Toolkit · Consumer Protection
The Robocall and Unwanted Contact Claim Toolkit
47 U.S.C. § 227
- Type
- Toolkit
- Jurisdiction
- National
- Date
- 2024-10-25
- Topic
- Consumer Protection
This toolkit collects the working documents for unwanted calls, texts, and faxes, on both the consumer and the business side. The consumer items include a call log template, a verbatim revocation script, a written revocation and do-not-call letter, a reassigned-number notice, a voicemail and screenshot preservation protocol, a violation counting worksheet, a demand letter, and complaint outlines for the FCC, the FTC, and a state attorney general. The evaluation items include a defendant assessment sheet and a settlement valuation worksheet. The business items include a consent record audit sheet, a vendor sample-record demand, a suppression architecture audit, a campaign pre-launch checklist, and a litigation hold notice for a demand or class complaint. Each item is drafted to be adapted, with bracketed fields marking what must be supplied and warnings marking the omissions that cost the most.
The Robocall and Unwanted Contact Claim Toolkit
Consumer Protection > Telemarketing and Unwanted Contact | Published 25 October 2024 - Updated 25 October 2025 | UpLaw - uplaw.us
⚠ These are templates. State telemarketing statutes vary widely, and several are stronger than federal law. Check yours before relying on federal remedies alone.
Tool 1 — Call log template
| # | Date | Time | Number shown | Answered | ⭐ Recording? | Product offered | Company named | Stop request | Voicemail saved |
|---|---|---|---|---|---|---|---|---|---|
| ☐ | ☐ | ☐ | ☐ | ||||||
| ☐ | ☐ | ☐ | ☐ | ||||||
| ☐ | ☐ | ☐ | ☐ |
Header block: ☐ Number affected: ____________ · Landline ☐ Cell ☐ ☐ Date registered on the national Do Not Call registry: ____________ ☐ Date of first stop request, and method: ____________ ☐ Companies identified: ____________ ☐ Backup location for voicemails and screenshots: ____________
⭐ The two columns that decide claims are "Recording?" and "Stop request." The first establishes the prerecorded-voice element under 47 U.S.C. § 227, which does not depend on dialing technology. The second marks the boundary after which every call is both a violation and evidence of willfulness.
Tool 2 — Verbatim revocation script
"I am revoking any consent to be contacted at this number, for any purpose, by you or by anyone calling on your behalf. Please place this number on your internal do-not-call list.
What is your name? What is the full legal name of the company you are calling for? What is its mailing address?
Please send me written confirmation that this number has been added to your do-not-call list."
Immediately after the call, write down: ☐ Date and time ☐ Agent name given ☐ Company name given ☐ Whether written confirmation was promised or refused ☐ ⚠ Whether the agent claimed revocation must be made only in a specific way — note the exact words; a caller may not designate an exclusive method of revocation
Tool 3 — Written revocation and do-not-call letter
[Date] — [Company], [address], sent by [certified mail / email with read receipt]
Re: Revocation of consent and internal do-not-call request — [telephone number]
I revoke any consent, express or implied, previously given to receive telephone calls or text messages at [number]. This revocation covers calls made using an automatic telephone dialing system, calls using an artificial or prerecorded voice, marketing calls and texts of every kind, and calls made by any affiliate, vendor, lead generator, or other party acting on your behalf.
I request that [number] be placed on your internal do-not-call list maintained under 47 C.F.R. part 64, and that you confirm in writing that this has been done.
Record of prior requests. On [date] at approximately [time] I made this same request orally to a representative identifying as [name]. Calls have continued since that date.
Notice. I am aware that 47 U.S.C. § 227 provides statutory damages of $500 per violation, and up to $1,500 per violation where the violation is willful or knowing. I am maintaining a log of all further contact.
[Name, address, date]
☐ Keep a copy and proof of sending. ☐ ⭐ Every call after this letter is documented, attributed, and arguably willful. That is the letter's entire purpose.
Tool 4 — Reassigned number notice
[Date] — [Company]
Re: Reassigned telephone number — [number]
The number [number] was assigned to me by my carrier on or about [date]. I am not [name of prior subscriber], I have no account or relationship with you, and I have never given consent to be contacted at this number.
Any consent you hold was given by a different person. Consent does not run with a telephone number. I revoke any consent you may believe applies and request that this number be placed on your internal do-not-call list immediately.
