How long after a demand letter does a TCPA lawsuit come?
There is no fixed interval. After the deadline passes without a reply, the matter is usually referred to litigation counsel, who can file at any point within four years of the calls. Some file within weeks; some wait.
There is no set period. The sequence is usually: the deadline on the letter passes, the sender refers the matter to a law firm that handles TCPA litigation, and that firm files a complaint in the name of the person called at a time of its choosing, which can be anywhere inside the four-year limitation period under 28 U.S.C. § 1658(a). Some firms file within weeks of referral. Some hold matters and file in batches. Silence after the deadline does not mean the matter has gone away.
What changes on referral
Three things. The demand-stage figure, set below statutory exposure to close the matter cheaply, is withdrawn. The forum moves from private correspondence to a public court docket. And the other side is now a litigator whose work is to file and prosecute, not a sender whose work was to resolve.
What a filed case brings
Discovery. The business must produce dialer logs, lead sources, consent records, vendor contracts, scripts and do-not-call policies, which show every other person the campaign reached. That is how one recipient's claim becomes a class claim; see could one demand letter become a class action. Defence costs are paid by the business from the first filing, win or lose, since the TCPA has no fee award for a prevailing defendant and most general liability policies exclude the claim.
The practical answer
Treat the letter's deadline as the date by which a written reply must exist, even if the reply is a request for time or a dispute with records. A business that engages in writing before the deadline stays at the stage where the matter is cheapest to resolve or to contest on the evidence. See what happens if I ignore it.
People also ask
Will I get a second letter first?
Often, but not always. A second notice is a courtesy, not a requirement. Treat the first letter as the only one you are promised.
How will I know if a case is filed?
You will be served with a summons and complaint, by a process server or by mail depending on the court. The case will also appear on PACER if federal, or the state court docket.
Can a lawsuit be filed if I replied?
Yes, if the matter is not resolved. A reply that disputes with evidence keeps the matter at the demand stage for as long as the sender is reviewing, but it does not bar filing.