A consumer who has documented unlawful telemarketing calls may consider sending a written demand letter before filing a lawsuit.
A demand letter explains the alleged conduct, identifies the legal claims, and requests a resolution.
For some disputes, this process can result in a negotiated agreement without court proceedings.
However, the TCPA does not universally require a demand letter before a private lawsuit, and sending one does not guarantee payment.
What a TCPA demand letter should accomplish
A useful demand identifies the business and describes the specific communications in dispute.
It should distinguish prohibited prerecorded messages from potential Do Not Call violations and other calling restrictions.
Clear facts are more persuasive than a general complaint about repeated calls.
Explain the alleged legal violations
The letter should identify the applicable TCPA provision.
For example, certain unauthorized prerecorded voice calls may implicate 47 U.S.C. § 227(b).
Repeated prohibited telephone solicitations may involve section 227(c).
The factual requirements differ, so the letter should not treat every unwanted communication as the same violation.
State a supported damages calculation
Certain section 227(b) violations permit statutory damages of $500 per violation or greater actual monetary loss.
Courts may award enhanced damages when the applicable knowing or willful standard is established.
A demand may refer to potential enhanced damages, but it should not describe them as automatic.
The amount requested should be supported by documented communications.
Why evidence should be preserved before sending a letter
A demand letter alerts the recipient to the possibility of litigation.
Before sending it, preserve original messages and relevant call history.
The company may dispute the number of calls or claim that permission was obtained.
Address the correct legal entity
A letter directed to a marketing nickname or an unrelated phone number may never reach the responsible business.
Consumers should verify the legal entity and appropriate contact information.
A company's registered agent or legal department may be a suitable recipient.
Keep proof of delivery.
Did you know? A demand letter does not necessarily pause the filing deadline
Sending a settlement request does not automatically stop the statute of limitations.
Federal TCPA claims are commonly subject to a four-year filing period.
Consumers should not allow negotiations to continue indefinitely while a claim approaches its deadline.
Different state-law claims may have shorter periods.
What happens after the company responds?
The recipient may deny responsibility, produce evidence of consent, make a settlement offer, or decline to respond.
A proposed settlement should be reviewed for the scope of any release.
Some agreements resolve only identified communications. Others may cover broader legal claims.
Consumers should understand what rights they would give up before accepting payment.
Common questions around TCPA demand letters
Is a demand letter mandatory?
Not under every TCPA claim. Other applicable laws or procedures may impose separate notice requirements.
Should the letter demand $1,500 per call?
Only when the demand accurately explains that enhanced damages require additional legal findings.
Can a company ignore the letter?
Yes. A demand does not guarantee a response.
Does sending a demand create a lawsuit?
No. A lawsuit begins through the applicable court filing procedure.
Should I accept the first settlement offer?
That depends on the evidence, legal risks, proposed payment, and release terms.
