Consumer Protection UDAP Demand Letter — Texas

Texas Consumer Protection UDAP Demand Letter

Quick-Reference Summary

Sender Letterhead

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

Date and Recipient

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Certified Mail No.: [________________________________]

To:
[Respondent Legal Name]
Attn: [Registered Agent for Service of Process per Texas Secretary of State]
[Registered Agent Street Address]
[City], TX [Zip Code]

With courtesy copy to:
[Operating Location / Place of Transaction]
[Address]
[City], TX [Zip Code]

Re: Block

RE: STATUTORY NOTICE PURSUANT TO TEX. BUS. & COM. CODE § 17.505 — DEMAND UNDER THE TEXAS DECEPTIVE TRADE PRACTICES–CONSUMER PROTECTION ACT (TEX. BUS. & COM. CODE §§ 17.41 et seq.) AND NOTICE OF CLAIM

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

I. Parties

A. Consumer

[Consumer Full Legal Name] ("Consumer") is an [individual / partnership / corporation] residing or doing business at [Address], [City], Texas [Zip Code]. Consumer is a "consumer" within the meaning of Tex. Bus. & Com. Code § 17.45(4) because Consumer sought or acquired, by purchase or lease, the goods or services at issue, and has assets of less than $25 million.

B. Respondent

[Respondent Legal Name] ("Respondent") is a [corporation / LLC / partnership / sole proprietorship] [organized under the laws of [State] / authorized to do business in Texas]. Respondent's registered agent for service of process is [Agent Name], at [Address], [City], Texas. Respondent's Texas Secretary of State filing number is [________________________________]. Respondent engaged in the trade or commerce at issue in Texas and is a "person" within the meaning of § 17.45(3).

II. Factual Background

A. The Transaction

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

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

B. Specific Complaint — Acts in Violation of the DTPA

Pursuant to Tex. Bus. & Com. Code § 17.505(a), Consumer hereby provides notice in reasonable detail of the following specific complaint:

[Narrative factual summary — what Respondent represented, what was actually delivered, when Consumer discovered the discrepancy, prior cure attempts.]

[________________________________]

[________________________________]

[________________________________]

Respondent's conduct constitutes one or more of the following false, misleading, or deceptive acts or practices under Tex. Bus. & Com. Code § 17.46(b):

☐ § 17.46(b)(5) — Representing goods or services have characteristics, ingredients, uses, benefits, or quantities they do not have
☐ § 17.46(b)(7) — Representing goods or services are of a particular standard, quality, or grade if they are of another
☐ § 17.46(b)(9) — Advertising goods or services with intent not to sell them as advertised
☐ § 17.46(b)(12) — Representing that an agreement confers or involves rights, remedies, or obligations which it does not
☐ § 17.46(b)(20) — Representing the subject of a transaction has been supplied in accordance with a previous representation when it has not
☐ § 17.46(b)(24) — Failing to disclose information about goods or services that was known at the time of the transaction with intent to induce the consumer into a transaction Consumer would not otherwise have entered
☐ Other § 17.46(b) subsection: [________________________________]

Respondent's conduct also constitutes:

☐ Breach of express warranty actionable under § 17.50(a)(2)
☐ Breach of implied warranty of merchantability or fitness, actionable under § 17.50(a)(2)
☐ Unconscionable action or course of action under § 17.50(a)(3) and § 17.45(5)
☐ Violation of Chapter 541 of the Insurance Code, actionable under § 17.50(a)(4) (if insurance-related)

C. Producing Cause and Reliance

Consumer relied on Respondent's representations in deciding to enter the transaction. Respondent's conduct was a producing cause of the economic damages and mental anguish described below. Consumer would not have entered the transaction, or would not have paid the price actually paid, but for Respondent's conduct.

D. Knowing and/or Intentional Conduct

☐ Consumer asserts that Respondent's conduct was committed knowingly within the meaning of § 17.45(9), entitling Consumer to mental-anguish damages and up to 3x economic damages under § 17.50(b)(1).
☐ Consumer asserts that Respondent's conduct was committed intentionally within the meaning of § 17.45(13), entitling Consumer to up to 3x economic and mental-anguish damages under § 17.50(b)(1).

III. Statutory Demand — § 17.505 Itemization

Pursuant to Tex. Bus. & Com. Code § 17.505(a), Consumer hereby states the amounts of damages, mental anguish, and expenses reasonably incurred:

Consumer demands the following relief within sixty (60) days of Respondent's receipt of this notice:

☐ Payment of $[________________________________] in economic damages
☐ Payment of $[________________________________] in mental-anguish damages
☐ Payment of $[________________________________] in attorneys' fees and expenses
☐ Refund of the full purchase price ($[________________________________])
☐ Replacement of the goods with conforming goods
☐ Repair of the goods to conform to representations
☐ Rescission of the contract and release of Consumer from further obligations
☐ Cessation of the deceptive practice
☐ Other: [________________________________]

Inspection Right Under § 17.505(a)

Consumer acknowledges Respondent's right during the 60-day period to present a written request to inspect, in a reasonable manner and at a reasonable time and place, the goods that are the subject of the claim. Inspection requests should be directed to undersigned counsel.

