Consumer Protection UDAP Demand Letter — Oregon

OREGON CONSUMER PROTECTION UDAP DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[LAW FIRM / SENDER NAME]
[________________________________]
[________________________________]
[City], Oregon [Zip Code]
Phone: [________________________________]
Email: [________________________________]
OSB No.: [________________________________]

Date and Recipient

Date: [__/__/____]

SENT VIA:
☐ Certified Mail, Return Receipt Requested — Tracking No. [________________________________]
☐ First-Class Mail
☐ Email to: [________________________________]
☐ FedEx/UPS Overnight — Tracking No. [________________________________]
☐ Hand Delivery

TO:
[Recipient Name / Registered Agent]
[Business Entity Name]
[Street Address]
[City], [State] [Zip Code]
Attn: [Officer/Manager/Counsel]

Subject Line / Re: Block

RE: Demand for Relief Under the Oregon Unlawful Trade Practices Act, ORS 646.605–646.652

Consumer: [________________________________]
Transaction Date: [__/__/____]
Transaction/Account No.: [________________________________]
Amount in Controversy: $[________________________________]

I. Parties

A. Consumer

[CONSUMER NAME] ("Consumer") is a natural person residing at [________________________________], [County] County, Oregon [Zip Code]. Consumer suffered an ascertainable loss of money or property as a direct result of Respondent's conduct described below and accordingly has standing under ORS 646.638(1). See Pearson v. Philip Morris, Inc., 358 Or 88 (2015); Clark v. Eddie Bauer LLC, 371 Or 12 (2023).

B. Respondent

[RESPONDENT NAME] ("Respondent") is a [corporation/LLC/partnership/sole proprietor]:

• ☐ Organized under the laws of [________________________________]
• ☐ With a principal place of business at [________________________________]
• ☐ Registered with the Oregon Secretary of State (registry no. [____])
• ☐ Conducted the transaction at issue in [County] County, Oregon
• ☐ Directed advertising, solicitation, or trade into Oregon

Respondent is engaged in "trade" and "commerce" as defined by ORS 646.605(8) and is therefore subject to the Oregon Unlawful Trade Practices Act.

II. Factual Background

A. The Transaction

On or about [__/__/____], Consumer [purchased/leased/contracted for]:

Description of goods or services: [________________________________]
Location of transaction: [________________________________]
Total amount paid: $[________________________________]
Payment method: [________________________________]
Contract/invoice/order no.: [________________________________]
Warranty or service agreement: [________________________________]

B. Representations / Conduct by Respondent

Respondent made the following material representations or engaged in the following conduct in connection with the transaction:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]

Communicated through:

• ☐ Oral statements by Respondent's employees or agents
• ☐ Written advertising, brochures, or marketing materials
• ☐ Respondent's website at [________________________________]
• ☐ Product packaging, labeling, in-store signage
• ☐ Email or electronic marketing
• ☐ Social media advertising
• ☐ Contractual documents, warranties, or terms of service
• ☐ Other: [________________________________]

C. Specific UTPA Violations under ORS 646.607 and ORS 646.608

Respondent's conduct violated one or more of the following enumerated provisions (check all that apply):

ORS 646.608 — Additional Unlawful Practices:

• ☐ (1)(b) Causing likelihood of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services
• ☐ (1)(e) Representing that real estate, goods, or services have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities, or qualities that they do not have
• ☐ (1)(g) Representing that goods or services are of a particular standard, quality, or grade if they are of another
• ☐ (1)(i) Advertising real estate, goods, or services with intent not to provide them as advertised
• ☐ (1)(j) Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions
• ☐ (1)(k) Making false or misleading representations of fact concerning the offering price or comparative price
• ☐ (1)(s) Engaging in any unconscionable tactic in connection with the sale or solicitation of real estate, goods, or services
• ☐ (1)(t) Concurrent failures to deliver goods or services as agreed
• ☐ (1)(u) Engaging in any other unfair or deceptive conduct in trade or commerce
• ☐ (1)(ee) Misrepresentations regarding price history or comparative price (per Clark v. Eddie Bauer)
• ☐ Other subsection of ORS 646.608: [________________________________]

ORS 646.607 — Unlawful Business, Trade Practices:

• ☐ Failing to deliver good faith assistance after promises
• ☐ Using or employing unconscionable tactics
• ☐ Other: [________________________________]

D. Willfulness, Reliance, Causation, and Ascertainable Loss

ORS 646.605(10) defines "willful" violation to include conduct as to which Respondent "knew or should have known" was unlawful. Respondent's conduct was willful because: [________________________________].

