TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER

STATE OF DELAWARE

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 Delaware 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. DELAWARE-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. Delaware Telephone Solicitation Act

Delaware has enacted the Delaware Telephone Solicitation Act, 6 Del. C. Section 2501 et seq., which regulates telephone solicitations in the state.

Key Provisions:

• Delaware Do-Not-Call Registry: Delaware participates in the National Do-Not-Call Registry and requires compliance with it. 6 Del. C. Section 2504.
• Prohibited Hours: Telephone solicitations are prohibited before 8:00 a.m. and after 9:00 p.m. 6 Del. C. Section 2502(a).
• Disclosure Requirements: Callers must immediately disclose their identity, the identity of the seller, and the purpose of the call. 6 Del. C. Section 2502(b).
• Caller ID Requirements: Callers must transmit caller identification information. 6 Del. C. Section 2502(d).
• Honor Requests: Solicitors must honor requests not to be called again. 6 Del. C. Section 2503.

Penalties: The Attorney General may seek civil penalties up to $10,000 per violation. 6 Del. C. Section 2506.

C. Delaware Consumer Fraud Act

The Delaware Consumer Fraud Act, 6 Del. C. Section 2511 et seq., provides additional protection against deceptive telemarketing practices.

Private Right of Action: 6 Del. C. Section 2525 provides consumers a private right of action for violations.

Remedies Available:
- Actual damages or $100, whichever is greater. 6 Del. C. Section 2525(a)
- Treble damages for willful violations. 6 Del. C. Section 2525(a)
- Injunctive relief. 6 Del. C. Section 2522
- Reasonable attorney's fees and costs. 6 Del. C. Section 2525(a)

Statute of Limitations: Three (3) years.

D. Do-Not-Call Provisions

Delaware residents are protected by the National Do-Not-Call Registry. Delaware law requires telemarketers to comply with the National Registry and prohibits calls to registered numbers. 6 Del. C. Section 2504.

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

Delaware Telephone Solicitation Act Violations (6 Del. C. Section 2501 et seq.):

[ ] Calls to number on National DNC Registry in violation of 6 Del. C. Section 2504
[ ] Calls outside permitted hours under Delaware law
[ ] Failure to make required disclosures
[ ] Failure to transmit caller identification
[ ] Failure to honor do-not-call requests

Delaware Consumer Fraud Act Violations (6 Del. C. Section 2513):

[ ] Deceptive trade practices through unwanted commercial solicitations
[ ] Misrepresentations in telemarketing communications
[ ] Omission of material facts in solicitations

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])
- Delaware 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. Delaware Telephone Solicitation Act Analysis

Your company violated the Delaware Telephone Solicitation Act by [DESCRIBE VIOLATIONS - e.g., calling numbers on the National DNC Registry, calling outside permitted hours, failing to make required disclosures].

C. Delaware Consumer Fraud Act Analysis

Under the Delaware Consumer Fraud Act, your conduct constitutes consumer fraud because [DESCRIBE HOW CONDUCT VIOLATES THE ACT]. The Act provides for actual damages or $100 minimum, treble damages for willful violations, and attorney's fees.

D. 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 under both federal law (47 U.S.C. Section 227(c)) and Delaware law (6 Del. C. Section 2504).

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). Delaware Consumer Fraud Act likewise provides treble damages for willful violations.

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. Delaware 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
• 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]
• Delaware 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 Delaware court or the United States District Court for the District of Delaware without further notice.

IX. CONCLUSION

Your company's repeated violations of the TCPA and Delaware 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]
Delaware Bar No. [NUMBER]
[ADDRESS]
[CITY, DELAWARE 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]

DELAWARE-SPECIFIC PRACTICE NOTES

[ ] National Registry Compliance: Delaware requires compliance with the National Do-Not-Call Registry (6 Del. C. Section 2504).

[ ] Delaware Consumer Fraud Act: Provides $100 minimum damages and treble damages for willful violations.

[ ] Attorney's Fees: Available under Delaware Consumer Fraud Act (6 Del. C. Section 2525).

[ ] Recording Consent: Delaware is a one-party consent state. 11 Del. C. Section 2402.

[ ] Venue: Delaware Superior Court or Court of Common Pleas, or U.S. District Court for the District of Delaware.

[ ] Small Claims: For smaller claims, consider Delaware Justice of the Peace Court (up to $25,000).

[ ] Attorney General: Consider reporting violations to the Delaware Department of Justice, Consumer Protection Unit.

[ ] Corporate Defendants: Delaware is the state of incorporation for many companies; service and jurisdiction may be straightforward.

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