If you've been receiving annoying robocalls and suspect they might be breaking the law, you've probably heard about the TCPA. The Telephone Consumer Protection Act (TCPA) is a set of rules designed to protect people from unwanted calls and texts. Sometimes, to get companies to stop, you might need to send them a formal letter. This article will walk you through what a Tcpa Robocall Demand Letter Sample looks like and why it's important.
What is a TCPA Robocall Demand Letter?
A TCPA Robocall Demand Letter is basically a letter you send to a company that has been making illegal robocalls or sending unwanted texts to you. It's your way of saying, "Hey, you're not following the rules, and I want you to stop and maybe even pay me for the trouble you've caused." The importance of having a clear and well-written demand letter cannot be overstated, as it serves as your initial formal communication to the offending party.
These letters usually include:
- Your contact information.
- Details about the calls or texts you received (like dates, times, and phone numbers).
- A clear statement that you believe they violated the TCPA.
- What you want them to do (stop calling/texting) and/or what you want them to pay.
Think of it like this:
| Purpose | What it does |
|---|---|
| Inform | Tells the company they've broken a rule. |
| Demand | Asks them to fix the problem. |
| Evidence | Creates a record of your complaint. |
The TCPA has specific rules about using automatic dialing systems (autodialers) and pre-recorded messages for telemarketing without your permission. If a company breaks these rules, you might be entitled to financial compensation.
Example: Demand Letter for Unwanted Autodialer Calls
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Date]
[Company Name]
[Company Address]
Subject: Demand for Cessation of Unwanted Autodialer Calls and Compensation under the TCPA
Dear Sir/Madam,
I am writing to demand that you immediately cease all autodialer calls and text messages to my telephone number, [Your Phone Number]. I have received numerous unsolicited calls from your company, identified by Caller ID [List any known Caller IDs, e.g., 555-123-4567], on the following dates and times:
- [Date] at [Time]
- [Date] at [Time]
- [Date] at [Time]
These calls were made using an automatic telephone dialing system (ATDS) and/or a pre-recorded voice, without my express written consent. I have never provided my telephone number to your company, nor have I given any authorization for you to contact me using these methods.
Under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, such unsolicited calls made with an ATDS or pre-recorded voice are illegal. I have suffered damages as a result of these violations, including invasion of privacy and disruption of my daily life.
Therefore, I demand that you:
- Immediately cease all autodialer calls and text messages to my telephone number, [Your Phone Number].
- Provide me with compensation in the amount of [Specify an amount, e.g., $500 per violation, or state you seek statutory damages as permitted by law].
Please respond to this demand letter within fifteen (15) days of the date of this letter. If I do not receive a satisfactory response and resolution, I will be forced to consider further legal action to protect my rights.
Sincerely,
[Your Signature]
[Your Typed Name]
Example: Demand Letter for Unwanted Text Messages
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Date]
[Company Name]
[Company Address]
Subject: Demand to Stop Unwanted Text Messages and TCPA Violation
Dear Sir/Madam,
I am writing to you regarding unsolicited text messages I have been receiving on my mobile phone, [Your Phone Number], originating from [Short Code or Phone Number the texts are coming from].
I have received the following text messages:
- On [Date] at [Time]: "[Content of Text Message 1]"
- On [Date] at [Time]: "[Content of Text Message 2]"
- On [Date] at [Time]: "[Content of Text Message 3]"
I have never provided my express written consent for your company to send me marketing or promotional text messages using an automatic telephone dialing system (ATDS) or any other automated means. I have attempted to stop these messages by replying STOP, but they continue.
These actions violate the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, which prohibits the use of ATDS to send unsolicited text messages without prior express written consent.
I demand that you:
- Immediately cease sending any and all text messages to my telephone number, [Your Phone Number].
- Confirm in writing within ten (10) days that all text messaging to my number has been permanently stopped.
- Provide compensation for the violations of the TCPA as allowed by law.
Failure to comply with this demand will leave me with no alternative but to pursue legal remedies available to me.
Sincerely,
[Your Signature]
[Your Typed Name]
Example: Demand Letter with No Prior Consent Mentioned
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Date]
[Company Name]
[Company Address]
Subject: Demand Regarding Unauthorized Robocalls and TCPA Violation
Dear Sir/Madam,
This letter serves as a formal demand for you to cease and desist from making any further unsolicited calls to my telephone number, [Your Phone Number]. I have received numerous calls from your company, originating from numbers such as [List any known numbers, e.g., 555-987-6543], on multiple occasions, including but not limited to [Date] and [Date].
These calls appear to have been made using an automatic dialing system and/or a pre-recorded voice. Crucially, I have never provided my consent, express or otherwise, for your company to contact me using these technologies. I have no business relationship with your company.
The Telephone Consumer Protection Act (TCPA) strictly prohibits such communications without prior express written consent. Your actions constitute a clear violation of federal law.
I demand that you:
- Immediately remove my telephone number from all calling lists and stop all autodialed or pre-recorded calls to it.
- Provide me with an explanation of how you obtained my telephone number.
- Compensate me for the damages incurred due to your unlawful robocalls, in accordance with the TCPA.
Please provide a written response to this demand within 15 days. If I do not receive a satisfactory resolution, I will explore all available legal options.
Sincerely,
[Your Signature]
[Your Typed Name]
Example: Demand Letter for Calls Made to a Mobile Phone
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Date]
[Company Name]
[Company Address]
Subject: TCPA Violation: Unwanted Calls to Mobile Number - Demand for Action
Dear Sir/Madam,
I am writing to formally demand that your company cease all telephone calls to my mobile number, [Your Phone Number]. I have received multiple unsolicited calls to this number, which I use as my primary mobile telephone. These calls were made using an automatic telephone dialing system (ATDS) and/or a pre-recorded voice.