Consumer reasonably relied on the representations and conduct above and suffered an ascertainable loss of money or property of approximately $[________________________________]. The unlawful practice was a substantial cause of that loss within the meaning of Pearson v. Philip Morris, 358 Or 88 (2015).

E. Timeline

F. Prior Attempts to Resolve

• ☐ Consumer contacted Respondent on [__/__/____]. Response: [________________________________]
• ☐ Consumer filed complaint with [Oregon DOJ Consumer Protection / BBB / other]: [________________________________]

III. Statutory Demand

Pursuant to ORS 646.605 to 646.652, and specifically ORS 646.638, Consumer demands that Respondent, within thirty (30) days of receipt of this letter:

1. ☐ Pay actual damages of $[________________________________] (which exceed the $200 statutory minimum under ORS 646.638(1)).
2. ☐ Refund the full purchase price of $[________________________________].
3. ☐ Rescind the transaction dated [__/__/____] and restore Consumer to the pre-transaction status quo.
4. ☐ Repair or replace the goods/services so they conform to representations.
5. ☐ Credit Consumer's account in the amount of $[________________________________].
6. ☐ Cease and desist from the unlawful practices described above.
7. ☐ Reimburse attorney fees and costs of $[________________________________].
8. ☐ Other: [________________________________]

Oregon does not require pre-suit notice for a UTPA private action; this demand is a courtesy to enable resolution without litigation. Consumer expressly reserves the right to file suit at any time.

IV. Damages and Remedies If Not Cured

If Respondent fails to cure within the demand period, Consumer will file an action under ORS 646.638 and seek:

A. Actual or Statutory Damages

ORS 646.638(1) authorizes "actual damages or statutory damages of $200, whichever is greater":

B. Punitive Damages

ORS 646.638(1) authorizes the court or jury to award punitive damages without statutory cap (subject to constitutional due-process review). Punitive damages are appropriate here because: [________________________________].

C. Equitable Relief

ORS 646.638(1) authorizes "any equitable relief the court considers necessary or proper," including injunction, rescission, restitution, and disgorgement.

D. Attorney Fees and Costs — One-Way Discretionary

ORS 646.638(3) authorizes reasonable attorney fees and costs to a prevailing plaintiff. A prevailing defendant may recover fees only if the court finds no objectively reasonable basis existed for the action.

E. Mandatory Notice to the Oregon Attorney General

Upon filing suit, plaintiff will mail a copy of the complaint to the Oregon Attorney General as required by ORS 646.638(2), and a copy of any judgment thereafter.

F. Statute of Limitations

ORS 646.638(6) imposes a one (1) year statute of limitations running from discovery of the unlawful method, act, or practice. The limitations period is tolled while a prosecuting attorney's complaint based on the same conduct is pending.

G. Regulatory and Enforcement Referrals

Consumer reserves the right to file complaints with:

• ☐ Oregon DOJ Consumer Protection — www.oregonconsumer.gov; 1-877-877-9392
• ☐ Consumer Financial Protection Bureau — www.consumerfinance.gov/complaint
• ☐ Federal Trade Commission — www.reportfraud.ftc.gov
• ☐ Better Business Bureau
• ☐ Industry regulator: [________________________________]

V. Litigation Hold / Evidence Preservation Notice

Respondent is on notice of reasonably foreseeable litigation. Respondent and its officers, employees, agents, custodians, and counsel are directed to immediately preserve and refrain from altering, deleting, or destroying all documents, electronically stored information ("ESI"), and tangible items relating to Consumer and the transaction, including but not limited to:

