TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER

STATE OF FLORIDA

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 and Florida Telephone Solicitation Act Violation Demand
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, and Florida's Mini-TCPA statute, the Florida Telephone Solicitation Act ("FTSA"), Fla. Stat. Section 501.059. Your company has placed unauthorized telephone calls and/or sent unauthorized text messages to our Client, entitling our Client to substantial statutory damages under both federal and Florida law.

Please direct all future communications regarding this matter to our office and immediately cease all telephone communications with our Client.

I. FLORIDA-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. Florida Telephone Solicitation Act (FTSA) - Florida's Mini-TCPA

CRITICAL: Florida has enacted one of the strongest state-level telephone consumer protection statutes in the nation. The Florida Telephone Solicitation Act ("FTSA"), Fla. Stat. Section 501.059, was significantly amended in 2021 and provides robust protection against unwanted calls and texts.

Key FTSA Provisions:

1. Telephonic Sales Calls (Fla. Stat. Section 501.059(8)):
- Prohibits telephonic sales calls using automated systems or prerecorded messages without prior express written consent
- Applies to calls made to Florida residents
- Provides private right of action with statutory damages

2. Text Message Protections (Fla. Stat. Section 501.059(8)(a)):
- CRITICAL: FTSA explicitly covers text messages
- Prohibits text message sales solicitations without prior express written consent
- Each unauthorized text message is a separate violation

3. Robocall and Autodialer Restrictions:
- Prohibits calls using automated systems to cell phones without consent
- Applies to both sales calls and non-sales solicitations
- Broader application than federal TCPA in some respects

4. Consent Requirements (Fla. Stat. Section 501.059(1)(g)):
- Prior express written consent must be in writing
- Must clearly authorize calls/texts
- Cannot be a condition of purchase
- Must include telephone number to be called

Statutory Damages Under FTSA:
- $500 per violation (standard)
- $1,500 per violation (willful or knowing)
- Fla. Stat. Section 501.059(10)(a)

Private Right of Action: Fla. Stat. Section 501.059(10) provides an explicit private right of action for consumers.

Statute of Limitations: Four (4) years. Fla. Stat. Section 95.11(3).

C. Florida Deceptive and Unfair Trade Practices Act (FDUTPA)

The Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. Section 501.201 et seq., provides additional remedies.

Private Right of Action: Fla. Stat. Section 501.211 provides a private right of action.

Remedies:
- Actual damages. Fla. Stat. Section 501.211(2)
- Declaratory and injunctive relief. Fla. Stat. Section 501.211(1)
- Attorney's fees and costs. Fla. Stat. Section 501.2105

D. Florida Do-Not-Call Provisions

Florida participates in the National Do-Not-Call Registry. Additionally, the FTSA requires compliance with do-not-call provisions and imposes penalties for violations.

II. SUMMARY OF VIOLATIONS

Our Client's claims are based on the following categories of violations:

Federal TCPA Violations (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

Florida FTSA Violations (Fla. Stat. Section 501.059):

[ ] Telephonic sales calls using automated system without prior express written consent
[ ] Telephonic sales calls using prerecorded messages without prior express written consent
[ ] Text message solicitations without prior express written consent
[ ] Calls/texts made after consent was revoked
[ ] Calls to numbers on the National Do-Not-Call Registry
[ ] Failure to honor opt-out requests

Do-Not-Call Violations (47 U.S.C. Section 227(c); Fla. Stat. Section 501.059):

[ ] 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

Florida FDUTPA Violations (Fla. Stat. Section 501.204):

[ ] Unfair trade practices through unwanted commercial solicitations
[ ] Deceptive practices in telemarketing communications

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])
- Florida Resident: Yes (FTSA applies to calls/texts to Florida residents)

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 (required under both federal TCPA and Florida FTSA)

[ ] 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 - Federal TCPA

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. Florida Telephone Solicitation Act (FTSA) Analysis

The FTSA provides independent state-law claims that may exceed federal TCPA protections:

1. Telephonic Sales Calls: Under Fla. Stat. Section 501.059(8)(a), your company is prohibited from making telephonic sales calls using an automated system or prerecorded message without the called party's prior express written consent.