I am logging all further contact.
[Name, address, date]
⚠ This letter establishes actual notice, which defeats reliance on the reassigned-numbers database safe harbor from that date forward.
Tool 5 — Preservation protocol
☐ ⚠ Export every voicemail off the phone the day it arrives. Phones auto-delete; carriers purge. ☐ Save each voicemail with a filename containing the date and the calling number. ☐ Screenshot every text with the sender number and timestamp visible. ☐ Screenshot your STOP reply and any confirmation. ☐ Download the carrier's call detail records for each affected month. ☐ Save the Do Not Call registry confirmation email. ☐ Save copies of every letter or email sent to a seller. ☐ Back everything up to a second location — cloud storage and a computer. ☐ ⚠ Check your state's call recording law before recording anything. Some states require the consent of all parties.
Tool 6 — Violation counting worksheet
| Category | Authority | Count | × Rate | Subtotal |
|---|---|---|---|---|
| Prerecorded or artificial voice to a cell number | 47 U.S.C. § 227 | $500 | ||
| Prerecorded voice to a residential line | 47 U.S.C. § 227 | $500 | ||
| ⭐ Calls after a documented stop request | 47 C.F.R. part 64 | up to $1,500 | ||
| Telemarketing calls to a registered number | 47 C.F.R. part 64 | $500 | ||
| Text messages in any category above | 47 U.S.C. § 227 | $500 | ||
| Fax advertisements with a defective opt-out notice | 47 U.S.C. § 227 | $500 | ||
| Misleading caller identification | 47 U.S.C. § 227; 47 U.S.C. § 501 | varies | ||
| State statute claims | [state law] | varies | ||
| State UDAP claims | [state law] | varies | ||
| Total |
☐ ⭐ A single call can violate more than one provision. Count each theory separately and let counsel decide how they stack. ☐ ⚠ Federal limitations period is four years; state periods are frequently shorter. ☐ Note the carrier and wireless-service framework at 47 C.F.R. part 20 and 47 C.F.R. part 22, spectrum services at 47 C.F.R. part 27, equipment rules at 47 C.F.R. part 68, procedure at 47 C.F.R. part 1, and carrier responsibility at 47 U.S.C. § 217.
Tool 7 — Defendant assessment sheet
| Question | Entry |
|---|---|
| Product or service sold | |
| ⭐ Seller identified (the company whose product it is) | |
| Caller identified (dialer or lead generator) | |
| Seller's state of registration; registered agent | |
| Is the seller a real, solvent business? | ☐ |
| Did the seller accept and fulfill orders from this campaign? | ⭐ ☐ ratification evidence |
| Are the calls attributable to a vendor acting for the seller? | ☐ |
| Do you have any prior relationship with the seller? | ☐ |
| Did you ever submit a form or quote request in this industry? | ☐ |
| ⭐ Did you revoke, and can you prove it? | ☐ |
| Number of calls before revocation | |
| Number of calls after revocation | |
| Voicemails preserved | ☐ |
| Screenshots preserved | ☐ |
| Registry confirmation preserved | ☐ |
⭐ The seller is the defendant that matters. The dialer is often offshore and judgment-proof; the seller is liable for calls made on its behalf and has assets.
Tool 8 — Demand letter
[Date] — [Seller], [address], sent by certified mail
Re: Demand — unlawful calls to [number]
Between [date] and [date], I received [number] calls and [number] text messages at [number] promoting [product/service]. [Number] of those messages used an artificial or prerecorded voice. [Number] were received after I revoked consent on [date] and requested placement on your internal do-not-call list. My number has been on the national Do Not Call registry since [date].
These contacts violate 47 U.S.C. § 227 and the rules at 47 C.F.R. part 64, and appear also to violate the Telemarketing Sales Rule, 16 C.F.R. part 310, promulgated under 15 U.S.C. § 6101 and 15 U.S.C. § 6102.
A seller is liable for calls made on its behalf. If these calls were placed by a vendor or lead generator, that does not relieve you of liability.
Enclosed: a log of every contact; copies of preserved voicemails and screenshots; my registry confirmation; and my revocation notice dated [date].
Demand. I request (1) immediate and permanent cessation of all contact; (2) written confirmation that [number] has been added to your enterprise-wide suppression list; (3) production of the consent record you rely on for this number, including the page version, the disclosure text shown, the date and time, and the acceptance evidence; and (4) resolution of my claim for statutory damages.
