TCPA Violation Demand Letter — Delaware

TCPA / TELEPHONE SOLICITATION VIOLATION DEMAND LETTER

Federal TCPA (47 U.S.C. § 227) and Delaware Consumer Fraud Act (6 Del. C. § 2511 et seq.)

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

Date: [__/__/____]

To:
[________________________________]
ATTN: Legal Department / Registered Agent
[________________________________]
[________________________________]

Re: Demand for Damages — Unauthorized Telephone Communications
Federal TCPA and Delaware Consumer Fraud Act Violations
Consumer: [________________________________]
Telephone Number(s): [________________________________]
Approximate Violations: [____]

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer"), a Delaware resident, in connection with your company's systematic violations of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, and the Delaware Consumer Fraud Act ("DCFA"), 6 Del. C. §§ 2511–2527. Your company has directed unauthorized telephone calls and/or text messages to Consumer's telephone number(s) without consent, in violation of both federal and Delaware state law.

Cease all further telephone and text communications with Consumer immediately. Direct all future correspondence regarding this matter to the undersigned.

I. LEGAL FRAMEWORK — FEDERAL AND DELAWARE STATE LAW

A. Federal Telephone Consumer Protection Act — 47 U.S.C. § 227

The TCPA prohibits:

1. Autodialed or prerecorded calls/texts to cell phones without prior express consent. 47 U.S.C. § 227(b)(1)(A)(iii). Following the Supreme Court's decision in Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), an ATDS is equipment that uses a random or sequential number generator either to store or produce telephone numbers to be called.

2. Telemarketing calls to numbers on the National Do-Not-Call Registry without prior express invitation or permission. 47 U.S.C. § 227(c); 47 C.F.R. § 64.1200(c).

3. Prerecorded telemarketing calls to residential lines without prior express written consent. 47 U.S.C. § 227(b)(1)(B).

Statutory damages: $500 per violation; trebled to $1,500 per violation for willful or knowing conduct. 47 U.S.C. § 227(b)(3).

Statute of limitations: Four (4) years under 28 U.S.C. § 1658(a).

B. Delaware Consumer Fraud Act — 6 Del. C. §§ 2511–2527

The DCFA prohibits the "act, use, or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice, or the concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression, or omission, in connection with the sale, lease, receipt or advertisement of any merchandise." 6 Del. C. § 2513(a).

Key DCFA provisions relevant to unsolicited telephone communications:

1. Private right of action — 6 Del. C. § 2525 provides that any victim of a DCFA violation may bring suit "in any court of competent jurisdiction in this State" without prior Attorney General action.

2. Treble damages — Under § 2525(a), damages awarded to the aggrieved party "shall be treble the amount of the actual damages proved."

3. Attorney's fees — The court "in exceptional cases may award reasonable attorneys' fees to the prevailing party." Fees may be assessed against a defendant when the court finds the defendant "willfully engaged in a deceptive trade practice." 6 Del. C. § 2525(b).

4. $100 minimum — Where actual damages are less than $100, the consumer may recover $100 as a minimum statutory recovery.

5. Statute of limitations — Three (3) years for DCFA claims.

C. Delaware Telemarketing Registration and Fraud Prevention Act — 6 Del. C. Ch. 25A

Delaware's Telemarketing Act imposes additional obligations on companies conducting telephone solicitations to Delaware residents:

1. Mandatory registration — No seller or telemarketing business may transact business with any Delaware customer through telemarketing without first filing a registration statement with the Director of the Consumer Protection Unit (CPU) of the Delaware Department of Justice. 6 Del. C. § 25A-103.

2. $50,000 surety bond — Every registrant must file a corporate surety bond in the principal sum of $50,000 with the CPU, conditioned on compliance with the Act. 6 Del. C. § 25A-104.

3. Prohibited practices — The Act prohibits, among other things: misrepresentations regarding goods or services, failure to disclose material terms, and calling consumers who have requested not to be called. 6 Del. C. § 25A-107.

