Plain answers on whether the letter is real, what the calls and texts could cost, who is liable, and how to respond before the deadline. Written for the person who opened the envelope.
Each page answers one question with the statute, the numbers and the practical steps. No sign-up, no sales pitch.
A genuine TCPA demand lists specific calls or texts, cites 47 U.S.C. § 227, names a deadline and comes from a traceable sender. A scam threatens without detail and asks for untraceable payment. The five checks, in order.
How to put a figure on TCPA exposure before deciding whether to resolve a demand: violations times statutory damages, the willfulness multiplier, the four-year lookback, defence costs paid win or lose, and when a dispute is the better answer.
Ignoring a TCPA demand does not end it. The claim can be filed in federal or state court within four years, the demand-stage discount is gone, discovery opens the whole calling programme, and calls made after the letter are treated as knowing. What the sequence looks like.
What to do in the days after a TCPA demand arrives: note the deadline, verify the sender, preserve records, suppress the numbers, work out who made the calls, decide whether to resolve or dispute, and reply in writing with what the sender needs.
Yes, usually. Under the FCC's 2013 Dish Network ruling and federal agency law a seller is liable for telemarketing calls made on its behalf by lead generators, affiliates and call centres. What the test is, what a contract does and does not protect, and what to ask the vendor for now.
Prior express written consent under 47 C.F.R. § 64.1200(f) is a signed agreement, clear and conspicuous, authorising autodialed or prerecorded marketing calls or texts to a specific number, not conditioned on purchase. What meets that bar, what fails, and how a STOP revokes it.
Usually not. Most commercial general liability policies written since the mid-2000s carry a TCPA or statutory-distribution exclusion, and several courts treat statutory damages as uninsurable penalties. Where coverage sometimes exists, how to check your policy, and when to give notice anyway.
Typical TCPA defence costs from first letter to resolution, what a contested case runs through discovery and class certification, when hiring counsel is clearly worth it, and when a short consultation is enough.
The twelve controls that prevent TCPA and FTSA demand letters: written consent capture, Do Not Call Registry scrubbing every 31 days, an internal do-not-call list, opt-out handling within ten business days, calling hours, reassigned-number checks, vendor contracts and record retention.
Enter the calls and texts in the letter and see the statutory range under the TCPA, with the Florida FTSA stacked on top where it applies.