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Unfortunately, getting unknown and unsolicited calls all day is a part of life for many individuals. Most of the time people wonder how these companies even got their contact information and if there is something they can do to stop the harassing robocalls at all hours. Fortunately, you can take legal action against robocalls by sending a demand letter. A demand letter is a letter outlining a set of requests you would like the other party to fulfill. To learn how to write a robocall demand letter, and for a sample robocall demand letter read the article below.
Did you know we have a free tool powered by AI that helps you create a demand letter? Check out our demand letter tool.
What are Robocalls and Are They Legal?
If you answer the phone and hear a pre-recorded message instead of a live person, it's a robocall. Most of the time these robocalls involve a sales pitch and odds are these calls are illegal or a scam. This is because under federal law companies need your written agreement to contact you via pre-recorded messages. However, a few types of robocalls are allowed by the Federal Trade Commission (FTC). For example, political calls about candidates running for office or charities asking for donations.
If you are receiving robocalls without your permission the companies sending the robocalls are acting illegally under the FTC and violating the Telephone Consumer Protection Act (TCPA). Under the TCPA it is unlawful to start any telephone call to a residential telephone number using an “artificial or prerecorded voice” without the prior express consent of the person who was called.
We wrote a entire article about your rights against Telemarketers and the TCPA.
Why is Sending a Robocall Demand Letter Important?
Most companies that make robocalls, especially robocalls that are scams, don’t want to be taken to court, because they either know what they are doing is wrong or simply do not want to go through the lawsuit process. That is why sending a demand letter can be very effective against robocalls. Here are three additional reasons we recommend sending a robocall demand letter before filing a lawsuit:
Depending on what state you are filing a small claims court lawsuit in, you may be required to demand payment from the other party before filing. A robocall demand letter is an effective way of completing this requirement.
Sending a written robocall demand letter assures you there is a record of your demand to have the robocalls stopped. So while demands can be made orally, we recommend written demands. There is also no restriction on text messages, but writing a letter can sometimes be very effective as it is a more formal way of sending making a demand to the other party.
The robocall demand letter may lead to a settlement without further legal action or costs.
What to Include in Your Robocall Demand Letter
Unsure of what to include in a demand letter for robocalls? Below we have included a sample demand letter as well as some considerations.
Here are a few suggestions of what to include in your demand letter:
Include details about the robocalls. Look through your call logs so you can include the exact dates and times you received the robocalls. Also, attach a snapshot of your phone log with the highlighted calls to the demand letter.
If your number was on the national “do not call” list include this information in your demand letter. Also, include a snapshot or other documentation showing your registered number on the “do not call” registry.
Count out all of the TCPA violations as the TCPA allows you to collect a fine for each separate offense, cite to the TCPA sections violated. For example, your phone number is registered in the national “do not call” registry but you have been receiving robocalls from telemarketing companies. You would need to cite the section of the TCPA that makes calling registered “do not call” phone numbers a violation.
Include your contact information so that the company sending robocalls can reach you in case they would like to accept your offer. The best way to communicate with the company is in writing, include an email address along with any other form of communication you are comfortable with.
Include where you would like to receive payment, this should be your mailing address as the company sending the robocalls will likely mail a check to you.
Include a deadline to respond to you. You may want to consider giving the company 14 days to respond to you and state that if they do not respond within that time, you intend to sue them.
Once you have sent the robocall demand letter, keep it for your records. You can bring it to the small claims court hearing and show it to the judge. This is especially handy if the telemarketing company states they didn't receive the letter.
Sample Robocall Demand Letter
Below is a free robocall demand letter template so you can skip finding a template on Reddit. You can also use this as a TCPA demand letter template as it also discusses TCPA violations that the company making the robocalls have committed. You can use this robocall demand letter template as a guide for your own demand letter. However, it is crucial you use as many case-specific details when writing your own robocall demand letter instead of generic or unrelated information.
How to Send a Robocall Demand Letter
We recommend sending your robocall demand letter via email or mail. For letters that you mail, consider the following:
Tracking. Make sure to track your robocall demand letter. With tracking, you will know if the letter reached the telemarketing company.
Signature Required. You do not necessarily need a signature request. When you send a letter with a signature request, the postal carrier must hand-deliver the letter and the telemarketing company must sign the letter.
Next Steps After Sending a Robocall Demand Letter
Did you send a robocall demand letter to a telemarketing company but did not get a response or worse you are still receiving robocalls from them? At this point, you may want to consider taking the telemarketing company sending you robocalls to small claims court.
Small claims courts handle a variety of cases at a low cost. This is because small claims courts were intended to be affordable and user-friendly. In some small claims courts, attorneys are not even allowed to represent you. Consider filing a small claims lawsuit against telemarketing companies sending you robocalls especially if the company continues to harass you even after you have informed them of their illegal actions.
Legal Educator @ People Clerk. Claudia holds a J.D. degree and is a certified mediator in New York and Florida. She has participated in dozens of small claims mediations in New York City courts.