4. Civil penalties — The Attorney General may seek civil penalties of up to $10,000 per violation. 6 Del. C. § 25A-109.

D. Do-Not-Call Provisions — Delaware Does NOT Maintain a Separate State Registry

Delaware does not operate its own state do-not-call registry. Instead, Delaware law requires compliance with the National Do-Not-Call Registry maintained by the Federal Trade Commission. Delaware consumers who register with the National DNC Registry are protected under both federal law (47 C.F.R. § 64.1200(c)) and Delaware law.

This is an important distinction: unlike states with separate registries (which impose additional registration fees and compliance obligations on telemarketers), Delaware relies entirely on the federal framework for DNC enforcement, supplemented by the DCFA's private right of action.

E. Delaware Is a One-Party Consent State — 11 Del. C. § 2402

Delaware follows one-party consent for telephone recordings. A party to a conversation may record it without the other party's knowledge or consent. 11 Del. C. § 2402(c)(4). This means Consumer may have lawfully recorded the unauthorized calls at issue.

II. CATEGORIES OF VIOLATIONS

Federal TCPA Violations — 47 U.S.C. § 227

☐ Autodialed calls to Consumer's cellular telephone without prior express consent — § 227(b)(1)(A)(iii)
☐ Prerecorded or artificial voice calls to Consumer's cellular telephone without consent — § 227(b)(1)(A)(iii)
☐ Autodialed text messages to Consumer's cellular telephone without consent — § 227(b)(1)(A)(iii)
☐ Telemarketing calls to Consumer's number registered on the National DNC Registry — § 227(c)
☐ Calls or texts after Consumer expressly revoked consent — § 227(b)(1)(A)
☐ Prerecorded telemarketing calls to Consumer's residential line without written consent — § 227(b)(1)(B)
☐ Failure to provide opt-out mechanism during prerecorded calls — 47 C.F.R. § 64.1200(b)(3)
☐ Failure to honor opt-out requests within 30 days — 47 C.F.R. § 64.1200(d)(3)
☐ Calls outside permitted hours (before 8:00 a.m. or after 9:00 p.m. local time) — 47 C.F.R. § 64.1200(c)(1)

Delaware Consumer Fraud Act Violations — 6 Del. C. § 2513

☐ Deceptive trade practices through unwanted commercial solicitations
☐ Misrepresentations during telemarketing communications
☐ Omission of material facts in telephone solicitations
☐ Unfair practices causing Consumer harm and invasion of privacy

Delaware Telemarketing Act Violations — 6 Del. C. Ch. 25A

☐ Solicitation without filing registration statement with CPU — § 25A-103
☐ Failure to maintain required $50,000 surety bond — § 25A-104
☐ Prohibited telemarketing practices — § 25A-107
☐ Failure to honor do-not-call requests

III. STATEMENT OF FACTS

A. Consumer Information

B. Defendant Information

C. Consent Status

Consumer's consent position:

☐ No consent ever given — Consumer never provided any form of consent to receive calls or texts from your company or any affiliated entity.

☐ No express written consent for telemarketing — Even if arguable prior consent existed for transactional purposes, Consumer never provided the "prior express written consent" required for telemarketing calls under 47 C.F.R. § 64.1200(a)(2).

☐ Consent revoked — Consumer expressly revoked any prior consent on [__/__/____] by: [________________________________]. Under the TCPA, consent may be revoked through any reasonable means.

☐ Reassigned number — The telephone number was assigned to Consumer on approximately [__/__/____]. Consumer never consented to receive communications intended for the prior subscriber.

D. Call / Text Log

(Attach detailed log as exhibit if more than 10 communications.)

Total documented violations: [____]
Estimated additional violations (undocumented): [____]

E. Indicia of Autodialer Use

The following characteristics indicate use of an automatic telephone dialing system or prerecorded technology:

☐ Prerecorded or synthetic voice message (no live agent)
☐ Perceptible pause / "dead air" before connection to agent
☐ Substantially identical message content across multiple calls
☐ Generic, non-personalized messaging
☐ High call volume inconsistent with manual dialing capability
☐ Calls/texts arriving at automated, regular intervals
☐ Company website or marketing materials referencing automated outreach technology
☐ Caller ID displays "spoofed" or rotating numbers
☐ Interactive voice response (IVR) menu before live agent connection
☐ Other: [________________________________]

IV. EVIDENCE OF WILLFUL AND KNOWING VIOLATIONS

The TCPA provides treble damages ($1,500/violation) for willful or knowing conduct. 47 U.S.C. § 227(b)(3)(C). The DCFA likewise provides treble actual damages for willful violations. 6 Del. C. § 2525(a).

