Consumer Protection UDAP Demand Letter — Colorado

COLORADO CONSUMER PROTECTION UDAP DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[SENDER NAME OR LAW FIRM]
[Street Address]
[City, State ZIP]
Telephone: [____________]
Email: [____________]
[Bar No. / File No., if applicable]

Date and Recipient

Date: [__/__/____]

Via Certified Mail, Return Receipt Requested, No. [____________]
And Via Email to: [____________]

[RECIPIENT NAME / REGISTERED AGENT]
[BUSINESS NAME]
[Street Address]
[City, State ZIP]

Subject Line / Re: Block

RE: STATUTORY DEMAND FOR RELIEF — Colorado Consumer Protection Act, C.R.S. §§ 6-1-101 et seq.
Consumer: [CLAIMANT FULL NAME]
Transaction Date(s): [__/__/____] through [__/__/____]
Transaction Amount: $[__________]
Discovery Date: [__/__/____]

I. Parties

Claimant: [CLAIMANT FULL NAME], a Colorado consumer residing at [ADDRESS], County of [____________], State of Colorado. Claimant is an "actual or potential consumer" within the meaning of C.R.S. § 6-1-113(1)(a).

Respondent: [BUSINESS NAME], a [STATE OF INCORPORATION] [entity type] doing business in Colorado, with its principal place of business at [ADDRESS] and registered agent [AGENT NAME] at [AGENT ADDRESS]. Respondent engaged in "trade or commerce" within Colorado within the meaning of the CCPA.

II. Factual Background

1. On or about [__/__/____], Claimant [purchased / contracted for / paid for] [DESCRIBE GOODS OR SERVICES] from Respondent for the sum of $[__________].

2. Prior to and during the transaction, Respondent made the following representations, statements, or omissions:

☐ Representation 1: [_________________________________________________________]
☐ Representation 2: [_________________________________________________________]
☐ Representation 3: [_________________________________________________________]
☐ Material Omission: [________________________________________________________]

3. Each of the foregoing representations was false, misleading, or made with reckless disregard for the truth, in that: [_________________________________________________________].

4. Claimant relied on Respondent's representations in deciding to enter the transaction. Claimant would not have entered the transaction, or would have entered on materially different terms, but for those representations.

5. As a direct and proximate result, Claimant has suffered actual damages including:

6. Public-Impact Allegations (required under Rhino Linings, 62 P.3d 142): Respondent's deceptive practices significantly impact the public as actual or potential consumers because: (a) Respondent advertises and markets to the general Colorado consuming public through [CHANNELS]; (b) the same or substantially similar representations have been made to [NUMBER / APPROXIMATE NUMBER] other consumers, as evidenced by [REVIEWS / COMPLAINTS / PRIOR LITIGATION / BBB FILINGS]; and (c) Respondent's business procedures create a continuing potential for repetition of the conduct described above.

☐ Attached as Exhibit A: documentation of similar consumer complaints
☐ Attached as Exhibit B: Respondent's advertising / marketing materials
☐ Attached as Exhibit C: [____________]

III. Statutory Demand

Pursuant to the Colorado Consumer Protection Act, C.R.S. §§ 6-1-101 et seq., Claimant hereby demands that Respondent, within [30 / 21 / 14] days of delivery of this letter:

1. Pay actual damages in the sum of $[__________], plus prejudgment interest at 8% per annum from [__/__/____] pursuant to C.R.S. § 6-1-113(2)(a)(I);

2. Cease and desist all conduct of the type described in Section II above;

3. Provide written confirmation of remedial steps taken to prevent recurrence as to other Colorado consumers;

4. Preserve all evidence identified in Section V below; and

5. Identify by name and last known contact information any other Colorado consumers known to Respondent who have raised the same or substantially similar complaints.

The specific deceptive trade practices alleged include, without limitation, violations of C.R.S. § 6-1-105(1)(______), in particular subsections:

☐ § 6-1-105(1)(e) — false representation of characteristics, uses, benefits, or quantities
☐ § 6-1-105(1)(g) — representing goods as a particular standard, quality, or grade when not
☐ § 6-1-105(1)(i) — advertising with intent not to sell as advertised
☐ § 6-1-105(1)(l) — false statement of fact concerning price reductions
☐ § 6-1-105(1)(u) — failure to disclose material information known at time of advertisement/sale
☐ Other: § 6-1-105(1)(____) — [_________________________________]

IV. Damages and Remedies If Not Cured

If Respondent fails to make full and timely tender of the relief demanded above, Claimant intends to file a private civil action in [Denver County District Court / __________ County District Court] seeking the following relief under the CCPA:

This letter places Respondent on clear and convincing notice of facts giving rise to a finding of "bad faith conduct" — defined at C.R.S. § 6-1-113(2.3) as "fraudulent, willful, knowing, or intentional conduct that causes injury." Any continuation of the conduct described in Section II, or any failure to remediate after this notice, will be relied upon at trial as further evidence supporting treble damages.

