Can I negotiate the amount in a TCPA demand letter?
Usually. What moves the figure is evidence that removes calls from the count: consent for some numbers, calls not made by or for you, a reassigned-number check. A counter that is just a lower number with no reason rarely moves anything.
Most senders will negotiate, and the figure in a demand letter is set expecting it. What moves it is not a plea or a round number but evidence that reduces the count. The demand is count times a per-call figure, so the negotiation is about the count. If you can show prior express written consent for three of eight numbers, the count is five. If the texts stopped within the time the rules allow after a STOP, those messages are off. If two calls were made by a vendor outside its authority, say so with the contract and the vendor's records. Then propose a figure that reflects the reduced count.
What a counter contains
- The reference number, and confirmation that the listed numbers are suppressed.
- For each disputed row: why, and the record that shows it. Consent form, scrub report, reassigned-numbers check, vendor log.
- For the rows that stand: a proposed figure, or acceptance.
- The release terms you want: every listed call and text named, the period, no admission, confidentiality if you want it.
- If you need instalments, the schedule.
What does not move the figure
"We only called a few people." The figure is per call, not per matter. "We stopped." Stopping prevents new violations and resolves none. "A lawyer would cost you more than this." The sender's counsel works on contingency. "It was the vendor." True, and not a defence; see vendor liability.
Ask for the release at the same time
A figure without release terms is half a deal. Ask for the draft release with the counter, so that the money and the words are agreed together. See does paying admit guilt.
People also ask
Can I ask to pay in instalments?
Ask. Many senders will agree to a short schedule, with the release effective on the final payment. Get the schedule and the consequence of a missed payment in writing.
Should I make the first offer?
Make it with evidence. A counter that says "consent attached for numbers 2, 5 and 7, we propose a figure for the remaining five" is a negotiation. A bare number is a guess.
Should I negotiate by phone?
In writing. A call leaves no record you control. If you speak, confirm every term in writing the same day.