

☐ Autodialed/prerecorded call to cellular phone without prior express consent — 47 U.S.C. § 227(b)(1)(A)(iii)
☐ Prerecorded call to residential line without prior express written consent — 47 C.F.R. § 64.1200(a)(3)
☐ Telemarketing to number on National DNC Registry — 47 C.F.R. § 64.1200(c)(2)
☐ Failure to maintain internal DNC list — 47 C.F.R. § 64.1200(d)
☐ Call outside 8:00 a.m.–9:00 p.m. local time — 47 C.F.R. § 64.1200(c)(1)
☐ Failure to honor opt-out within required period

C. Per Se CUTPA Violations — Conn. Gen. Stat. § 42-110b

Each violation of § 42-288a is automatically an unfair/deceptive trade practice under CUTPA, subject to the "cigarette rule" test (Cheshire Mortgage Serv., Inc. v. Montes, 223 Conn. 80 (1992)). Defendant's conduct:

• Offends public policy embodied in both § 42-288a and the TCPA;
• Is immoral, unethical, oppressive, and unscrupulous;
• Causes substantial injury to Connecticut consumers.

IV. CALL/TEXT LOG

Documented Violations: [____]

V. CONSENT STATUS

☐ Consumer never provided any form of consent to Defendant.
☐ Consumer never provided prior express written consent for telemarketing calls/texts.
☐ Consumer revoked all consent on [__/__/____] via [____], yet Defendant continued calling.
☐ Consumer's number was reassigned to Consumer on [__/__/____]; Consumer has never provided consent.

VI. WILLFULNESS

Defendant's violations are willful and knowing because:

☐ Defendant continued calling after Consumer expressly requested removal and revocation of consent.
☐ Consumer's number has been on the Connecticut DCP "No Sales Solicitation Calls" listing since [__/__/____], providing Defendant constructive notice under § 42-288a.
☐ Consumer's number has been on the National DNC Registry since [__/__/____].
☐ Defendant is not registered with the Connecticut Department of Consumer Protection as required for telemarketers operating in Connecticut.
☐ Defendant has been the subject of prior TCPA actions or DCP enforcement.

VII. CONNECTICUT DAMAGES CALCULATION

A. Connecticut Statutory Penalties — Conn. Gen. Stat. § 42-288a(f)

B. Federal TCPA Statutory Damages — 47 U.S.C. § 227(b)(3) / (c)(5)

C. CUTPA Damages — Conn. Gen. Stat. § 42-110g

D. Combined Demand Summary

VIII. DEMAND FOR SETTLEMENT

Consumer demands $[____] in full settlement within thirty (30) days, together with:

1. Immediate and permanent removal of Consumer's telephone number(s) from all calling lists, lead databases, and campaigns held by Defendant and any third-party vendors Defendant uses;
2. Addition of Consumer's number(s) to Defendant's internal do-not-call list;
3. Written confirmation of compliance;
4. Preservation of all call records, dialer logs, consent records, and third-party vendor records.

IX. EVIDENCE PRESERVATION NOTICE

You are directed to preserve:

• All call and text records (CDRs, metadata) for Consumer's number(s)
• Any purported consent records
• Internal DNC lists and opt-out logs
• Dialer platform logs and campaign records
• Connecticut DCP telemarketer registration records
• National and Connecticut DNC scrubbing records
• Vendor/lead-source agreements and records
• TCPA/DNC training and compliance materials
• Prior complaints, lawsuits, and regulatory inquiries

X. RESPONSE DEADLINE

Respond in writing within thirty (30) days, including:

1. Identity of the dialing platform and any third-party call centers;
2. Source from which Defendant obtained Consumer's number;
3. Any consent records Defendant relies upon;
4. Defendant's settlement offer.

Failure to respond will result in filing in the Connecticut Superior Court (Judicial District where Consumer resides) or the U.S. District Court for the District of Connecticut, seeking the full statutory and CUTPA remedies, including punitive damages and attorney's fees.

XI. CONNECTICUT-SPECIFIC NOTES

• Independent State DNC Registry: Connecticut is one of only a handful of states maintaining its own DNC listing separate from the federal registry.
• $20,000 Per-Violation Cap: Connecticut's per-violation penalty is among the highest in the nation — significantly higher than federal TCPA damages.
• Automatic CUTPA Violation: § 42-288a(g) makes every telemarketing violation a per se CUTPA violation — no separate cigarette-rule showing is required for the CUTPA hook.
• Stricter Calling Hours: 9:00 a.m. (not 8:00 a.m.) is Connecticut's earliest permitted call time.
• Enforcement by DCP: The Connecticut Department of Consumer Protection — not the Attorney General alone — has primary administrative enforcement authority for telemarketing violations.
• One-Party Recording Consent: Connecticut is a one-party consent state for call recording under Conn. Gen. Stat. § 52-570d; Consumers may lawfully record incoming telemarketing calls they receive.
• Venue: Connecticut Superior Court is the principal forum; the U.S. District Court for the District of Connecticut is available for federal TCPA claims.

XII. RESERVATION OF RIGHTS

This letter is without prejudice to any additional claims or remedies. All rights are expressly reserved.

Respectfully submitted,

[LAW FIRM NAME]

By: _______________________________
[ATTORNEY NAME]
Juris No. [____] (Connecticut)
[ADDRESS]
[CITY], CONNECTICUT [ZIP]
Tel: [____]
Email: [____]

Attorneys for [CONSUMER NAME]

ENCLOSURES:
☐ Call/text log
☐ Phone bills / carrier records
☐ Screenshots of texts and voicemails (USB)
☐ Written revocation of consent (if any)
☐ National DNC Registry confirmation
☐ Connecticut "No Sales Solicitation Calls" listing confirmation

cc: Client; Connecticut Department of Consumer Protection (Complaint Unit)

SOURCES AND REFERENCES

• Conn. Gen. Stat. § 42-288a — Telephonic sales calls; No Sales Solicitation Calls listing: https://www.cga.ct.gov/current/pub/chap_743m.htm
• Conn. Gen. Stat. § 42-110a et seq. — Connecticut Unfair Trade Practices Act (CUTPA)
• Conn. Gen. Stat. § 42-110b — Unfair/deceptive trade practices prohibited
• Conn. Gen. Stat. § 42-110g — Private right of action; punitive damages; attorney's fees
• Conn. Gen. Stat. § 42-285 — Connecticut telemarketer registration chapter
• Conn. Gen. Stat. § 52-570d — One-party consent for telephone recording
• Public Act 14-53 — Prohibiting unsolicited commercial text messages; increasing penalties
• 47 U.S.C. § 227 — Telephone Consumer Protection Act
• 47 C.F.R. § 64.1200 — TCPA implementing regulations
• 28 U.S.C. § 1658 — Federal 4-year statute of limitations
• Hinchliffe v. American Motors Corp., 184 Conn. 607 (1981)
• Cheshire Mortgage Service, Inc. v. Montes, 223 Conn. 80 (1992)
• Connecticut Department of Consumer Protection: portal.ct.gov/DCP

This template is for informational purposes only and does not constitute legal advice. Laws change frequently; verify current requirements with a licensed Connecticut attorney.