Consumer Protection UDAP Demand Letter — Maryland

MARYLAND CONSUMER PROTECTION UDAP DEMAND LETTER

Maryland Consumer Protection Act — Pre-Suit Demand for Relief

Quick-Reference Summary

Sender Letterhead

[CLAIMANT FULL LEGAL NAME]
[Claimant Street Address]
[City, MD ZIP]
Telephone: [(___) ___-____]
Email: [____________________]

Date and Recipient

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Tracking No.: [____________________]
AND VIA FIRST-CLASS MAIL

[RESPONDENT NAME / D/B/A]
Attn: [Resident Agent / Officer / General Counsel]
[Respondent Street Address — verify with Maryland Department of Assessments and Taxation]
[City, State ZIP]

Subject Line / Re: Block

Re: Pre-Suit Demand for Relief Under the Maryland Consumer Protection Act, Md. Code Ann., Com. Law §§ 13-301, 13-303, 13-408 — Thirty (30) Day Response Requested

Claimant: [CLAIMANT NAME]
Transaction Date(s): [__/__/____] through [__/__/____]
Transaction / Account / Invoice No.: [____________________]
Amount in Controversy: $[________]

I. Parties

1. Claimant. [CLAIMANT FULL LEGAL NAME] ("Claimant") is a natural person residing at [Claimant Street Address, City, MD ZIP] who engaged in a "consumer transaction" with Respondent within the meaning of Md. Code Ann., Com. Law § 13-101(d), namely the [sale / lease / rental / loan / bailment] of [consumer goods / consumer services / consumer realty] primarily for [personal / household / family / agricultural] purposes.

2. Respondent. [RESPONDENT FULL LEGAL NAME], a [corporation / LLC / sole proprietorship / partnership] with principal office at [Address] and resident agent in Maryland at [Name and Address] ("Respondent"). Respondent is a "merchant" within the meaning of Md. Code Ann., Com. Law § 13-101(g) engaged in the sale, lease, or offering of consumer [goods / services / realty / credit] in Maryland.

3. No § 13-104 Exemption. Respondent is not an exempt professional or entity under Md. Code Ann., Com. Law § 13-104.

II. Factual Background

4. On or about [__/__/____], Claimant entered into a consumer transaction with Respondent consisting of: [DETAILED DESCRIPTION — what was purchased/leased/financed, price paid, location of transaction, salesperson, written documents executed].

5. The transaction occurred in [County], Maryland.

6. In connection with the transaction, Respondent — through [name(s) of agent/employee] and through [advertising / written representations / oral statements / website / packaging] — engaged in the following acts or practices: [DETAILED, DATED, AND PARTICULAR DESCRIPTION of each unfair, abusive, or deceptive trade practice].

7. Each act, representation, or omission constitutes an "unfair, abusive, or deceptive trade practice" prohibited by Md. Code Ann., Com. Law §§ 13-301 and 13-303, including without limitation:

• [§ 13-301(1) — False, falsely disparaging, or misleading oral or written statement, visual description, or other representation having the capacity, tendency, or effect of deceiving or misleading consumers]
• [§ 13-301(3) — Failure to state a material fact if the failure deceives or tends to deceive]
• [§ 13-301(9) — Deception, fraud, false pretense, false premise, misrepresentation, or knowing concealment, suppression, or omission of any material fact with the intent that a consumer rely on the same]
• [§ 13-301(14) — Violation of any provision of MCPA Title 13]
• [Other applicable subsection — list each by number]

8. Each representation was [false / misleading / materially incomplete] when made and was reasonably calculated to induce Claimant's purchase or reliance.

9. Claimant relied on Respondent's representations, omissions, or conduct and would not have [entered the transaction / paid the price] but for that reliance.

10. After Claimant discovered the conduct described above on or about [__/__/____], Claimant [describe pre-demand communications — refund requests, complaints, dates, Respondent's responses, if any].

III. Statutory Demand

11. Demand for Relief. Pursuant to Md. Code Ann., Com. Law § 13-408 and as a pre-litigation effort to resolve this matter, Claimant hereby demands that Respondent make Claimant whole for the actual injury and loss caused by the prohibited practices described above.

12. Notice of MCPA Violations. Respondent is on notice that its acts and practices violate Md. Code Ann., Com. Law §§ 13-301, 13-303, and the regulations promulgated thereunder (COMAR 02.01.06; COMAR 02.01.08; etc.). Specific violations include those identified in Paragraph 7 above.

13. Actual Injury or Loss. Claimant has sustained "injury or loss" within the meaning of Md. Code Ann., Com. Law § 13-408(a), proximately caused by Respondent's prohibited practices, as described and quantified in Section IV below.

14. Reservation of Public Enforcement. Claimant reserves all rights to file a complaint with the Maryland Attorney General's Consumer Protection Division pursuant to Md. Code Ann., Com. Law § 13-401 et seq.

IV. Damages and Remedies If Not Cured

15. Actual Injury and Loss. As a direct and proximate result of Respondent's prohibited practices, Claimant has sustained the following injury and loss:

16. Relief Demanded. Within thirty (30) days from delivery of this letter, Claimant demands Respondent provide:

a. Monetary relief in the amount of $[________] (actual damages, plus reasonable prejudgment interest from [__/__/____]);
b. [Specific equitable relief] — e.g., rescission of the [date] contract and return of all consideration paid; replacement of defective goods; correction of credit-bureau reporting; cessation of unlawful conduct;
c. Reasonable attorney fees and costs incurred to date in the amount of $[________];
d. Such other relief as is necessary to make Claimant whole.

