When the calls did not stop after the cease and desist, or money was taken that should not have been. The step before anyone talks about filing anything.
A demand letter is a cease and desist that has stopped being polite. It says: here is what
happened, here is the record, here is what I want, here is the date by which I want it. Most
of its value is that it forces someone above the call floor to read a file, and it puts a
dated, specific set of facts in front of them before anyone spends money on lawyers.
Two rules make this letter work. Be specific — dates, numbers, amounts, what was said.
And only say what you can prove. A demand letter that overstates the facts hands the
other side its first easy win, and a demand letter that overstates the law hands them the
second.
Read this first. MCAFax is not a law firm and this is not legal advice. These are
starting points written in plain language — facts, dates and dollar figures are yours to fill in,
and every claim you make in a letter should be one you can prove. If real money is on the line,
or if anyone has threatened suit, have a lawyer in your state read it before you send it.
Before you send this, talk to a lawyer. Genuinely — more than for any other template
here. Whether any statute applies to your calls depends on facts about your line, your state
and your prior dealings; statutory-damages figures are not a menu; and a demand for a
specific dollar amount is a step with consequences. Many lawyers in this area will look at a
well-organized log for free, because a good record is what makes a case worth taking.
The letter
[DATE][YOUR NAME][YOUR BUSINESS NAME][YOUR MAILING ADDRESS][COMPANY NAME]
Attn: Legal / Compliance
[COMPANY ADDRESS]
Sent by [CERTIFIED MAIL / EMAIL TO compliance@... / BOTH]
Re: Demand — continued contact after written cease and desist dated [DATE OF C&D]
To whom it may concern,
On [DATE] I sent your company a written instruction to cease all contact
with me and with [YOUR BUSINESS NAME], and to place my number on your
internal do-not-call list. A copy is enclosed. That letter also revoked any
consent you may claim.
Since that date, I have received [NUMBER] further contacts from your
company or from parties acting on its behalf:
[DATE, TIME, NUMBER, CHANNEL, WHAT WAS SAID][DATE, TIME, NUMBER, CHANNEL, WHAT WAS SAID][DATE, TIME, NUMBER, CHANNEL, WHAT WAS SAID][IF MONEY IS AT ISSUE: On DATE, $AMOUNT was debited from account ending LAST 4. That debit was not authorized because ...]
You did not respond to my request for a copy of your written do-not-call policy,
which telephone solicitors are required to maintain and make available on demand
under 47 C.F.R. § 64.1200(d). [DELETE IF THEY DID RESPOND]
I am demanding, within [14] days of the date of this letter:
1. Written confirmation that all contact has permanently stopped and that my
information has been placed on your internal do-not-call list and removed
from every list you or your vendors maintain.
2. A copy of your written do-not-call policy.
3. Identification of the lead source and any consent record relied on for the
contacts listed above.
4. [IF MONEY IS AT ISSUE: Return of $AMOUNT debited on DATE.]
5. [OPTIONAL — ONLY WITH COUNSEL: Compensation of $AMOUNT for the contacts listed above.]
Contact made after a written revocation may violate applicable state or federal
law, including — where it applies — the Telephone Consumer Protection Act, which
provides for statutory damages of $500 to $1,500 per violation, and applicable
state telemarketing statutes. I have preserved a dated record of every contact,
including [voicemails / screenshots / call logs].
I would prefer to resolve this without involving a court or a regulator. If I do
not have a written response by [DATE], I will proceed accordingly, and I
have retained the records described above for that purpose.
All further communication should be in writing to the address above.
[YOUR NAME][TITLE][YOUR BUSINESS NAME]
Enclosures: [Copy of cease and desist letter dated DATE; call log]
What to leave out
A damages number you made up. Multiplying calls by $1,500 in a letter you wrote
yourself reads as bluster, and it invites a response about why the statute may not apply to
your line at all. Either leave the number out, or have a lawyer put it in.
Facts you cannot document. If you did not log it, do not list it.
Threats about anything other than lawful steps. Filing complaints and consulting
counsel are lawful steps. Publicity campaigns, contacting their customers and anything that
reads as leverage rather than a remedy will be the paragraph their lawyer quotes.
Anger. The version of this letter that works is boring. Dates, amounts, deadline,
signature.
Where to send the same facts if the letter goes nowhere:
the complaint map.
The reporting is open. The network isn't — yet.
MCAFax is being built to do the thing you can't do from inside the room: make the phone stop. Members will check any broker against a shared, member-built database and send cease & desist letters from their own Gmail, with delivery proof on every one. Some laws, like the TCPA, put statutory damages on illegal calls — whether they apply to yours depends on your situation, and business lines get less protection than home ones. We're not a law firm. Sign-ups aren't open yet; the newsroom is, and it's free to read.