Please respond by [date, 21 days out]. I am preserving all evidence and am prepared to pursue this claim.
[Name, contact]
☐ ⭐ Item (3) is the request that decides the case. A company that cannot produce a real consent record for your number usually cannot produce one for anybody. ☐ Send it to the seller, not the dialer. ☐ Keep proof of delivery.
Tool 9 — Regulator complaint outlines
FCC COMPLAINT
Number receiving calls: [ ] · Type: [cell / landline] Registered on the national registry since: [ ] Date range of calls: [ ] · Total calls: [ ] Were recordings or artificial voices used: [ ] Numbers displayed: [list] Company and product identified: [ ] Stop requests made, with dates: [ ] Calls received after the stop request: [ ] Description: [factual narrative, dates first]
FTC COMPLAINT
Same facts, plus: what was offered; what disclosures were or were not made at the outset; whether payment was requested and by what method; whether an advance fee was requested; whether the caller identified itself and the seller; and the calling times.
STATE ATTORNEY GENERAL COMPLAINT
Same facts, plus the state statute you believe applies and whether you are requesting a referral or an enforcement action. ⭐ Ask specifically whether your state's do-not-call statute provides private damages.
☐ Keep every confirmation number; complaint history supports willfulness. ☐ FTC authority: 15 U.S.C. § 45; state enforcement authority: 15 U.S.C. § 6103; definitions: 15 U.S.C. § 6106; private federal TSR actions require an amount threshold: 15 U.S.C. § 6104; relationship to the FTC Act: 15 U.S.C. § 6105. ☐ Unwanted commercial email: 15 U.S.C. § 7701, 15 U.S.C. § 7702, 15 U.S.C. § 7703, 15 U.S.C. § 7704, 15 U.S.C. § 7706; 16 C.F.R. part 316. Pay-per-call: 15 U.S.C. § 6151, 15 U.S.C. § 6152, 15 U.S.C. § 6153.
Tool 10 — Settlement valuation worksheet
| Factor | Entry | Effect |
|---|---|---|
| Total logged violations | Base exposure | |
| Violations after a documented stop request | ⭐ Supports the enhanced rate | |
| Quality of the record (voicemails, screenshots) | ☐ Strong ☐ Mixed ☐ Thin | Drives discount |
| Seller identified and solvent | ☐ | ⭐ Determines collectibility |
| Seller's consent record produced | ☐ Yes ☐ No ☐ Inadequate | ⚠ Inability to produce drives settlement |
| Class potential (same defect, many recipients) | ☐ | Multiplies exposure |
| Arbitration clause asserted | ☐ | ⚠ Significant discount |
| State statute available (damages, fees) | ☐ | Increases value; may shift fees |
| Limitations exposure | ⚠ Older calls may be barred | |
| Injunctive relief sought | ☐ | Often worth more than money |
| Assessed range |
⚠ Do not sign a release before counting violations and asking for the consent record. An early offer usually signals that the company already knows the record does not exist.
Tool 11 — Business consent record audit sheet
For each number in a campaign, the record should contain:
| Field | Present? |
|---|---|
| Telephone number | ☐ |
| Date and time of consent | ☐ |
| Specific page, form, or document, with version identifier or captured image | ☐ |
| ⭐ Exact disclosure language displayed | ☐ |
| Statement authorizing autodialed or prerecorded telemarketing calls | ☐ |
| ⚠ Statement that consent is not a condition of purchase | ☐ |
| The specific number to be called, as entered | ☐ |
| Signature, checkbox action, or electronic acceptance evidence | ☐ |
| IP address or device identifier | ☐ |
| Entities to which consent extends, by name | ☐ |
| Subsequent revocations and processing dates | ☐ |
⚠ A spreadsheet with a column reading "consent: Y" is not a consent record. It will not survive a motion, and the same defect applies to every number on the list.
Tool 12 — Vendor sample-record demand
[Date] — [Lead vendor / dialing vendor]
Re: Pre-campaign consent record verification — [campaign / list ID]
Before [Company] uses the list referenced above, please produce complete consent records for ten numbers we will select at random from the list.
Each record must include: the telephone number; the date and time of consent; a captured image or version identifier of the page or form; the exact disclosure text displayed; evidence of the consumer's affirmative acceptance; the IP address or device identifier; and the list of entities to which consent extended on that date.
