TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER

COMMONWEALTH OF MASSACHUSETTS

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]
DEMAND PURSUANT TO M.G.L. c. 93A Section 9(3)

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 Massachusetts 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.

IMPORTANT: This letter constitutes a demand letter pursuant to M.G.L. c. 93A Section 9(3). You have thirty (30) days to make a reasonable settlement offer. Failure to do so may result in multiple damages and attorney's fees in subsequent litigation.

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

I. MASSACHUSETTS-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. Massachusetts Consumer Protection Act (Chapter 93A)

In addition to federal TCPA claims, our Client may pursue claims under the Massachusetts Consumer Protection Act, M.G.L. c. 93A.

Chapter 93A prohibits unfair or deceptive acts or practices in the conduct of any trade or commerce. M.G.L. c. 93A Section 2. Massachusetts courts have recognized that TCPA violations may constitute per se violations of Chapter 93A.

Private Right of Action: M.G.L. c. 93A Section 9 provides consumers a private right of action.

Remedies Available:
- Actual damages. M.G.L. c. 93A Section 9(3)
- Double damages (mandatory if no reasonable settlement offer made). M.G.L. c. 93A Section 9(3)
- Treble damages for willful or knowing violations. M.G.L. c. 93A Section 9(3)
- Mandatory reasonable attorney's fees and costs. M.G.L. c. 93A Section 9(4)
- Minimum recovery of $25. M.G.L. c. 93A Section 9(3)

Statute of Limitations: Four (4) years. M.G.L. c. 260 Section 5A.

C. Massachusetts Telemarketing Solicitation Law

Massachusetts regulates telemarketing under M.G.L. c. 159C.

Key Provisions:
- Establishes the Massachusetts Do-Not-Call Registry. M.G.L. c. 159C Section 3
- Prohibits calls to numbers on the Massachusetts Do-Not-Call Registry. M.G.L. c. 159C Section 4
- Requires identification disclosures. M.G.L. c. 159C Section 4
- Violations are subject to civil penalties. M.G.L. c. 159C Section 5

D. Massachusetts Do-Not-Call Provisions

Massachusetts maintains its own Massachusetts Do-Not-Call Registry in addition to the National Do-Not-Call Registry. M.G.L. c. 159C Section 3.

Massachusetts Telephone Solicitation Requirements:
- Calls must be made between 8:00 a.m. and 8:00 p.m. local time (stricter than federal)
- Caller must identify themselves and the company represented
- Caller must honor do-not-call requests
- Telemarketers must check the Massachusetts Do-Not-Call Registry

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 Massachusetts 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 8:00 p.m. local time under MA law)
[ ] 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

Massachusetts Chapter 93A Violations:

[ ] Unfair or deceptive trade practices through unwanted commercial solicitations
[ ] Misrepresentations in telemarketing communications
[ ] Per se violations through TCPA violations
[ ] Violations of Massachusetts telemarketing regulations

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]) [ ] Massachusetts Do-Not-Call Registry (Date: [DATE]) [ ] Company-specific DNC request (Date: [DATE])
- Massachusetts 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 Massachusetts Do-Not-Call Registry Violations

Our Client's number has been registered on the National Do-Not-Call Registry since [DATE] and on the Massachusetts Do-Not-Call Registry since [DATE]. Your company had constructive notice of these registrations and was prohibited from making telemarketing calls to our Client.

D. Massachusetts Chapter 93A Analysis

Under Massachusetts Chapter 93A, your conduct constitutes an unfair or deceptive practice. TCPA violations may constitute per se violations of Chapter 93A. Your failure to make a reasonable settlement offer within 30 days of this demand will result in mandatory double damages and attorney's fees. M.G.L. c. 93A Section 9(3).

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). Similarly, Chapter 93A provides for treble damages for willful or knowing violations. M.G.L. c. 93A Section 9(3).

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 Massachusetts Do-Not-Call Registry
[ ] Other evidence of willfulness: [DESCRIBE]

V. DAMAGES CALCULATION

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

B. Massachusetts Chapter 93A 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 Massachusetts law.

VII. DEMAND FOR SETTLEMENT

PURSUANT TO M.G.L. c. 93A Section 9(3), YOU HAVE THIRTY (30) DAYS TO RESPOND WITH A REASONABLE SETTLEMENT OFFER.

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]
• Massachusetts 93A 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

IMPORTANT CHAPTER 93A NOTICE: Pursuant to M.G.L. c. 93A Section 9(3), you must respond to this demand in writing within thirty (30) days. If you fail to make a reasonable settlement offer within this period, our Client will be entitled to mandatory double or treble damages and attorney's fees in any subsequent litigation.

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 Massachusetts state court or the United States District Court for the District of Massachusetts without further notice.

IX. CONCLUSION

Your company's repeated violations of the TCPA and Massachusetts 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]
Massachusetts Board of Bar Overseers No. [NUMBER]
[ADDRESS]
[CITY, MASSACHUSETTS 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
[ ] Massachusetts Do-Not-Call Registry confirmation
[ ] Authorization to represent

cc: [CONSUMER NAME]
[CLIENT FILE]

MASSACHUSETTS-SPECIFIC PRACTICE NOTES

[ ] Chapter 93A Demand Letter: This letter satisfies the mandatory 30-day demand requirement under M.G.L. c. 93A Section 9(3). A 93A demand is prerequisite to filing suit.

[ ] Mandatory Multiple Damages: If defendant fails to make reasonable settlement offer within 30 days, plaintiff is entitled to mandatory double or treble damages.

[ ] Mandatory Attorney's Fees: Chapter 93A provides for mandatory attorney's fees to prevailing plaintiffs.

[ ] Massachusetts Do-Not-Call Registry: Verify whether client is registered on both National DNC Registry and Massachusetts Do-Not-Call Registry.

[ ] Stricter Call Hours: Massachusetts prohibits telemarketing calls after 8:00 p.m. (vs. 9:00 p.m. federal).

[ ] Per Se Violations: TCPA violations may constitute per se 93A violations under Massachusetts law.

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

[ ] Class Actions: TCPA and 93A claims may be brought as class actions. Consider whether class treatment is appropriate.

[ ] Small Claims: For smaller individual claims, consider Massachusetts Small Claims Court (up to $7,000).

[ ] AG Complaint: Consider filing a complaint with the Massachusetts Attorney General's Consumer Protection Division.

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