Consumer UDAP Demand Letter - Rhode Island

Rhode Island Consumer UDAP Demand Letter

Quick-Reference Summary

Sender Letterhead

[Sender Law Firm Name]
[________________________________]
[________________________________]
[City], RI [Zip Code]
Phone: [________________________________]
Email: [________________________________]
RI Bar No.: [________________________________]

Date and Recipient

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Certified Mail No.: [________________________________]
and via first-class mail

To:
[Respondent Legal Name]
Attn: [Officer / Manager / Registered Agent]
[Street Address]
[City], RI [Zip Code]

Cc (registered agent per R.I. Secretary of State):
[Registered Agent Name]
[Agent Address]
[City], RI [Zip Code]

Re: Block

RE: DEMAND UNDER THE RHODE ISLAND DECEPTIVE TRADE PRACTICES ACT (R.I. GEN. LAWS ch. 6-13.1) — NOTICE OF UNFAIR OR DECEPTIVE ACT OR PRACTICE (§ 6-13.1-2) AND DEMAND FOR RELIEF

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

I. The Parties

A. Consumer

[Consumer Full Legal Name] ("Consumer") is a natural person residing at [Street Address], [City], Rhode Island [Zip Code]. Consumer purchased or leased the goods or services at issue primarily for personal, family, or household purposes and suffered an ascertainable loss of money or property as a result of Respondent's practice declared unlawful by R.I. Gen. Laws § 6-13.1-2, and is therefore entitled to bring an action under § 6-13.1-5.2.

B. Respondent

[Respondent Legal Name] ("Respondent") is a [corporation / LLC / partnership / sole proprietorship] [organized under the laws of [State] / doing business in Rhode Island], with a place of business at [Address]. Respondent engaged in "trade or commerce" within the meaning of R.I. Gen. Laws § 6-13.1-1(5) and committed the acts described below.

II. Factual Background

A. The Transaction

On or about [__/__/____], Consumer [purchased / leased / contracted for] the following from Respondent:

• Product/Service: [________________________________]
• Location / Channel of Transaction: [________________________________]
• Purchase/Lease Price: $[________________________________]
• Contract / Invoice No.: [________________________________]
• Payment Method: [________________________________]
• Warranty / Service Terms: [________________________________]

B. The Unfair or Deceptive Act or Practice (§ 6-13.1-2)

Respondent committed one or more "unfair methods of competition" or "unfair or deceptive acts or practices in the conduct of ... trade or commerce" declared unlawful by R.I. Gen. Laws § 6-13.1-2, including practices enumerated in § 6-13.1-1(6):

☐ Representing that goods or services have characteristics, ingredients, uses, benefits, or quantities that they do not have
☐ Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another
☐ Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand
☐ Advertising goods or services with intent not to sell them as advertised (bait-and-switch)
☐ Advertising goods or services with intent not to supply reasonably expectable public demand, without disclosing a limitation of quantity
☐ Engaging in any other conduct that similarly creates a likelihood of confusion or of misunderstanding
☐ Failure to disclose a material fact that tends to mislead a reasonable consumer
☐ Failure to honor an express or implied warranty or service obligation
☐ Other unfair or deceptive act under § 6-13.1-2: [________________________________]

C. Specific Misrepresentations / Omissions

III. Ascertainable Loss and Resulting Harm

Consumer reasonably relied on Respondent's representations and/or was misled by Respondent's omissions and thereby suffered an ascertainable loss of money or property. Had Consumer known the truth, Consumer would not have entered the transaction or would not have paid the price actually paid. Consumer's ascertainable loss includes:

• Purchase/contract price paid: $[________________________________]
• Diminution in value: $[________________________________]
• Out-of-pocket expenses: $[________________________________]
• Incidental and consequential damages: $[________________________________]
• Total ascertainable loss / actual damages: $[________________________________]

IV. Legal Authority and Remedies

A. Unlawful conduct — § 6-13.1-2. "Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful."

B. Private remedies — § 6-13.1-5.2. "Any person who purchases or leases goods or services primarily for personal, family, or household purposes and thereby suffers any ascertainable loss of money or property ... as a result of the use or employment by another person of a method, act, or practice declared unlawful by § 6-13.1-2, may bring an action ... in the superior court ... to recover actual damages or five hundred dollars ($500), whichever is greater. The court may award damages equal to three (3) times the amount of actual damages and, in its discretion, provide other equitable relief that it deems necessary or proper." In any action brought under this section, "the court may award, in addition to the relief provided in this section, reasonable attorney's fees and costs" (§ 6-13.1-5.2(d)).

C. Regulatory exemption — § 6-13.1-4. Consumer's claim does not concern conduct exempt under § 6-13.1-4 (actions or transactions permitted under laws administered by a regulatory body or officer).

D. No statutory pre-suit demand required. Rhode Island imposes no mandatory pre-suit demand. This letter is sent to afford Respondent an opportunity to resolve the matter before litigation.