V. Litigation Hold / Evidence Preservation Notice

Respondent is hereby placed on formal notice of its duty to preserve all documents, electronically stored information (ESI), and other tangible evidence that may be relevant to the claims described above. Respondent must immediately suspend any routine destruction, deletion, or overwriting policies as applied to the following categories:

☐ All communications with Claimant (email, text/SMS, voicemail, chat logs, recorded calls)
☐ Internal communications referencing Claimant or the transaction
☐ Marketing, advertising, and sales materials in effect during [__/__/____] through [__/__/____]
☐ Training materials, sales scripts, and policy/procedure manuals
☐ Customer complaints, refund logs, chargeback records, and BBB/AG correspondence
☐ Records concerning similar consumer complaints over the past [3 / 5] years
☐ Audit logs, version histories, and metadata for any of the foregoing
☐ Contracts, invoices, receipts, financing documents, and warranty records
☐ Photographs, videos, inspection reports, service records, and product samples
☐ Backup tapes, cloud-backed copies, and archived ESI

Spoliation of evidence may result in sanctions, adverse-inference instructions, and additional claims under Colorado law.

VI. Response Deadline and Method

Respondent must respond in writing within [30 / 21 / 14] days of delivery of this letter, no later than [__/__/____].

Acceptable methods of response:

Acceptable forms of response include: (a) full tender of the relief demanded; (b) a written counter-offer of settlement; or (c) a written denial setting forth Respondent's position with specificity.

Silence, partial tender, or boilerplate denial will be treated as a refusal to cure and will result in immediate filing of suit. A copy of any complaint filed will be mailed to the Colorado Attorney General as a matter of course under common CCPA practice.

This letter is sent without prejudice to Claimant's rights and remedies, all of which are expressly reserved, including (without limitation) claims under common-law fraud, breach of contract, breach of warranty (express and implied), the Magnuson-Moss Warranty Act, the Fair Debt Collection Practices Act, the Truth in Lending Act, and any other applicable federal or state statutes.

Signature Block

Respectfully submitted,

[________________________________]
[ATTORNEY NAME] (or Claimant pro se)
Colorado Bar No. [__________] (if attorney)
[Firm Name]
[Street Address]
[City, CO ZIP]
Telephone: [____________]
Email: [____________]
Counsel for Claimant [CLAIMANT NAME] (if represented)

cc: ☐ Claimant
☐ File
☐ [Co-counsel, if any]

Pre-Send Checklist

☐ Verified Respondent's legal name and registered agent via Colorado Secretary of State (https://www.coloradosos.gov)
☐ Confirmed the conduct occurred in Colorado or affected Colorado consumers
☐ Confirmed claim is within the 3-year SOL under C.R.S. § 6-1-115 (measured from discovery)
☐ Identified specific C.R.S. § 6-1-105 subsection(s) violated
☐ Plead facts establishing significant public impact (Rhino Linings test)
☐ Calculated actual damages with documentation
☐ Considered whether facts support bad-faith treble damages under § 6-1-113(2)(a)(III)
☐ Removed all <!-- GUIDANCE --> comments
☐ Attached exhibits referenced in Section II
☐ Sent via certified mail, return receipt requested
☐ Sent copy via email and retained delivery confirmation
☐ Calendared response deadline and SOL deadline
☐ Opened litigation-hold file on Claimant's side
☐ Reviewed by Colorado-licensed counsel before transmission

Sources and References

• Colorado Consumer Protection Act, C.R.S. §§ 6-1-101 et seq.: https://law.justia.com/codes/colorado/title-6/fair-trade-and-restraint-of-trade/article-1/
• C.R.S. § 6-1-105 (deceptive trade practices enumerated): https://law.justia.com/codes/colorado/title-6/fair-trade-and-restraint-of-trade/article-1/part-1/section-6-1-105/
• C.R.S. § 6-1-113 (civil actions — damages — other relief — class actions): https://law.justia.com/codes/colorado/title-6/fair-trade-and-restraint-of-trade/article-1/part-1/section-6-1-113/
• C.R.S. § 6-1-115 (statute of limitations): https://law.justia.com/codes/colorado/title-6/fair-trade-and-restraint-of-trade/article-1/part-1/section-6-1-115/
• C.R.S. § 13-20-806 (construction-defect damages cap): https://codes.findlaw.com/co/title-13-courts-and-court-procedure/co-rev-st-sect-13-20-806/
• Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc., 62 P.3d 142 (Colo. 2003) (public-impact element)
• Hall v. Walter, 969 P.2d 224 (Colo. 1998) (CCPA elements; public-impact analysis)
• Crowe v. Tull, 126 P.3d 196 (Colo. 2006) (CCPA scope; coverage of professional services)
• Colorado AG consumer-protection complaint portal: https://coag.gov/file-complaint/
• Colorado Secretary of State Business Entity Search: https://www.coloradosos.gov/biz/BusinessEntityCriteriaExt.do