Consumer UDAP Demand Letter - Alaska

ALASKA UNFAIR OR DECEPTIVE ACTS DEMAND

Before you use this: Identify the exact practice, transaction, loss, and evidence. Select the injunction paragraph only if the recipient is the seller or lessor and the client seeks to stop an ongoing practice. A private injunction under AS 45.50.535 requires written notice of intent to seek that injunction and the seller's or lessor's failure to stop promptly after receiving notice.

Date: [__/__/____]

Sent by: ☐ First-class mail ☐ Certified mail ☐ Email ☐ Hand delivery ☐ Other [____]

To: [BUSINESS OR SELLER/LESSOR LEGAL NAME]

Address: [________________________________]

Email, if used: [________________________________]

From: [CLAIMANT OR COUNSEL NAME]

Return address and contact: [________________________________]

Re: Demand concerning [TRANSACTION OR PRACTICE] — AS 45.50.471

Dear [RECIPIENT]:

I represent [CLIENT NAME / MYSELF] concerning the following transaction or practice involving [RECIPIENT]. I request that you resolve the matter described below.

Facts and claimed loss

1. On [__/__/____], [DESCRIBE GOODS, SERVICES, TRANSACTION, ADVERTISEMENT, OR OTHER TRADE OR COMMERCE].
2. You [STATE THE SPECIFIC REPRESENTATION, OMISSION, OR PRACTICE, WITH DATES AND SPEAKER OR DOCUMENT]. The evidence is [IDENTIFY CONTRACT, RECEIPT, ADVERTISEMENT, MESSAGE, OR OTHER RECORD].
3. The practice was unfair or deceptive because [EXPLAIN THE FACTS; IDENTIFY ANY APPLICABLE AS 45.50.471(b) CATEGORY ONLY AFTER CHECKING IT].
4. As a result, [CLIENT NAME] suffered an ascertainable loss of money or property: [ITEMIZE AMOUNT, CAUSATION, AND SUPPORT]. Total actual loss claimed: $[____]. The loss was discovered, or reasonably should have been discovered as resulting from the practice, on [__/__/____].
5. Earlier efforts to resolve this matter were [DATES, CONTACTS, AND RESPONSES / NONE].

AS 45.50.471(a) declares unfair or deceptive acts or practices in trade or commerce unlawful. If the facts establish an unlawful act causing an ascertainable loss, AS 45.50.531(a) authorizes a private damages action for each unlawful act or practice seeking three times actual damages or $500, whichever is greater. Section 45.50.531(f) limits when that action may be commenced. A prevailing private plaintiff may recover the costs and reasonable attorney fees described in AS 45.50.537(a). These potential court remedies are stated to explain the claim, not as an adjudication that liability or a particular award has been established.

Requested resolution

Please do the following by [__/__/____]:

• Pay or refund $[____], calculated as [ITEMIZE ACTUAL LOSS AND ANY PROPOSED SETTLEMENT AMOUNT].
• Correct [SPECIFIC FALSE STATEMENT, CHARGE, ACCOUNT RECORD, OR OTHER ITEM] by [SPECIFIC ACTION].
• Confirm in writing what action you took, the date completed, and the contact responsible.
• Preserve the relevant contracts, advertisements, account records, communications, and transaction data while this dispute is pending.

☐ Written notice of intended private injunction under AS 45.50.535(b). This paragraph is addressed to [SELLER OR LESSOR NAME]. [CLIENT NAME] will seek an injunction against [SELLER OR LESSOR NAME] if it fails to promptly stop the following allegedly unlawful act or practice after receiving this notice: [DESCRIBE CURRENT OR RECURRING CONDUCT PRECISELY]. The conduct must stop by [SPECIFY ACTION THAT WOULD STOP IT]. Please confirm receipt and state when the conduct stopped. This paragraph is included only if the recipient and relief fit AS 45.50.535(a)-(b).

Send your response to [ADDRESS OR EMAIL] and refer to [ACCOUNT OR TRANSACTION NUMBER]. If the matter is unresolved, [CLIENT NAME] may pursue available remedies under Alaska law, subject to the facts and statutory requirements. No release or settlement is effective unless agreed in writing.

Sincerely,

Signature: ________________________________________

Printed name and capacity: [________________________________]

Date: [__/__/____]

Sources and References

• Alaska Legislature, AS 45.50.471
• Alaska Legislature, AS 45.50.531-.537