V. Demand for Relief

Consumer demands that Respondent provide the following relief within thirty (30) days of receipt of this demand:

☐ Refund of $[________________________________] (full purchase/contract price)
☐ Replacement of the goods with conforming goods
☐ Repair of the goods to conform to the representations made
☐ Restitution of $[________________________________]
☐ Rescission of the contract dated [__/__/____] and release of Consumer from all further obligations
☐ Cessation of the unfair or deceptive practice
☐ Correction of any credit reporting or other downstream records
☐ Other: [________________________________]

Total monetary relief demanded: $[________________________________].

VI. Consequences of Non-Compliance

If Respondent fails to provide the demanded relief within thirty (30) days of receipt of this demand, Consumer intends to file an action under R.I. Gen. Laws § 6-13.1-5.2 in the Superior Court and to seek:

• ☐ Actual damages of $[________________________________] (or the $500 statutory minimum, whichever is greater)
• ☐ Treble damages — up to three (3) times actual damages — in the court's discretion (§ 6-13.1-5.2(a))
• ☐ Injunctive and other equitable relief
• ☐ Reasonable attorney's fees and costs in the court's discretion (§ 6-13.1-5.2(d))
• ☐ Pre- and post-judgment interest
• ☐ Class relief under § 6-13.1-5.2(b), if applicable

Upon commencement, the clerk will mail a copy of the complaint to the Rhode Island Attorney General, and a copy of any judgment or decree upon entry (§ 6-13.1-5.2(c)).

VII. Litigation Hold / Evidence Preservation Notice

Respondent is hereby placed on notice of its duty to preserve all documents and electronically stored information ("ESI") potentially relevant to the claims described above, including:

• All contracts, invoices, receipts, order confirmations, and account records relating to Consumer
• All advertising, marketing, packaging, website pages, social-media posts, and promotional materials relating to the product or service at issue
• All internal communications (email, chat, SMS), training materials, scripts, and sales policies
• All consumer complaints, BBB filings, AG inquiries, and chargeback files referencing the same or substantially similar conduct
• All quality-control, testing, and inspection records
• Telephone recordings, chat logs, and CRM entries involving Consumer
• ESI metadata, server backups, and disaster-recovery media

Routine destruction or overwriting of any such material must be suspended immediately. Spoliation may give rise to sanctions and adverse evidentiary inferences.

VIII. Response Deadline and Method

Respondent must provide a written substantive response to undersigned counsel no later than [__/__/____] (30 days after receipt).

Response by:

• ☐ U.S. Mail to undersigned counsel at the letterhead address
• ☐ Email to: [________________________________]
• ☐ Telephone for settlement discussions: [________________________________]

All rights, claims, and remedies — statutory, common-law, and equitable — are expressly reserved. Nothing in this letter constitutes a waiver, election of remedies, or release.

Signature Block

Respectfully,

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

Attorney for [Consumer Name]

Enclosures:

• ☐ Copy of contract / invoice / receipt
• ☐ Copies of advertising / marketing materials
• ☐ Photographs of goods or evidence of defect
• ☐ Prior correspondence
• ☐ Other: [________________________________]

Pre-Send Checklist

• ☐ Confirmed Consumer purchased or leased the goods/services primarily for personal, family, or household purposes (standing under § 6-13.1-5.2(a))
• ☐ Confirmed Consumer suffered an ascertainable loss of money or property
• ☐ Screened the conduct against the § 6-13.1-4 regulated-conduct exemption (construed broadly in Rhode Island)
• ☐ Identified the specific § 6-13.1-2 / § 6-13.1-1(6) practice violated
• ☐ Quantified actual damages and compared to the $500 statutory minimum (current figure; the older $200 minimum was superseded in 2021)
• ☐ Confirmed Rhode Island imposes no mandatory pre-suit demand (this letter is strategic)
• ☐ Sent via certified mail, return receipt requested; retained tracking and green card
• ☐ Diaried the 30-day response deadline ([__/__/____]) and the SOL ([__/__/____])
• ☐ Preserved Consumer's own records (texts, emails, photos, packaging)
• ☐ Considered class allegations under § 6-13.1-5.2(b)
• ☐ Considered a parallel complaint to the RI AG Consumer Protection Unit
• ☐ Document reviewed by supervising attorney before mailing

Sources and References

• Rhode Island Deceptive Trade Practices Act, R.I. Gen. Laws ch. 6-13.1: http://webserver.rilegislature.gov/Statutes/TITLE6/6-13.1/INDEX.htm
• R.I. Gen. Laws § 6-13.1-2 (Unlawful acts or practices): http://webserver.rilegislature.gov/Statutes/TITLE6/6-13.1/6-13.1-2.htm
• R.I. Gen. Laws § 6-13.1-4 (Exempted actions or transactions): http://webserver.rilegislature.gov/Statutes/TITLE6/6-13.1/6-13.1-4.htm
• R.I. Gen. Laws § 6-13.1-5.2 (Private and class actions) — Justia: https://law.justia.com/codes/rhode-island/title-6/chapter-6-13-1/section-6-13-1-5-2/
• R.I. Gen. Laws § 6-13.1-5.2 — FindLaw: https://codes.findlaw.com/ri/title-6-commercial-law-general-regulatory-provisions/ri-gen-laws-sect-6-13-1-5-2/
• Rhode Island Attorney General — Consumer Protection Unit: https://riag.ri.gov/consumer-protection