Why did my business get a letter?
Someone says your business called or texted them in a way the TCPA does not allow. The letter is their way of asking you to settle it before anyone goes to court.
What the letter is
It is called a demand letter. It is not from a court. Nothing has been filed. It is a private letter that says: here is what you did, here is the law, here is what we want, here is the date.
A real one lists specific calls or texts. The phone number. The date. The time. Sometimes what the message said. That list is the heart of the letter.
Who sends them
Three kinds of people.
- A lawyer, working for the person who got the calls.
- A company that keeps phone numbers on the Do Not Call list, records the calls that come in, and sends letters. If the letter is not answered, they hand it to lawyers who can sue.
- The person themselves, if they know the law.
A company that is not a law firm cannot sue you by itself. But the claim belongs to the person who got the call, and that person can sue, or a lawyer can sue for them. So the letter is real even when the sender is not a law firm.
Why it was you
Usually one of these.
- You bought a list of phone numbers and called or texted it. The people on the list never said yes to you.
- A company you hired to make calls or send texts broke the rules while working for you. The law still points at you.
- Your dialer or texting software sent recorded or automated messages without written permission.
- Someone told you to stop and the messages kept coming.
- You called numbers on the Do Not Call Registry without checking.
In almost every case, the problem is that nobody can find proof the person said yes.
How to check it is real
Look up the company that sent it in its state's business records. Check that its website matches the letter. Check that the letter lists real calls on real dates. Then look at your own call records for those numbers.
A fake letter has no real company behind it, lists no specific calls, and asks to be paid by gift card or crypto. A real letter is the opposite on all three.
What to do today
Do not delete anything. Turn off any setting that deletes old call or text records. Do not call the sender while you are angry. Find the calls in your records. Then read what it could cost and what happens next.
Short questions
The sender is not a law firm. Is the letter fake?
Not because of that. The claim belongs to the person who was called. A company can document it and pass it to lawyers who sue.
We hired someone else to make the calls. Why is the letter to us?
The law holds a business responsible for calls made for it. You may be able to get money back from the company you hired, but the letter is still yours to answer.
We only texted a few people. Why is the number so high?
The law counts each message. Ten texts is ten violations. See what it could cost.
Should I call the number in the letter?
Not yet. Check the company first, find your records, and reply in writing.