TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER
STATE OF NEW HAMPSHIRE
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 New Hampshire 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. NEW HAMPSHIRE-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. New Hampshire Consumer Protection Act
In addition to federal TCPA claims, our Client may pursue claims under the New Hampshire Consumer Protection Act ("CPA"), RSA 358-A.
The New Hampshire CPA prohibits unfair or deceptive acts or practices in the conduct of any trade or commerce. RSA 358-A:2. Unwanted commercial telemarketing calls and text messages may constitute unfair or deceptive practices under New Hampshire law.
Private Right of Action: RSA 358-A:10 provides consumers a private right of action for violations of the CPA.
Remedies Available:
- Actual damages or $1,000, whichever is greater. RSA 358-A:10, I
- Treble damages for willful or knowing violations. RSA 358-A:10, I
- Reasonable attorney's fees and costs. RSA 358-A:10, I
- Injunctive relief. RSA 358-A:10, I
Statute of Limitations: Three (3) years. RSA 508:4.
C. New Hampshire Do-Not-Call Registry Law
New Hampshire has enacted a strong Do-Not-Call Registry Law, RSA 359-E, which provides significant consumer protections.
Key Provisions:
- Establishes the New Hampshire Do-Not-Call Registry. RSA 359-E:2
- Prohibits telephone solicitation to numbers on the NH Do-Not-Call Registry. RSA 359-E:3
- Private Right of Action: Provides for $5,000 per violation. RSA 359-E:6
- Requires specific disclosures during solicitation calls. RSA 359-E:4
D. New Hampshire Do-Not-Call Provisions
New Hampshire maintains its own New Hampshire Do-Not-Call Registry in addition to the National Do-Not-Call Registry. RSA 359-E:2.
New Hampshire 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 New Hampshire 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
New Hampshire Do-Not-Call Registry Violations (RSA 359-E):
[ ] Calls to number on New Hampshire Do-Not-Call Registry
[ ] Failure to check New Hampshire Do-Not-Call Registry
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 New Hampshire 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 NH 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
New Hampshire CPA Violations (RSA 358-A:2):
[ ] Unfair or deceptive trade practices through unwanted commercial solicitations
[ ] Misrepresentations 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]) [ ] New Hampshire Do-Not-Call Registry (Date: [DATE]) [ ] Company-specific DNC request (Date: [DATE])
- New Hampshire 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:
| Date | Time | Type | Caller ID | Duration/Content | Evidence |
|---|---|---|---|---|---|
| [DATE] | [TIME] | [ ] Call [ ] Text [ ] Voicemail | [NUMBER DISPLAYED] | [DESCRIPTION] | [ ] Phone records [ ] Screenshot [ ] Recording [ ] Voicemail saved |
| [DATE] | [TIME] | [ ] Call [ ] Text [ ] Voicemail | [NUMBER DISPLAYED] | [DESCRIPTION] | [ ] Phone records [ ] Screenshot [ ] Recording [ ] Voicemail saved |
| [DATE] | [TIME] | [ ] Call [ ] Text [ ] Voicemail | [NUMBER DISPLAYED] | [DESCRIPTION] | [ ] Phone records [ ] Screenshot [ ] Recording [ ] Voicemail saved |
[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. New Hampshire Do-Not-Call Registry Law - RSA 359-E
New Hampshire's Do-Not-Call Registry Law provides significant state-level protections. RSA 359-E:3 prohibits telephone solicitation calls to numbers on the New Hampshire Do-Not-Call Registry. RSA 359-E:6 provides for damages of $5,000 per violation.
C. 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:
- Be in writing (including electronic agreements)
- Bear the signature of the person called
- Clearly authorize the caller to deliver telemarketing messages using an ATDS or prerecorded voice
- Include the telephone number to which calls may be made
- 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].
D. National and New Hampshire Do-Not-Call Registry Violations
Our Client's number has been registered on the National Do-Not-Call Registry since [DATE] and on the New Hampshire Do-Not-Call Registry since [DATE]. Your company had constructive notice of these registrations and was prohibited from making telemarketing calls to our Client.
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, New Hampshire CPA provides for treble damages for willful or knowing violations. RSA 358-A:10.
