TELEPHONE CONSUMER PROTECTION ACT VIOLATION DEMAND LETTER

COMMONWEALTH OF PENNSYLVANIA

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 Pennsylvania 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. PENNSYLVANIA-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. Pennsylvania Telemarketer Registration Act

Pennsylvania has enacted the Telemarketer Registration Act, 73 P.S. Section 2241 et seq., which provides comprehensive telemarketing regulation.

Key Provisions:

• Registration Requirement: Telemarketers must register with the Pennsylvania Attorney General. 73 P.S. Section 2245.
• Bond Requirement: Telemarketers must maintain a surety bond. 73 P.S. Section 2246.
• Do-Not-Call Registry: Pennsylvania maintains a state Do-Not-Call List. 73 P.S. Section 2248.
• Prohibited Hours: Telemarketing calls are prohibited before 8:00 a.m. or after 9:00 p.m. 73 P.S. Section 2247.
• Disclosure Requirements: Callers must identify themselves and the purpose of the call. 73 P.S. Section 2247.
• Prohibited Practices: Various deceptive and abusive practices are prohibited. 73 P.S. Section 2247.

C. Pennsylvania Unfair Trade Practices and Consumer Protection Law

The Pennsylvania Unfair Trade Practices and Consumer Protection Law ("UTPCPL"), 73 P.S. Section 201-1 et seq., provides robust consumer protection remedies.

Private Right of Action: 73 P.S. Section 201-9.2 provides consumers a private right of action for unfair or deceptive practices.

Remedies Available:
- Actual damages or $100, whichever is greater. 73 P.S. Section 201-9.2(a)
- Treble actual damages (court discretion). 73 P.S. Section 201-9.2(a)
- Attorney's fees (court discretion). 73 P.S. Section 201-9.2(a)
- Injunctive relief

Statute of Limitations: Six (6) years under general statute.

D. Do-Not-Call Provisions

Pennsylvania maintains its own Do-Not-Call List in addition to the National Do-Not-Call Registry. Under 73 P.S. Section 2248, telemarketers must obtain the Pennsylvania list and may not call numbers on the list. Violations may give rise to both federal and state claims.

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

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

Pennsylvania Telemarketer Registration Act Violations (73 P.S. Section 2247):

[ ] Calls to number on Pennsylvania Do-Not-Call List
[ ] Calls by unregistered telemarketer
[ ] Calls before 8:00 a.m. or after 9:00 p.m.
[ ] Failure to identify caller and purpose
[ ] Prohibited telemarketing practices

Pennsylvania UTPCPL Violations (73 P.S. Section 201-2):

[ ] Unfair trade practices through unwanted solicitations
[ ] Deceptive acts in consumer transactions
[ ] Catch-all provision violations

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

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

D. Pennsylvania UTPCPL Analysis

Under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, your conduct constitutes an unfair or deceptive trade practice because [DESCRIBE HOW CONDUCT VIOLATES UTPCPL]. The UTPCPL provides for treble damages at the court's discretion 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 or Pennsylvania DNC Registry/List
[ ] Other evidence of willfulness: [DESCRIBE]

V. DAMAGES CALCULATION

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

B. Pennsylvania UTPCPL 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 Pennsylvania 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]
• Pennsylvania UTPCPL 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 Pennsylvania state court or the United States District Court for the Eastern, Middle, or Western District of Pennsylvania without further notice.

IX. CONCLUSION

Your company's repeated violations of the TCPA and Pennsylvania 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]
Pennsylvania Bar ID No. [NUMBER]
[ADDRESS]
[CITY, PENNSYLVANIA 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]

PENNSYLVANIA-SPECIFIC PRACTICE NOTES

[ ] State Do-Not-Call List: Pennsylvania maintains its own Do-Not-Call List; check client registration on both state and national registries.

[ ] Telemarketer Registration Act: 73 P.S. Section 2241 et seq. requires registration and provides comprehensive telemarketing regulation.

[ ] Strong UTPCPL Remedies: Pennsylvania's UTPCPL provides for treble damages and attorney's fees at court discretion.

[ ] Long Statute of Limitations: Pennsylvania has a 6-year general statute of limitations for UTPCPL claims.

[ ] Attorney General Enforcement: Consider reporting violations to the Pennsylvania Office of Attorney General.

[ ] Venue: Actions may be filed in Pennsylvania state court or in the U.S. District Court for the Eastern, Middle, or Western District of Pennsylvania.

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

[ ] Philadelphia Special Considerations: Philadelphia has a specialized Commerce Court for complex business litigation.

[ ] Small Claims: For smaller individual claims, consider Pennsylvania Magisterial District Court (up to $12,000).

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