Your violations were willful and knowing because:

☐ Calls continued after Consumer explicitly requested they stop
☐ Calls continued after Consumer's number was placed on your internal DNC list
☐ Consumer's number has been on the National DNC Registry since [__/__/____], providing constructive notice
☐ Your company has been the subject of prior TCPA complaints, FCC actions, or lawsuits
☐ Your company failed to register with the Delaware CPU as required
☐ Calls continued after this firm sent a cease-and-desist letter on [__/__/____]
☐ Other evidence of willfulness: [________________________________]

V. DAMAGES CALCULATION

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

B. Delaware Consumer Fraud Act Damages — 6 Del. C. § 2525

C. Combined Damages Summary

VI. EVIDENCE PRESERVATION DEMAND

You are directed to immediately preserve all documents, data, and electronically stored information relating to Consumer and your calling practices, including:

• All call records, metadata, and dialer logs for Consumer's telephone number(s)
• All text message records, content, and delivery confirmations
• Consent records (including any purported written consent forms, web forms, or recordings)
• Internal and National DNC lists, opt-out records, and suppression files
• Dialer platform data, campaign settings, and calling scripts
• Agreements with third-party calling vendors, lead generators, or list brokers
• Training materials and TCPA compliance policies
• Records of prior TCPA complaints, lawsuits, FCC/FTC enforcement, or state AG inquiries
• Delaware CPU registration documents and surety bond records
• All communications regarding this dispute

Failure to preserve this evidence may result in spoliation sanctions, adverse inference instructions, and/or separate claims for intentional destruction of evidence.

VII. SETTLEMENT DEMAND

To resolve this matter without litigation, we demand:

A. Monetary Compensation

Payment of $[________________________________] within thirty (30) days of the date of this letter, representing:

B. Non-Monetary Relief

1. Permanent removal of Consumer's telephone number(s) from all calling lists, databases, lead lists, and marketing campaigns, company-wide.
2. Placement of Consumer on your company's permanent internal do-not-call list.
3. Written confirmation that the above actions have been completed, delivered to the undersigned within 10 business days.

VIII. RESPONSE REQUIRED

Respond in writing within thirty (30) days of the date of this letter. Your response should include:

1. The identity of your dialing platform or calling service provider;
2. The source of Consumer's telephone number (lead broker, web form, purchased list, etc.);
3. Any consent records you believe you possess;
4. Your settlement offer or position.

If we do not receive a satisfactory response, we are authorized to file suit in:

☐ Delaware Superior Court — for state law claims under the DCFA
☐ Delaware Justice of the Peace Court — for claims up to $25,000 (Delaware's JP Court threshold is among the highest in the nation, accommodating substantial TCPA per-call damages)
☐ U.S. District Court for the District of Delaware (Wilmington) — for federal TCPA claims
☐ We will also report your conduct to the Delaware Attorney General — Consumer Protection Unit (Wilmington) and the Federal Communications Commission

IX. RESERVATION OF RIGHTS

This letter is written without prejudice to all rights and remedies available to Consumer under 47 U.S.C. § 227, 6 Del. C. §§ 2511–2527, 6 Del. C. Ch. 25A, and any other applicable federal or state law. All rights are expressly reserved. Neither this demand nor any subsequent negotiation shall constitute a waiver of any claim, defense, or right.