Please also confirm: the original source of each number; every intermediate party through which the lead passed; whether the list has been scrubbed against the national registry and on what date; and whether the reassigned numbers database has been queried.
Under Section [ ] of our agreement, [Company] is entitled to audit these records on demand. Production is a condition of our use of the list.
[Name, contact]
⭐ A vendor that cannot produce ten records cannot produce ten thousand. This one request prevents most business-side liability, and it costs nothing.
Tool 13 — Suppression architecture audit
| Question | Status |
|---|---|
| Is there one enterprise-wide suppression list? | ☐ |
| Does it receive text STOP replies automatically? | ☐ |
| Does it receive call-center requests? | ☐ |
| Does it receive web form and chat requests? | ☐ |
| Does it receive email replies? | ☐ |
| Does it receive point-of-sale and in-person requests? | ☐ |
| ⚠ Is any exclusive method of revocation imposed anywhere? | ☐ must be no |
| Documented processing window from request to suppression | |
| Does suppression apply across brands and affiliates? | ☐ |
| Does it apply to vendors and lead generators? | ☐ |
| Are registry scrubs run before every campaign and retained? | ☐ |
| Is the reassigned numbers database queried and the result retained? | ☐ |
| Are calling hours enforced by the recipient's local time? | ☐ |
| Are abandoned-call limits enforced with a compliant identification message? 16 C.F.R. part 310 | ☐ |
| Is the seller identified at the start of every call? | ☐ |
| Do fax advertisements carry a compliant first-page opt-out notice? | ☐ |
| Retention period for consent, suppression, and call detail records |
⭐ Nearly every business violation traces to one root cause: the stop request never reached the system that placed the next call. This table is the fix.
Tool 14 — Litigation hold notice
PRIVILEGED AND CONFIDENTIAL — LEGAL HOLD
To: [marketing, call center, IT, vendor management, compliance] · Date: [ ]
Re: Preservation obligation — [claim / campaign]
[Company] has received [a demand letter / a complaint] concerning telephone or text contact. Preserve all records relating to the campaigns identified below, effective immediately.
Preserve: call detail records; text message logs; consent records and the underlying page versions; suppression list entries and timestamps; registry scrub records; reassigned-numbers database queries; scripts and message text by version; vendor contracts, invoices, and correspondence; lead purchase agreements and data source documentation; complaint logs; campaign approval records and result reports; and all related email and chat.
Do not: delete, alter, archive, or overwrite any of the above; allow automatic retention policies to run against these materials; or discuss this notice outside the recipients listed.
Suspend the campaigns identified until further notice. ⚠ Do not contact the claimant; route all communication through counsel.
Acknowledge receipt by [date].
☐ Send the vendor a parallel preservation demand under the contract. ☐ Notify insurers; some policies respond and many contain express exclusions. ☐ Assess how many other numbers share the same defect before responding to the demand.
Tool 15 — Campaign pre-launch checklist
☐ Consent records verified by random sample — Tool 12 ☐ Registry scrub completed and retained, with the version date ☐ Internal suppression list applied enterprise-wide ☐ Reassigned numbers database queried and result retained ☐ Message classified: telemarketing or informational (⭐ classify by purpose, not by sender) ☐ ⚠ If telemarketing, written consent with all three disclosures confirmed for every number ☐ If a recording or artificial voice will be used, confirm consent independently of any autodialer analysis ☐ Calling hours configured to the recipient's local time ☐ Seller identification included at the start of the script ☐ Opt-out instructions included in every text ☐ Abandoned-call rate and identification message configured — 16 C.F.R. part 310 ☐ Fax opt-out notice on the first page, if faxes are used ☐ Caller identification accurate — 47 U.S.C. § 227 ☐ Complaint monitoring in place, with a spike treated as a compliance event ☐ Records retention configured for the limitations period plus a margin
Tool 16 — Routing table
Closing card
⭐ Three items decide consumer claims: a saved voicemail, a screenshot of the STOP reply, and a log of what came after. Total effort, a few minutes a week.
⭐ Three items decide business exposure: a real consent record per number, one enterprise-wide suppression list, and a vendor that can produce ten records on demand.
⚠ One warning for both sides. The narrowed autodialer definition changed less than people think. The prerecorded-voice prohibition and the internal do-not-call rule never depended on dialing equipment, and together they account for most of the liability in this field.