2. Text Messages: The FTSA explicitly covers text messages sent for commercial solicitation purposes. Each unauthorized text message constitutes a separate violation.

3. Broader Application: The FTSA may apply to certain calls that fall outside the federal TCPA's scope, providing additional protection for Florida consumers.

4. Consent Standard: The FTSA requires prior express written consent for sales calls using automated systems, mirroring the federal TCPA's telemarketing consent standard.

See generally Palm Beach Golf Ctr.-Boca, Inc. v. John G. Sarris, D.D.S., P.A., 311 So. 3d 45 (Fla. 4th DCA 2021) (discussing FTSA amendments).

C. Text Message Violations

CRITICAL: Under the 2021 FTSA amendments, each unsolicited commercial text message sent to a Florida consumer without prior express written consent is a violation subject to $500-$1,500 in statutory damages. This provides significant protection against text message spam.

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 Florida law.

E. Willful and Knowing Violations

Both the TCPA and FTSA provide for treble damages ($1,500 per violation) where the defendant "willfully or knowingly" violated the statute.

Your violations were willful and knowing because:

[ ] You continued calling/texting after our Client explicitly revoked consent
[ ] You continued calling/texting after our Client requested placement on your do-not-call list
[ ] You have been the subject of prior TCPA/FTSA 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. Florida FTSA Damages Under Fla. Stat. Section 501.059(10)

C. Florida FDUTPA Damages

D. Combined Damages Summary

Note: Florida's FTSA provides parallel state-law damages that can be pursued alongside or instead of federal TCPA claims, potentially doubling exposure for violations affecting Florida consumers.

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 and FTSA compliance
• Records of any prior TCPA or FTSA complaints, lawsuits, or regulatory inquiries

Failure to preserve this evidence may result in sanctions and adverse inference instructions under Florida law.

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]
• Florida FTSA statutory/treble 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 Florida state court or the United States District Court for the Northern, Middle, or Southern District of Florida without further notice.

IX. CLASS ACTION AND AGGREGATE LITIGATION

We are investigating whether your calling practices have affected other Florida consumers similarly situated to our Client. Florida's FTSA explicitly provides for class action relief. The combination of federal TCPA and Florida FTSA claims creates significant exposure for companies that engage in unlawful telemarketing to Florida residents.

X. CONCLUSION

Your company's repeated violations of the TCPA and Florida FTSA have caused our Client significant annoyance, inconvenience, and invasion of privacy. Florida has enacted one of the strongest state-level telephone privacy statutes in the nation, and companies that violate these laws face substantial liability.

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]
Florida Bar No. [NUMBER]
[ADDRESS]
[CITY, FLORIDA 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]

FLORIDA-SPECIFIC PRACTICE NOTES

[ ] Florida FTSA - Strong Mini-TCPA: Florida's FTSA (Fla. Stat. Section 501.059) is one of the strongest state mini-TCPA statutes in the nation. The 2021 amendments significantly strengthened protections.

[ ] Text Message Coverage: FTSA explicitly covers text messages - each unauthorized text is a $500-$1,500 violation.

[ ] Parallel Claims: FTSA claims can be brought alongside federal TCPA claims, potentially doubling damages exposure.

[ ] Prior Express Written Consent: FTSA requires prior express written consent for sales calls using automated systems.

[ ] Recording Consent: Florida is a two-party consent state for recording. Fla. Stat. Section 934.03. Consider wiretapping claims if applicable.

[ ] Venue: Florida Circuit Court or U.S. District Court for the Northern, Middle, or Southern District of Florida.

[ ] Attorney's Fees: Available under FDUTPA (Fla. Stat. Section 501.2105).

[ ] Class Actions: FTSA provides for class action relief. Consider class treatment for widespread violations.

[ ] Small Claims: For smaller claims, consider Florida Small Claims Court (up to $8,000).

[ ] AG Referral: Consider reporting violations to the Florida Office of the Attorney General, Consumer Protection Division.

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