Consumer Protection UDAP Demand Letter — New York

New York Consumer Protection UDAP Demand Letter

Date: [__/__/____]

Via: ☐ Certified mail, return receipt requested ☐ First-class mail ☐ Email [address] ☐ Other [method]

To: [Respondent legal name and address]

From: [Consumer/claimant name and address]

Re: Demand concerning deceptive practices under General Business Law § 349 and false advertising under §§ 350 and 350-a

Dear [Respondent]:

I write on behalf of [Claimant name] concerning the transaction described below. This is a demand for resolution of deceptive practices and, if the advertising facts support it, false advertising in New York.

Transaction and conduct

On [date], [Claimant] [purchased/leased/sought] [goods or services] from [Respondent] at [location or website] for $[amount]. The account, order, or contract number is [number]. [Respondent's business or service connection to New York].

Section 349 deceptive practice: [Describe the challenged conduct, why it was deceptive, and how it caused injury]. Section 349(a) also addresses unfair and abusive practices, but this private demand under subsection (h) is based on the identified deceptive act or practice.

Sections 350 and 350-a false advertising, if applicable: [Identify the advertisement, its audience and date, the material statement or omitted material fact, and why the advertising was misleading]. [Explain how the advertising caused injury].

Loss and causal connection: [Claimant] incurred the following losses by reason of the identified conduct:

Prior efforts to resolve this matter: [dates, contacts, offers, responses].

Requested resolution

Please respond by [date] and offer the following resolution:

• ☐ Refund or credit $[amount] by [method].
• ☐ Repair or replace [item] to [specified condition] by [date].
• ☐ Correct [account, advertising, or representation] as follows: [details].
• ☐ Reimburse documented costs of $[amount], itemized above.
• ☐ Cease the specified deceptive practice or misleading advertisement: [details].
• ☐ Other agreed relief: [details].

If this dispute is not resolved, [Claimant] reserves the right to seek relief available under General Business Law § 349(h): an injunction and actual damages or $50, whichever is greater. Where the facts establish a violation of §§ 350 or 350-a, § 350-e(3) allows an injunction and actual damages or $500, whichever is greater. Each provision also permits the court, in its discretion, to increase damages for a willful or knowing violation within its stated limit: three times actual damages up to $1,000 under § 349(h), or three times actual damages up to $10,000 under § 350-e(3). The court may award reasonable attorney fees to a prevailing plaintiff under those provisions. Any requested amount remains subject to proof and the court's findings.

Please preserve the transaction records, advertisements, communications, account statements, and other materials relevant to the conduct identified above. This request for a response by [date] is a proposed settlement deadline.

Sincerely,

[Signature]

[Name and title]

[Law firm and New York attorney registration number, if counsel]

[Mailing address, email, telephone]

Enclosures: [receipts, advertisements, correspondence, other records]

Before sending

• ☐ Confirm the specific conduct supports a private deceptive-practice theory under § 349(h); do not rest the private claim only on the broader unfair or abusive language of § 349(a).
• ☐ Identify the actual advertisement and material misleading statement or omission before including §§ 350 and 350-a.
• ☐ Itemize the injury and preserve records connecting it to the challenged conduct.
• ☐ Calendar the three-year period in C.P.L.R. § 214(2) for a liability created by statute, including review of accrual and any exception on the case facts.
• ☐ Check the respondent's current legal name and delivery address; keep proof of sending.

Sources and references

Official New York Senate Open Legislation section PDFs are linked in the source excerpts above.