DATE
TELEMARKETER NAME
ADDRESS
CITY, STATE, ZIP
Dear NAME:
On DATE and TIME, I received a call from a telemarketer who identified himself as AGENT NAME from TELEMARKETING COMPANY. At that time, I asked to be put on your company's Do Not Call (DNC) list. I had the agent read back my number and verify I was put on the DNC list. I asked for a copy of your DNC policy to be sent to me as well as the contact number and address of your company. (If they do not provide this add: I was not provided with a copy of the DNC or the company's contact information).
On DATE and TIME, I received another call from a telemarketer who identified himself as AGENT NAME from TELEMARKETING COMPANY. Again, I asked to be put on your company's Do Not Call (DNC) list. I again asked to be put on you DNC list and for the policy to be sent to me. This is the second call and can be allowed as a mistake.
On DATE and TIME, I received a third call from a telemarketer who identified himself as AGENT NAME from TELEMARKETING COMPANY. This is in violation of US Code according to 47 CFR #167;64.1200 Subpart L:
Failure to give contact telephone number or address
#167;64.1200(e)(2)(iv)
Failure to add my number to DNC list
#167;64.1200(e)(2)(iii)
Failure to honor DNC request
#167;64.1200(e)(2)(vi)
Failure to sent DNC policy
#167;64.1200(e)(2)(i)
No prior business relationship existed between TELEMARKETING COMPANY and myself, and I did not give permission to be called.
The Telephone Consumer Protection Act (TCPA) gives consumers a private right action for such calls.
#167;227(b)(3) of the TCPA provides:
(3) Private Right Of Action – A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State–
(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation,
(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, WHICHEVER IS GREATER, or (C) both such actions.
If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph." [emphasis added]
The term "willful" as defined in the Communications Act #167;312(f), does not require an intent to violate the law, only an intent to commit or omit the act in question.
I intend to file in court for $500 for each violation. The total number of violations brings the amount to DOLLAR AMOUNT. If you would prefer to resolve this matter without court fees and attorney's fess, you may remit the sum of DOLLAR AMOUNT to the following address. In exchange, I agree to forgive the violations that occurred on or before today, DATE, with the stipulation that my number be placed on your Do Not Call list. If I have not heard from you by 5:00PM on DATE + 30 DAYS, I will initiate a civil procedure and withdraw my settlement offer.
Sincerely,
YOUR NAME
ADDRESS
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