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 New Hampshire 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)
| Category | Number of Violations | Standard Damages ($500) | Treble Damages ($1,500) |
|---|---|---|---|
| Autodialed calls to cell phone | [NUMBER] | $[AMOUNT] | $[AMOUNT] |
| Prerecorded calls to cell phone | [NUMBER] | $[AMOUNT] | $[AMOUNT] |
| Texts sent via ATDS | [NUMBER] | $[AMOUNT] | $[AMOUNT] |
| DNC Registry violations | [NUMBER] | $[AMOUNT] | $[AMOUNT] |
| Calls after consent revocation | [NUMBER] | $[AMOUNT] | $[AMOUNT] |
| TOTAL FEDERAL | [NUMBER] | $[AMOUNT] | $[AMOUNT] |
B. New Hampshire Do-Not-Call Registry Damages (RSA 359-E:6)
| Category | Number of Violations | Damages ($5,000 each) |
|---|---|---|
| Calls to NH DNC Registry number | [NUMBER] | $[AMOUNT] |
| TOTAL NH DNC | [NUMBER] | $[AMOUNT] |
C. New Hampshire CPA Damages (RSA 358-A:10)
| Category | Amount |
|---|---|
| Actual Damages or $1,000 minimum | $[AMOUNT] |
| Treble Damages (willful/knowing) | $[AMOUNT] |
| Attorney's Fees | $[AMOUNT] |
| TOTAL CPA | $[AMOUNT] |
D. Combined Damages Summary
| Source | Amount |
|---|---|
| Federal TCPA Damages | $[AMOUNT] |
| New Hampshire DNC Registry Damages | $[AMOUNT] |
| New Hampshire CPA Damages | $[AMOUNT] |
| Attorney's Fees | $[AMOUNT] |
| TOTAL DAMAGES | $[AMOUNT] |
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 New Hampshire 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]
- New Hampshire DNC Registry damages: $[AMOUNT]
- New Hampshire CPA damages: $[AMOUNT]
- Attorney's fees incurred to date: $[AMOUNT]
B. Injunctive Relief
-
Permanent removal of our Client's telephone number(s) from all calling lists, databases, and marketing campaigns
-
Placement of our Client on your company's internal do-not-call list
-
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:
- The identity of your calling platform or service provider
- The source of our Client's telephone number
- Any consent records you believe you possess
- Your settlement offer
If we do not receive a satisfactory response within the stated timeframe, we are authorized to file suit in the appropriate New Hampshire state court or the United States District Court for the District of New Hampshire without further notice.
IX. CONCLUSION
Your company's repeated violations of the TCPA and New Hampshire 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]
New Hampshire Bar No. [NUMBER]
[ADDRESS]
[CITY, NEW HAMPSHIRE 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
[ ] New Hampshire Do-Not-Call Registry confirmation
[ ] Authorization to represent
cc: [CONSUMER NAME]
[CLIENT FILE]
NEW HAMPSHIRE-SPECIFIC PRACTICE NOTES
[ ] New Hampshire Do-Not-Call Registry Law: Provides $5,000 per violation - can be stacked with federal TCPA claims. RSA 359-E:6.
[ ] New Hampshire Do-Not-Call Registry: Verify whether client is registered on both National DNC Registry and New Hampshire Do-Not-Call Registry.
[ ] New Hampshire CPA: Provides for actual damages or $1,000 minimum, treble damages for willful violations, and mandatory attorney's fees. RSA 358-A:10.
[ ] Stricter Call Hours: New Hampshire prohibits telemarketing calls after 8:00 p.m. (vs. 9:00 p.m. federal).
[ ] Attorney's Fees: Mandatory under New Hampshire CPA; not expressly provided under federal TCPA.
[ ] Venue: Actions may be filed in New Hampshire state court or in the U.S. District Court for the District of New Hampshire.
[ ] Class Actions: TCPA claims may be brought as class actions. Consider whether class treatment is appropriate.
[ ] Small Claims: For smaller individual claims, consider New Hampshire Small Claims Court (up to $10,000).
[ ] AG Complaint: Consider filing a complaint with the New Hampshire Attorney General's Consumer Protection Bureau.
This template is for informational purposes only and does not constitute legal advice. Consult a licensed New Hampshire attorney before use.