A pre-litigation demand from LAC Litigation & Enforcement Group LLC is not a form letter and not a mass mailing. It was issued after every call and text it lists was recorded, timestamped, attributed to your business and reviewed against the Telephone Consumer Protection Act, 47 U.S.C. § 227, the FCC’s rules at 47 C.F.R. § 64.1200 and, where the number is in Florida, the Florida Telephone Solicitation Act. Here is what to do, in order.
1.Read the whole letter and note the deadline.
The demand lists each call or text message with the number, date, time and content; the provision of the Telephone Consumer Protection Act or the FCC’s rules that each one breaches; the statutory damages that attach; and a deadline for resolution. The deadline is the date everything else runs from. Write it down.
2.Confirm it is genuine.
Three things identify a real LAC demand.
- A reference. Every demand carries one. Quote it and we confirm the matter and its deadline in writing.
- Our domain. LAC corresponds from lacadvocacy.com and from the address printed on the letter, never from free webmail accounts.
- Specific calls and texts. A genuine demand lists the number called, the date and time, the content and the Do Not Call Registry status for each contact. A letter that threatens without listing anything is not from us.
LAC never asks for payment by gift card, cryptocurrency or transfer to an individual. If in doubt, write to info@lacadvocacy.com with the reference.
3.Preserve your records.
Call and text logs, dialer and messaging-platform data, lead sources and the consent records attached to them, vendor and call-center contracts, your internal do-not-call list, and your do-not-call policy and training records. The letter gives notice that litigation is possible. From that point, destroying or altering records can carry serious consequences in court. Keep everything, including records that help your position.
4.Find out who made each call or text.
Match every listed contact against your own systems. Was it your staff, an outsourced call center, an affiliate, or a lead generator working on your behalf? Under the TCPA a business can be liable for calls made on its behalf, so the answer does not remove liability, but it tells you what records exist, whether consent was collected, and whether a vendor contract covers indemnity.
5.Decide: resolve or dispute.
- To resolve the matter, follow the steps in the demand. A matter resolved at this stage goes no further.
- To dispute it, say which calls or texts you dispute and why, and send the records that support your position. If a listed contact was not made by or for your business, say so and send the records that prove it. Every written response is reviewed.
A response that disputes nothing specific and asks only for a lower figure is not a dispute. A reply through counsel is handled exactly the same way as a reply from the business.
6.Reply in writing before the deadline.
Write to info@lacadvocacy.com. Quote the reference, and name the person authorised to respond for the business. LAC corresponds in writing only, so that everything is on the record for both sides. Any request for an extension or for records should be raised before the deadline, by replying to the reference on the notice.
7.Know what follows if the deadline passes.
- The offer is withdrawn. Resolution on the terms of the demand is no longer available.
- The matter may be referred to a partner TCPA law firm. The full record goes with it, including every call, text and timestamp.
- Suit may be filed. In federal or state court, at the partner firm’s discretion.
- Discovery reaches your systems. Dialer data, messaging-platform logs, lead sources, vendor contracts and your internal do-not-call list.
- Willful violations can be trebled. Up to three times the statutory damages, per violation.
Ignoring a demand doesn’t make it go away. The record does not change, and neither does the deadline.
8.Questions
The questions businesses ask most, answered on the FAQ:
- Is a demand letter from LAC real, or is it a scam?
- Does the TCPA apply if a vendor or lead generator made the calls?
- We had consent. Does that end the matter?
- Can I get an extension?
- What does the Florida Telephone Solicitation Act add?
- What happens if I ignore the letter?
Longer reads: a demand from a TCPA enforcement firm, is it real and what do I do, should you settle a TCPA demand letter, and what happens if you ignore one.
The authorities cited in every demand are collected under Authorities. The conduct the Act prohibits is set out under What counts as a violation.