TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER

STATE OF HAWAII

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 Hawaii 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. HAWAII-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. Hawaii Unfair and Deceptive Practices Act (UDAP)

In addition to federal TCPA claims, our Client may pursue claims under the Hawaii Unfair and Deceptive Practices Act, Haw. Rev. Stat. Section 480-2.

Hawaii's UDAP broadly prohibits unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce. Unwanted commercial telemarketing calls and text messages may constitute unfair or deceptive practices under Hawaii law.

Private Right of Action: Haw. Rev. Stat. Section 480-13 provides consumers a private right of action for violations of the UDAP.

Remedies Available:
- Actual damages or $1,000 per violation, whichever is greater. Haw. Rev. Stat. Section 480-13(b)(1)
- Treble damages. Haw. Rev. Stat. Section 480-13(b)(1)
- Reasonable attorney's fees and costs. Haw. Rev. Stat. Section 480-13(b)(1)
- Injunctive relief. Haw. Rev. Stat. Section 480-13(a)

Statute of Limitations: Four (4) years. Haw. Rev. Stat. Section 480-24.

C. Hawaii Telephone Solicitation Law

Hawaii has enacted the Telephone Solicitation Law, Haw. Rev. Stat. Chapter 481P, which regulates telemarketing activities within the state.

Key Provisions:
- Establishes the Hawaii No-Call List. Haw. Rev. Stat. Section 481P-2
- Telemarketers must check the state no-call list. Haw. Rev. Stat. Section 481P-3
- Prohibits calls to numbers on the Hawaii No-Call List. Haw. Rev. Stat. Section 481P-4
- Violations are subject to civil penalties up to $2,000 per violation. Haw. Rev. Stat. Section 481P-5

D. Hawaii Do-Not-Call Provisions

Hawaii maintains its own Hawaii No-Call List in addition to the National Do-Not-Call Registry. Haw. Rev. Stat. Section 481P-2.

Hawaii Telephone Solicitation Requirements:
- Calls must be made between 8:00 a.m. and 9:00 p.m. local time
- Caller must identify themselves and the company represented
- Caller must honor do-not-call requests
- Telemarketers must obtain and check the Hawaii No-Call List

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 Hawaii No-Call List
[ ] 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

Prerecorded Telemarketing Calls (47 U.S.C. Section 227(b)(1)(B)):

[ ] Prerecorded telemarketing calls to residential line without prior express written consent
[ ] Prerecorded calls that fail to provide opt-out mechanism at beginning of message
[ ] Prerecorded calls that fail to provide toll-free opt-out number

Hawaii UDAP/Telephone Solicitation Violations:

[ ] Unfair or deceptive trade practices through unwanted commercial solicitations
[ ] Misrepresentations in telemarketing communications
[ ] Calls to number on Hawaii No-Call List in violation of Haw. Rev. Stat. Section 481P-4

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]) [ ] Hawaii No-Call List (Date: [DATE]) [ ] Company-specific DNC request (Date: [DATE])
- Hawaii 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. Prior Express Consent Requirement

For non-telemarketing autodialed or prerecorded calls, the caller must obtain "prior express consent." 47 C.F.R. Section 64.1200(a)(1). For telemarketing autodialed or prerecorded calls, the caller must obtain "prior express written consent," which must:

1. Be in writing (including electronic agreements)
2. Bear the signature of the person called
3. Clearly authorize the caller to deliver telemarketing messages using an ATDS or prerecorded voice
4. Include the telephone number to which calls may be made
5. Not be required as a condition of purchase

47 C.F.R. Section 64.1200(f)(9).

Your company lacks valid consent because [EXPLAIN WHY].

C. National and Hawaii Do-Not-Call Registry Violations - 47 U.S.C. Section 227(c); Haw. Rev. Stat. Section 481P

Our Client's number has been registered on the National Do-Not-Call Registry since [DATE] and on the Hawaii No-Call List since [DATE]. Your company had constructive notice of these registrations and was prohibited from making telemarketing calls to our Client.

D. Hawaii UDAP Analysis

Under Hawaii's Unfair and Deceptive Practices Act, your conduct constitutes an unfair or deceptive practice because [DESCRIBE HOW CONDUCT VIOLATES UDAP]. Hawaii UDAP provides for actual damages or $1,000 per violation (whichever is greater), treble damages, and attorney's fees.

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).

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 and/or Hawaii No-Call List
[ ] Other evidence of willfulness: [DESCRIBE]

V. DAMAGES CALCULATION

A. Federal TCPA Statutory Damages Under 47 U.S.C. Section 227(b)(3)

B. Hawaii UDAP 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, adverse inference instructions, and separate claims for spoliation under Hawaii 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:

• Statutory/treble damages for documented violations: $[AMOUNT]
• Hawaii UDAP 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 Hawaii state court or the United States District Court for the District of Hawaii without further notice.

IX. CONCLUSION

Your company's repeated violations of the TCPA and Hawaii 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]
Hawaii State Bar No. [NUMBER]
[ADDRESS]
[CITY, HAWAII 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
[ ] Hawaii No-Call List registration confirmation
[ ] Authorization to represent

cc: [CONSUMER NAME]
[CLIENT FILE]

HAWAII-SPECIFIC PRACTICE NOTES

[ ] Hawaii No-Call List: Hawaii maintains its own state do-not-call list under Haw. Rev. Stat. Chapter 481P. Verify whether client is registered on both the National DNC Registry and the Hawaii No-Call List.

[ ] Hawaii UDAP: Provides for treble damages and minimum $1,000 per violation. Haw. Rev. Stat. Section 480-13.

[ ] Attorney's Fees: Mandatory under Hawaii UDAP; not expressly provided under federal TCPA.

[ ] State Penalties: Hawaii Telephone Solicitation Law provides for civil penalties up to $2,000 per violation. Haw. Rev. Stat. Section 481P-5.

[ ] Venue: Actions may be filed in Hawaii state court or in the U.S. District Court for the District of Hawaii.

[ ] Class Actions: TCPA claims may be brought as class actions. Consider whether class treatment is appropriate.

[ ] Small Claims: For smaller individual claims, consider Hawaii Small Claims Court (up to $5,000).

[ ] DCCA Complaint: Consider filing a complaint with the Hawaii Department of Commerce and Consumer Affairs, Office of Consumer Protection.

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