TCPA Answers
Ignoring

What if I just do nothing about a TCPA demand letter?

The claim does not go away. The deadline passes, the demand-stage figure is withdrawn, the matter is referred to litigation counsel, who can file within four years, and every call to the listed numbers after the letter is a knowing violation worth up to $1,500.

Ignoring a TCPA demand letter does not end it. The date on the letter passes, the sender withdraws the demand-stage figure and refers the matter to litigation counsel, and counsel can file a complaint in federal or state court at any point within the four-year limitation period under 28 U.S.C. § 1658(a). In the meantime every call or text to a listed number is made with knowledge that the number should not be called, which is the test for trebling damages to $1,500 per violation under 47 U.S.C. § 227(b)(3) and § 227(c)(5).

The sequence

  1. The discount goes. A demand-stage figure is below the statutory exposure because resolving early saves the recipient time and cost too. Once referred, the figure moves toward the statute.
  2. The matter becomes public. A filed complaint is on a docket. A search of your business name may return it.
  3. Discovery opens the campaign. Dialer logs, lead sources, consent records, vendor contracts, scripts and do-not-call policies must be produced. They show every other person the campaign reached, which is how one claim becomes a class claim.
  4. Defence costs are yours. No fee award for a winning defendant; most general liability policies exclude the claim.
  5. Personal exposure stays open. Officers who directed the calls have been held personally liable in several circuits; see can I be personally liable, or is it just the company.

The one thing to do today, whatever else you decide

Suppress every listed number in every system you and your vendors use. It costs nothing and it removes the most expensive category of violation. Then reply in writing before the deadline: a request for time, a dispute with records, a proposal, or an acceptance. If the calls are in your logs and consent is missing, that reply is usually a proposal to settle. See getting an extension.

People also ask

Do senders actually sue?

Senders refer; litigation counsel files, in the name of the person called. Whether a given matter is filed depends on the firm, the count and the evidence. Plan on the basis that it can be.

Is ignoring an admission?

Silence is not an admission. Calls that continue after the letter are. The letter is notice, and continued contact after notice is the main thing a court looks at when trebling damages.

What should I do instead?

Reply in writing before the deadline, even if the reply only asks for time or disputes with records. A written reply keeps the matter at the stage where it is cheapest to resolve or to contest.