I recall receiving these calls on [List a few specific dates/times if possible, e.g., the evening of October 26, 2023, and the morning of October 27, 2023]. I have never provided my express written consent for your company to contact my mobile phone using an ATDS or pre-recorded messages.
The TCPA, 47 U.S.C. § 227, specifically protects consumers from such calls to their mobile phones, especially when made without prior express written consent. Your company's actions are in direct violation of these federal protections.
I require the following actions from your company:
- Immediate and permanent cessation of all autodialed and pre-recorded calls to my mobile number, [Your Phone Number].
- Confirmation that my number has been removed from your calling lists and any databases used by your ATDS.
- Compensation for the damages and inconvenience caused by your illegal calls, as provided for under the TCPA.
Please acknowledge receipt of this letter and provide a substantive response within 14 days. I am prepared to take legal action if these violations are not rectified.
Sincerely,
[Your Signature]
[Your Typed Name]
Example: Demand Letter for Multiple Violations
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Date]
[Company Name]
[Company Address]
Subject: Persistent TCPA Violations - Demand for Immediate Stop and Compensation
Dear Sir/Madam,
This letter serves as a formal demand regarding your company's repeated and ongoing violations of the Telephone Consumer Protection Act (TCPA) by making unsolicited calls to my telephone number, [Your Phone Number].
I have received numerous calls from your company on various dates and times. To be specific, I have documented the following instances of autodialed or pre-recorded calls:
- [Date] at [Time]
- [Date] at [Time]
- [Date] at [Time]
- [Date] at [Time]
These calls have been made using an automatic telephone dialing system (ATDS) or a pre-recorded voice, and I have never provided your company with my prior express written consent to make such calls to my number. Furthermore, I have never had any prior business relationship with your company.
The consistent nature of these calls, despite the absence of my consent, demonstrates a pattern of willful disregard for federal law. Under the TCPA, each unsolicited call made in violation of the law can result in statutory damages.
I demand that your company:
- Immediately cease and desist all autodialed and pre-recorded calls to my telephone number, [Your Phone Number].
- Provide a sworn affidavit confirming that my number has been permanently removed from all calling lists and ATDS databases.
- Compensate me for each violation of the TCPA, seeking the maximum statutory damages available per violation.
I expect a written response within ten (10) business days. If I do not receive a satisfactory response and assurance that these violations have ceased, I will proceed with filing a lawsuit to recover damages and penalties.
Sincerely,
[Your Signature]
[Your Typed Name]
Example: Demand Letter for Calls from a Specific Service/Product
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Date]
[Company Name]
[Company Address]
Subject: TCPA Violation - Unauthorized Calls Regarding [Specific Service/Product]
Dear Sir/Madam,
I am writing to you concerning unwanted and unauthorized calls I have been receiving regarding your [Specify the service or product, e.g., "new home security system" or "financial planning services"]. My telephone number is [Your Phone Number].
These calls, often featuring pre-recorded messages or made by an automatic dialing system, have occurred on [List specific dates/times if possible, e.g., October 20th, October 22nd, and October 25th]. I have never provided my express written consent to receive such calls from your company about [Specific Service/Product] or any other matter. I have no prior relationship with your company, nor have I requested any information or services from you.
The Telephone Consumer Protection Act (TCPA) prohibits making calls to consumers' phones using an ATDS or pre-recorded voice without their prior express written consent. Your repeated calls about [Specific Service/Product] without my permission are a clear violation of this federal law.
I demand that your company:
- Immediately stop all autodialed and pre-recorded calls to my telephone number, [Your Phone Number], particularly those related to [Specific Service/Product].
- Remove my telephone number from all databases used for telemarketing your [Specific Service/Product] and any other offerings.
- Provide appropriate compensation for the TCPA violations.
Please provide a written response to this demand within 15 days. Failure to address this matter promptly will result in further action being taken.
Sincerely,
[Your Signature]
[Your Typed Name]
Example: Demand Letter for Text Messages From a Company You Don't Recognize
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Date]
[Company Name]
[Company Address]
Subject: Unsolicited Text Messages - TCPA Violation by [Company Name]
Dear Sir/Madam,
I am writing to you today because I have been receiving unsolicited text messages on my phone, [Your Phone Number], from your company. I do not recognize your company and have never provided my phone number to you, nor have I given any permission to receive text messages from you.
I have received the following text messages:
- On [Date] at [Time]: "[Content of Text Message 1]"
- On [Date] at [Time]: "[Content of Text Message 2]"
I believe these text messages were sent using an automatic telephone dialing system (ATDS). I have not given your company my express written consent to send me these messages.
The Telephone Consumer Protection Act (TCPA) prohibits sending unsolicited text messages to mobile phones using an ATDS without prior express written consent. Your actions are in violation of this law.
I demand that you immediately:
- Cease sending any and all text messages to my telephone number, [Your Phone Number].
- Remove my number from all your contact lists and any automated messaging systems.
- Provide confirmation in writing that you have stopped all messaging to my number.
Please respond to this demand within 10 days. If I continue to receive unwanted messages, I will consider pursuing further legal action.
Sincerely,
[Your Signature]
[Your Typed Name]
Sending a demand letter can be a powerful first step in dealing with illegal robocalls. It shows the company you're serious about your rights and gives them a chance to correct their behavior. Remember, these samples are for guidance, and it's always a good idea to consult with a legal professional if you have specific questions or a complex case. By understanding what goes into a Tcpa Robocall Demand Letter Sample, you can better protect yourself from unwanted and illegal calls.