Got a TCPA Letter

Start / Do not do this

Do not do this.

Seven things people do in the first week that make a TCPA demand letter worse: keep calling, delete records, phone the sender to argue, pay in a panic, write a long explanation, hand it to the vendor, decide it is a scam because a forum said so. All of them feel reasonable at the time. All of them cost more than the letter.

1. Keep calling

You have a campaign running. The letter names one person. The temptation is to pull that one number and carry on. Every call made after the letter arrived is a call made with notice. That is the fact a court uses to treble damages from $500 to $1,500. Pause the campaign, or at least the list it ran on, until someone has looked at consent.

2. Delete anything

Call logs, dialer exports, the lead file, the vendor emails, the text history. Deleting records after a claim arrives can be treated as destroying evidence. Courts punish it on its own, separately from the claim, and a jury is allowed to assume the deleted thing was bad for you. Keep everything. Tell your team and your vendor to keep everything. Do it in writing, today.

3. Phone the sender to argue

You will say things. "We only called a handful of people." "The vendor said the list was clean." "We did not know." Each of those is an admission: that calls were made, that a vendor was used, that consent was never checked. The person on the other end writes it down. You get nothing back you can rely on. There is a whole page on this: should I call them?

4. Pay today to make it go away

Paying before you have checked the calls, read the release, and understood what the payment covers is how people pay a scam, or pay a real claim and get a release that covers one phone number while the campaign that produced it keeps running. A real sender will still be there next week. Verify first, then read the release, then decide.

5. Write a long letter explaining yourself

A written explanation is a phone call that lasts forever. The narrative of what happened, who made the calls, and why you thought it was fine goes on file and comes out in discovery. If a reply is needed before you have a lawyer, it is three lines: received on this date, reviewing, all rights reserved.

6. Tell your vendor to handle it

The letter is addressed to you because the calls were for your business. The claimant does not have to chase your vendor and usually will not. Your vendor's interest is in it not being their fault. Ask them for the records, in writing. Do not hand them the matter.

7. Decide it is a scam because a forum said so

Forum threads about demand letters are written by people who did not get sued, or by lawyers who want a retainer. Neither has your call logs. Twenty minutes of checking the registry and matching the calls is worth more than a hundred replies. That page is is this a scam?

The letter is a fixed number. Every one of these turns it into a variable.

Already done one of them?

Stop doing it. If you called the sender, write down what was said while you remember. If you deleted something, tell your lawyer first, before anyone else finds out. If you paid, keep every record of the payment and ask for the written release if you do not have one. If you kept calling, stop now and note the date. None of these is fatal on day one. All of them are worse on day thirty.

Short version

What is the worst thing to do after a TCPA demand letter?
Keep calling the same list. Calls made after the letter are calls made with notice, and that is the usual basis for a court trebling damages to $1,500 per call. Second worst is deleting records.
Is it illegal to delete call records after a demand letter?
Destroying evidence relevant to a claim you know about can be sanctioned by a court regardless of whether the claim succeeds, and a jury may be told to assume the records were unfavourable. Keep everything once a letter arrives.
Can I just explain what happened to the sender?
You can, and the explanation becomes evidence. Statements about how many calls you made, who made them and whether consent was checked are admissions. Keep any reply to receipt, review and a reservation of rights until a lawyer is involved.
Should my vendor deal with the letter?
No. The claim is against the business the calls were made for. Ask the vendor for records and keep the contract, but keep control of the response.

Updated 2026-11-03. Cites 47 U.S.C. § 227 and 47 C.F.R. § 64.1200. General information, not advice about your letter.