Consumer Protection UDAP Demand Letter — Missouri

MISSOURI CONSUMER PROTECTION UDAP DEMAND LETTER

Missouri Merchandising Practices Act — Pre-Suit Demand for Relief

Quick-Reference Summary

Sender Letterhead

[CLAIMANT FULL LEGAL NAME]
[Claimant Street Address]
[City, MO 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: [Registered Agent / Officer / General Counsel]
[Respondent Street Address — verify with Missouri Secretary of State Business Services]
[City, State ZIP]

Subject Line / Re: Block

Re: Pre-Suit Demand for Relief Under the Missouri Merchandising Practices Act, Mo. Rev. Stat. § 407.020 et seq. — 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, MO ZIP] who purchased or leased merchandise from Respondent primarily for personal, family, or household purposes within the meaning of Mo. Rev. Stat. § 407.025.1.

2. Respondent. [RESPONDENT FULL LEGAL NAME], a [corporation / LLC / sole proprietorship / partnership] with principal office at [Address] and registered agent in Missouri at [Name and Address] ("Respondent"). Respondent is engaged in the sale or advertisement of merchandise in Missouri within the meaning of Mo. Rev. Stat. § 407.020.

II. Factual Background

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

4. The transaction occurred [in/at] [County], Missouri, and venue is proper in the Circuit Court of [County] under Mo. Rev. Stat. § 407.025.1.

5. 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 act, including the specific representation, omission, or conduct, and the medium of communication].

6. Each act, representation, or omission constitutes one or more of the following unlawful practices under Mo. Rev. Stat. § 407.020:

• [Deception]
• [Fraud]
• [False pretense]
• [False promise]
• [Misrepresentation]
• [Unfair practice]
• [Concealment, suppression, or omission of any material fact]

7. Reasonable Consumer Standard (SB 591 Compliance). Claimant acted as a reasonable consumer would in light of all the circumstances. Respondent's act, omission, or practice would cause a reasonable person to enter the transaction that resulted in the damages described below.

8. Claimant reasonably relied on Respondent's representations, omissions, or conduct and would not have purchased the merchandise but for that reliance.

9. 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

10. Demand for Relief. Under Mo. Rev. Stat. § 407.025 and as a pre-litigation effort to resolve this matter, Claimant hereby demands that Respondent make Claimant whole for the ascertainable loss caused by the unlawful practices described above.

11. Notice of MMPA Violation. Respondent is on notice that its acts and practices violate Mo. Rev. Stat. § 407.020 and the regulations promulgated thereunder (15 CSR 60-7.010 et seq., 15 CSR 60-8.010 et seq., 15 CSR 60-9.010 et seq.), specifically:

• [15 CSR 60-7.020 — unfair practice generally]
• [15 CSR 60-8.020 — misrepresentation]
• [15 CSR 60-9.020 — omission of material fact]
• [Other applicable regulation]

12. Ascertainable Loss. Claimant has suffered an "ascertainable loss of money or property, real or personal," within the meaning of Mo. Rev. Stat. § 407.025.1, calculable with definitive and objective evidence as described in Section IV below.

13. Willful and Outrageous Conduct. Claimant asserts that Respondent's conduct was [willful / wanton / malicious / outrageous due to evil motive or reckless indifference], warranting punitive damages under Mo. Rev. Stat. § 407.025.2(1) by clear and convincing evidence.

14. Non-Personal-Injury Claim. This demand and any subsequent action seek economic losses only and do not seek damages for personal injury or death within the scope of Mo. Rev. Stat. ch. 538. Mo. Rev. Stat. § 407.025.3.

IV. Damages and Remedies If Not Cured

15. Ascertainable Loss — Individualized Damages With Objective Evidence. As a direct and proximate result of Respondent's unlawful practices, Claimant has suffered the following damages, calculable with a reasonable degree of certainty:

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 merchandise; 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 Mo. Rev. Stat. § 407.025 seeking:

• Actual damages (Mo. Rev. Stat. § 407.025.1);
• Punitive damages in the court's discretion upon clear and convincing evidence (Mo. Rev. Stat. § 407.025.2(1); § 510.265 cap);
• Attorney fees in the court's discretion based on time reasonably expended (Mo. Rev. Stat. § 407.025.2(2));
• Injunctive and equitable relief (Mo. Rev. Stat. § 407.025.2(3));
• Costs of suit and prejudgment interest as available.

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 unlawful 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 at issue, similar consumer complaints, or remediation policies
☐ All consumer complaint files, Better Business Bureau records, Missouri Attorney General inquiries, and class correspondence concerning the same merchandise
☐ 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 Missouri 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 Mo. R. Evid. 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, may be introduced as evidence of bad faith supporting punitive damages and attorney fees under Mo. Rev. Stat. § 407.025.

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 / Appraisal]
☐ Exhibit D — [Prior correspondence]
☐ Certified Mail Return Receipt (PS Form 3811)

cc: [Optional: Missouri Attorney General, Consumer Protection Division, P.O. Box 899, Jefferson City, MO 65102]

Pre-Send Checklist

☐ Confirmed transaction was primarily for personal, family, or household purposes
☐ Verified registered agent and principal address through Missouri Secretary of State (https://bsd.sos.mo.gov)
☐ Letter identifies Claimant by name and address
☐ Letter describes each unlawful practice with specificity and dates
☐ Letter establishes Claimant acted as a "reasonable consumer" (SB 591)
☐ Letter establishes the practice would mislead a reasonable person into the transaction (SB 591)
☐ Letter quantifies "individual damages with sufficiently definitive and objective evidence" supported by enumerated proof (SB 591)
☐ Letter references the MMPA, § 407.020, and specific 15 CSR regulations
☐ Letter states a specific dollar figure for damages and relief demanded
☐ Letter excludes Chapter 538 personal-injury damages (§ 407.025.3)
☐ Litigation hold language included
☐ Sent by certified mail, return receipt requested, AND first-class mail
☐ Sent to registered 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
☐ 5-year SOL under Mo. Rev. Stat. § 516.120 calculated and tickled
☐ Reviewed by Missouri-licensed counsel prior to mailing

Sources and References

• Mo. Rev. Stat. § 407.020 — https://revisor.mo.gov/main/OneSection.aspx?section=407.020
• Mo. Rev. Stat. § 407.025 — https://revisor.mo.gov/main/OneSection.aspx?section=407.025
• Mo. Rev. Stat. § 516.120 (5-year SOL) — https://revisor.mo.gov/main/OneSection.aspx?section=516.120
• Senate Bill 591 (2020) — https://www.senate.mo.gov/20info/BTS_Web/Bill.aspx?SessionType=R&BillID=403881
• 15 CSR 60-7.010 et seq. (AG regulations) — https://www.sos.mo.gov/cmsimages/adrules/csr/current/15csr/15c60-7.pdf
• Missouri AG Consumer Protection — https://ago.mo.gov/civil-division/consumer-protection
• Conway v. CitiMortgage, Inc., 438 S.W.3d 410 (Mo. banc 2014) (MMPA construction)
• Hess v. Chase Manhattan Bank, USA, N.A., 220 S.W.3d 758 (Mo. banc 2007)
• Missouri Bar, "Two Years Since MMPA Reform" (2022) — https://news.mobar.org/two-years-since-mmpa-reform-how-has-it-changed-missouri-consumer-litigation/