17. Remedies on Suit. Should Respondent fail to make a reasonable response within 30 days, Claimant will commence a civil action under Md. Code Ann., Com. Law § 13-408 seeking:

• Actual damages (Com. Law § 13-408(a));
• Reasonable attorney fees in the court's discretion (Com. Law § 13-408(b));
• Injunctive and equitable relief (Com. Law § 13-408(a));
• Costs of suit and prejudgment interest as available;
• Restitution under § 13-408 and § 13-409.

V. Litigation Hold / Evidence Preservation Notice

18. Respondent is hereby on notice of pending litigation and is required to preserve all documents, communications, electronically stored information ("ESI"), and tangible items that relate to Claimant, the transaction(s) identified above, or the prohibited practices described in this letter, including without limitation:

☐ All contracts, invoices, work orders, receipts, and warranty documents related to Claimant
☐ All advertising, marketing scripts, training materials, and point-of-sale materials used during the transaction period (including TV/radio/online ads, packaging, signage, websites, social media, and influencer content)
☐ All emails, text messages, instant messages, voicemails, call recordings, and CRM/dispatch entries involving Claimant or the transaction
☐ All internal communications regarding Claimant, the merchandise/service at issue, similar consumer complaints, or remediation policies
☐ All consumer complaint files, Better Business Bureau records, Maryland Attorney General inquiries, and class correspondence concerning the same merchandise/service
☐ All financial records reflecting payment, refund, chargeback, or credit history for the account
☐ All ESI in original native format with metadata intact; do NOT alter, delete, or overwrite

19. Respondent must immediately suspend any document-destruction or auto-deletion policy that could affect the foregoing materials and instruct all custodians (officers, employees, agents, vendors) to preserve responsive materials. Spoliation will be reported to the court and may support adverse inferences and sanctions under Maryland law.

VI. Response Deadline and Method

20. Response Deadline. Respondent's written response to this demand should be received no later than [__/__/____] (30 days from mailing of this demand).

21. Method of Response. All correspondence and tenders should be directed to:

[CLAIMANT NAME / COUNSEL]
[Address]
Email: [____________________]
Phone: [(___) ___-____]

22. Settlement Discussions. This letter is sent in furtherance of settlement negotiations and is protected under Md. R. Evid. 5-408. Nothing in this letter waives any right, claim, or remedy available to Claimant, all of which are expressly reserved.

23. Effect of No Response. Failure to make a reasonable response within 30 days, while not a statutory prerequisite, will be cited as evidence of bad-faith conduct supporting attorney-fee recovery under § 13-408(b) in any subsequent litigation.

Signature Block

Respectfully,

_______________________________
[CLAIMANT NAME]
[Title, if any]
[Address]
[Telephone]
[Email]

Dated: [__/__/____]

Enclosures:
☐ Exhibit A — [Contract / Invoice / Receipt]
☐ Exhibit B — [Advertisement / Representation at issue]
☐ Exhibit C — [Photographs / Inspection report]
☐ Exhibit D — [Prior correspondence]
☐ Certified Mail Return Receipt (PS Form 3811)

cc: [Optional: Maryland Office of the Attorney General, Consumer Protection Division, 200 St. Paul Place, Baltimore, MD 21202]

Pre-Send Checklist

☐ Confirmed transaction is a "consumer transaction" under § 13-101(d)
☐ Confirmed Respondent is not exempt under § 13-104 (lawyer, medical/dental, insurance, etc.)
☐ Confirmed the claim does not arise from healthcare provider professional services (§ 13-408(d))
☐ Verified resident agent and principal address through Maryland Business Express
☐ Letter identifies Claimant by name and address
☐ Letter describes each prohibited practice with specificity, dates, and statutory citation to § 13-301
☐ Letter quantifies actual injury or loss proximately caused by the prohibited practice
☐ Letter states a specific dollar figure for damages and the relief demanded
☐ Letter does NOT claim punitive or multiple damages under the MCPA (not available)
☐ Litigation hold language included
☐ Sent by certified mail, return receipt requested, AND first-class mail
☐ Sent to resident agent AND principal place of business
☐ Two copies retained (one signed file copy, one date-stamped service copy)
☐ Diary tickled for 30-day response deadline
☐ 3-year SOL under Md. Code, Cts. & Jud. Proc. § 5-101 calculated and tickled
☐ Bad-faith fee-shifting risk under § 13-408(c) reviewed with client
☐ Reviewed by Maryland-licensed counsel prior to mailing

Sources and References

• Md. Code Ann., Com. Law § 13-101 et seq. — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcl&section=13-101
• Md. Code Ann., Com. Law § 13-301 (prohibited practices) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcl&section=13-301
• Md. Code Ann., Com. Law § 13-303 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcl&section=13-303
• Md. Code Ann., Com. Law § 13-408 (private action) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcl&section=13-408
• Md. Code Ann., Cts. & Jud. Proc. § 5-101 (3-year SOL) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-101
• Maryland AG Consumer Protection Division — https://www.marylandattorneygeneral.gov/Pages/CPD/default.aspx
• Lloyd v. General Motors Corp., 397 Md. 108 (2007)
• Hoffman v. Stamper, 385 Md. 1 (2005)
• Citaramanis v. Hallowell, 328 Md. 142 (1992)