TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER

DISTRICT OF COLUMBIA

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 District of Columbia 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. DISTRICT OF COLUMBIA-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. D.C. Consumer Protection Procedures Act (CPPA)

The District of Columbia Consumer Protection Procedures Act ("CPPA"), D.C. Code Section 28-3901 et seq., is one of the strongest consumer protection statutes in the nation and provides robust remedies for telemarketing violations.

Private Right of Action: D.C. Code Section 28-3905 provides consumers a broad private right of action.

Unlawful Trade Practices: D.C. Code Section 28-3904 prohibits unfair and deceptive trade practices, including:
- Misrepresentations of material facts
- Deceptive conduct
- Practices that violate District or federal law

Remedies Available:
- Treble damages or $1,500 per violation, whichever is greater. D.C. Code Section 28-3905(k)(2)(A)
- Punitive damages. D.C. Code Section 28-3905(k)(2)(B)
- Reasonable attorney's fees. D.C. Code Section 28-3905(k)(2)(C)
- Injunctive relief. D.C. Code Section 28-3905(k)(1)

Statute of Limitations: Three (3) years. D.C. Code Section 28-3905(i).

C. D.C. Telephone Solicitation Regulations

The District of Columbia regulates telephone solicitations through:

• D.C. Code Section 22-3226.01 et seq. - Telephone Solicitation Fraud Prevention
• D.C. Municipal Regulations Title 16, Chapter 32 - Consumer Protection regulations

Key Requirements:
- Disclosure of identity and purpose of call
- Compliance with National Do-Not-Call Registry
- Prohibited hours compliance
- Record-keeping requirements

D. Do-Not-Call Provisions

District of Columbia residents are protected by the National Do-Not-Call Registry. D.C. requires compliance with federal do-not-call provisions and may impose additional penalties for violations under the CPPA.

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

D.C. CPPA Violations (D.C. Code Section 28-3904):

[ ] Unfair trade practices through unwanted commercial solicitations
[ ] Deceptive practices in telemarketing communications
[ ] Violations of federal law (TCPA) constituting per se CPPA violations
[ ] Conduct that creates a likelihood of confusion or misunderstanding

D.C. Telephone Solicitation Violations:

[ ] Failure to make required disclosures
[ ] Fraudulent telemarketing practices
[ ] Failure to comply with do-not-call requirements

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])
- District of Columbia Resident: Yes

Defendant Information:
- Company Name: [DEFENDANT NAME]
- Type of Business: [DESCRIPTION]
- 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. D.C. CPPA Analysis

The D.C. Consumer Protection Procedures Act provides powerful remedies for TCPA violations. Under D.C. Code Section 28-3904, your conduct constitutes an unlawful trade practice because:

1. Per Se Violation: Violations of federal law (the TCPA) constitute per se violations of the CPPA.
2. Deceptive Practice: Unwanted telemarketing calls involve deceptive practices.
3. Unfair Practice: Your conduct is unfair because it violates the reasonable expectations of consumers who have registered on the DNC Registry.

The D.C. CPPA provides for $1,500 per violation or treble damages, whichever is greater, plus attorney's fees. See Grayson v. AT&T Corp., 15 A.3d 219 (D.C. 2011) (interpreting CPPA damages).

C. National Do-Not-Call Registry Violations

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.

D. 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 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. D.C. CPPA Damages Under D.C. Code Section 28-3905(k)(2)

C. Combined Damages Summary

Note: The D.C. CPPA's $1,500 minimum per violation can result in substantial damages exposure, potentially exceeding federal TCPA damages.

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
• 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]
• D.C. CPPA 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 Superior Court of the District of Columbia or the United States District Court for the District of Columbia without further notice.

IX. CONCLUSION

Your company's repeated violations of the TCPA and D.C. law have caused our Client significant annoyance, inconvenience, and invasion of privacy. The D.C. Consumer Protection Procedures Act provides some of the strongest consumer remedies in the nation.

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]
D.C. Bar No. [NUMBER]
[ADDRESS]
[CITY, DC 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]

DISTRICT OF COLUMBIA-SPECIFIC PRACTICE NOTES

[ ] D.C. CPPA: One of the strongest consumer protection statutes in the nation. Provides $1,500 per violation or treble damages, whichever is greater.

[ ] Attorney's Fees: Mandatory under D.C. CPPA for prevailing plaintiffs.

[ ] Punitive Damages: Available under D.C. CPPA.

[ ] Federal Law Violation = Per Se CPPA Violation: TCPA violations can constitute automatic CPPA violations.

[ ] Recording Consent: D.C. is a one-party consent jurisdiction for recording. D.C. Code Section 23-542.

[ ] Venue: D.C. Superior Court (Civil Division) or U.S. District Court for the District of Columbia.

[ ] Small Claims: For smaller claims, consider D.C. Superior Court Small Claims Branch (up to $10,000).

[ ] OAG Referral: Consider reporting violations to the D.C. Office of the Attorney General, Office of Consumer Protection.

[ ] Class Actions: D.C. Superior Court Rule 23 governs class actions. Consider class treatment.

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