Respectfully submitted,

[________________________________]

By: _________________________________
[________________________________], Esquire
Delaware Bar No. [____]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Attorneys for [________________________________]

ENCLOSURES:
☐ Call/text log with dates, times, and content
☐ Telephone billing statements / carrier records
☐ Screenshots of text messages
☐ Voicemail recordings (USB drive)
☐ Written revocation of consent (if applicable)
☐ National DNC Registry confirmation
☐ Prior cease-and-desist correspondence
☐ Authorization to represent

cc: Consumer — [________________________________]
Client File

DELAWARE-SPECIFIC NOTES

1. Delaware Does NOT Have a Separate State DNC Registry. Unlike states such as Indiana, Pennsylvania, or Texas that maintain their own do-not-call lists, Delaware relies exclusively on the National Do-Not-Call Registry. This simplifies analysis — if Consumer is registered with the National DNC and the caller lacks an established business relationship or express permission, both federal and state law apply.

2. Delaware Consumer Fraud Act Provides Powerful Private Remedies. The DCFA (6 Del. C. § 2525) grants an independent private right of action with treble damages and — in exceptional cases of willful conduct — attorney's fees. This is a meaningful supplement to federal TCPA damages, particularly where actual damages can be demonstrated (e.g., wasted time, phone plan charges, emotional distress from harassing calls).

3. Telemarketing Registration and $50,000 Bond Requirement. Delaware requires telemarketers to register with the Consumer Protection Unit and post a $50,000 surety bond before conducting business with Delaware customers. 6 Del. C. § 25A-103 and § 25A-104. A defendant's failure to register is an additional violation that may be cited as evidence of willful disregard for legal obligations.

4. One-Party Consent for Recordings. Delaware is a one-party consent state (11 Del. C. § 2402), meaning Consumer may have lawfully recorded any or all of the unauthorized calls without notifying the caller. Such recordings are admissible evidence in Delaware courts.

5. Corporate Defendants — Delaware Incorporation Advantage. Because the majority of U.S. corporations are incorporated in Delaware, personal jurisdiction and service of process on corporate defendants is frequently straightforward. The Delaware Secretary of State maintains registered agent information for all Delaware-incorporated entities, and service upon the registered agent constitutes valid service. 8 Del. C. § 321.

6. Delaware Justice of the Peace Court — $25,000 Threshold. For TCPA claims involving a moderate number of violations (up to approximately 16 calls at treble damages), the JP Court provides an efficient forum with lower filing costs and faster resolution than Superior Court. The $25,000 jurisdictional limit is among the highest small-claims thresholds nationally.

7. Venue Options for Delaware Consumers. Delaware consumers have three primary venue choices: (a) Justice of the Peace Court (up to $25,000); (b) Delaware Superior Court (unlimited state claims); and (c) U.S. District Court for the District of Delaware in Wilmington (federal TCPA claims). The single federal district in Delaware means all federal filings go through Wilmington.

8. AG Enforcement Through the Consumer Protection Unit. The Delaware Department of Justice Consumer Protection Unit, located in Wilmington, actively investigates telemarketing fraud complaints. Reporting violations to the CPU may trigger an investigation and civil penalty proceedings (up to $10,000 per violation under 6 Del. C. § 25A-109), creating additional pressure on the defendant to settle.

Sources and References

• 47 U.S.C. § 227 — Telephone Consumer Protection Act
• 47 C.F.R. § 64.1200 — TCPA Implementing Regulations
• 6 Del. C. §§ 2511–2527 — Delaware Consumer Fraud Act: https://delcode.delaware.gov/title6/c025/sc02/
• 6 Del. C. Ch. 25A — Delaware Telemarketing Registration and Fraud Prevention Act: https://delcode.delaware.gov/title6/c025a/index.html
• 6 Del. C. § 2525 — Private Cause of Action; Treble Damages: https://law.justia.com/codes/delaware/title-6/chapter-25/subchapter-ii/section-2525/
• 11 Del. C. § 2402 — Wiretapping and Electronic Surveillance (One-Party Consent)
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021)
• Delaware Department of Justice — Consumer Protection Unit: https://attorneygeneral.delaware.gov/fraud/cpu/
• National Do-Not-Call Registry: https://www.donotcall.gov/

This template is for informational purposes only and does not constitute legal advice. Telemarketing and privacy laws are subject to change. Verify all citations and current requirements with a licensed Delaware attorney before use.