• ☐ All contracts, invoices, receipts, purchase orders, and financing documents
• ☐ All advertising, marketing, promotional materials (print, online, video, social media)
• ☐ Pricing histories, price-comparison records, and "list price" or "compare at" substantiation
• ☐ Training materials, sales scripts, internal sales policies
• ☐ Internal and external communications (email, text, chat, voicemail) relating to the product/service or Consumer
• ☐ Consumer complaint files, complaint logs, and regulatory correspondence regarding similar conduct
• ☐ Quality control, inspection, return, and warranty records
• ☐ Recorded calls and electronic communications with Consumer
• ☐ Consumer's complete account and transaction history
• ☐ All ESI including metadata, backups, audit logs, and mobile-device data

Respondent must suspend any automatic deletion, retention, or rotation policy that would result in loss of relevant information. Spoliation will result in motion practice for sanctions, adverse-inference instructions, and independent tort liability under Oregon law.

VI. Response Deadline and Method

Respondent must provide a written response and substantive offer of resolution on or before [__/__/____] (thirty (30) days from the date of this letter).

Direct all communications to:

[Sender Name]
[Address]
Phone: [________________________________]
Email: [________________________________]

If Respondent fails to respond, responds inadequately, or rejects the demand, Consumer will file a civil action in the Circuit Court for [County] County, Oregon, seeking actual or statutory damages, punitive damages, equitable relief, and attorney fees and costs under ORS 646.638. A copy of the complaint will be mailed to the Oregon Attorney General as required by ORS 646.638(2).

All rights, remedies, claims, and defenses are expressly reserved.

Signature Block

Respectfully,

_______________________________________________
[Attorney Name]
[Law Firm Name]
[Street Address]
[City], Oregon [Zip Code]
Phone: [________________________________]
Email: [________________________________]
OSB No.: [________________________________]

Attorney for [Consumer Name]

Enclosures:

• ☐ Copy of contract/receipt/invoice
• ☐ Copy of advertising or representations relied upon
• ☐ Photographs or documentation of defects
• ☐ Prior correspondence with Respondent
• ☐ Other: [________________________________]

cc:

• ☐ Client file
• ☐ [________________________________]

Pre-Send Checklist

• ☐ Identified specific willful violation(s) of ORS 646.607 or 646.608 with supporting facts
• ☐ Quantified ascertainable loss with documentary support (cf. Pearson, Clark v. Eddie Bauer)
• ☐ Confirmed transaction is not excluded (e.g., ORS 646.638(9) odometer or foreclosure-conference exceptions)
• ☐ Verified Respondent's registered agent via Oregon SOS
• ☐ Calendared one-year SOL from discovery (ORS 646.638(6)) — Oregon is one of the shortest in the country
• ☐ Calendared 30-day response deadline
• ☐ Drafted complaint and prepared to mail copy to Oregon AG upon filing per ORS 646.638(2)
• ☐ Sent via certified mail, return receipt requested
• ☐ Retained proof of mailing and delivery
• ☐ Removed all <!-- GUIDANCE --> comments before sending
• ☐ Document reviewed by OR-licensed counsel
• ☐ Conflict check completed
• ☐ Engagement letter executed with Consumer

Sources and References

• Oregon UTPA, ORS Chapter 646: https://www.oregonlegislature.gov/bills_laws/ors/ors646.html
• ORS 646.607: https://oregon.public.law/statutes/ors_646.607
• ORS 646.608: https://oregon.public.law/statutes/ors_646.608
• ORS 646.638 (private action): https://oregon.public.law/statutes/ors_646.638
• Oregon DOJ Consumer Protection: https://www.oregonconsumer.gov/
• Pearson v. Philip Morris, Inc., 358 Or 88 (2015): https://law.justia.com/cases/oregon/supreme-court/2015/s061745.html
• Clark v. Eddie Bauer LLC, 371 Or 12 (2023): https://www.uschamber.com/assets/documents/Opinion-Clark-v.-Eddie-Bauer-LLC-Or.pdf
• CFPB Complaint Portal: https://www.consumerfinance.gov/complaint/
• FTC Report Fraud: https://reportfraud.ftc.gov/