IV. Damages and Remedies Sought If Not Cured

If Respondent fails to comply with the foregoing demand within 60 days, Consumer will file suit in [______________] County District Court, Texas, and seek the following remedies under Tex. Bus. & Com. Code § 17.50:

• ☐ Economic damages: $[________________________________]
• ☐ Mental-anguish damages (knowing conduct): $[________________________________]
• ☐ Treble damages (up to 3x economic damages if knowing; up to 3x economic and mental-anguish if intentional) per § 17.50(b)(1)
• ☐ Orders necessary to restore parties to status quo ante (§ 17.50(b)(3))
• ☐ Injunctive relief (§ 17.50(b)(2))
• ☐ Mandatory attorneys' fees and court costs to the prevailing consumer per § 17.50(d)
• ☐ Pre- and post-judgment interest
• ☐ Any other relief the court deems proper

V. Litigation Hold / Evidence Preservation Notice

Respondent is hereby placed on notice of its duty to preserve all documents, electronically stored information ("ESI"), and tangible items potentially relevant to this matter, including:

• All contracts, invoices, work orders, repair logs, and account records relating to Consumer
• All advertising, marketing, website content, social-media posts, and packaging relating to the product/service at issue
• All internal communications (email, text, instant messages, Slack/Teams), training materials, sales scripts, and policies
• All complaints, BBB filings, Texas AG inquiries, chargebacks, and prior-litigation records referencing the same or substantially similar conduct
• All quality-control, inspection, and test records
• Telephone recordings, chat transcripts, and CRM entries involving Consumer
• ESI metadata, server backups, and disaster-recovery media

Routine destruction or overwriting must be suspended immediately. Spoliation may give rise to sanctions and adverse inferences under Texas law (see Brookshire Bros. v. Aldridge, 438 S.W.3d 9 (Tex. 2014)).

VI. Response Deadline and Method

Respondent must provide a written substantive response addressed to undersigned counsel no later than the sixtieth (60th) calendar day after receipt of this notice (i.e., on or before [__/__/____]).

Acceptable responses include: (a) tender of demanded relief; (b) a written settlement offer pursuant to § 17.506(d); (c) a written request to inspect the goods; or (d) a written explanation of Respondent's position with supporting documentation.

Response by:

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

All rights, claims, and remedies — statutory, common-law, and equitable — are expressly reserved.

Signature Block

Respectfully,

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

Attorney for [Consumer Name]

Enclosures:

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

Pre-Send Checklist

• ☐ Confirmed Consumer meets § 17.45(4) definition (assets under $25 million; goods or services sought or acquired)
• ☐ Verified Respondent's registered agent on Texas SOS SOSDirect/BizFileOnline
• ☐ Identified each § 17.46(b) "laundry list" subsection violated with specificity
• ☐ Quantified economic damages, mental-anguish damages, and fees as required by § 17.505(a)
• ☐ Sent via certified mail, return receipt requested to registered agent (statute does not specify but this is best practice)
• ☐ Retained certified-mail receipt, tracking number, and green card
• ☐ Diaried 60-day cure deadline ([__/__/____]) and 2-year DTPA SOL under § 17.565 ([__/__/____])
• ☐ Confirmed SOL is not about to expire (otherwise § 17.505(b) excuses notice)
• ☐ Preserved Consumer's records (texts, emails, photos, packaging)
• ☐ Evaluated whether to plead knowing/intentional conduct (impacts treble + mental-anguish availability)
• ☐ Considered overlap with breach-of-warranty, common-law fraud, and Insurance Code Ch. 541 claims
• ☐ If notice is excused (counterclaim or imminent SOL), documented the basis in the file
• ☐ Document reviewed by supervising attorney before mailing

Sources and References

• Texas Business & Commerce Code Ch. 17 (DTPA): https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm
• Tex. Bus. & Com. Code § 17.505 (Notice; Inspection): https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm#17.505
• Tex. Bus. & Com. Code § 17.46 (false, misleading, or deceptive acts): https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm#17.46
• Tex. Bus. & Com. Code § 17.50 (private remedies): https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm#17.50
• Texas Attorney General Consumer Protection Division: https://www.texasattorneygeneral.gov/consumer-protection
• Texas SOSDirect (registered-agent lookup): https://www.sos.state.tx.us/corp/sosda/index.shtml
• TexasLawHelp.org DTPA Guide: https://texaslawhelp.org/article/deceptive-trade-practices-act-protections-for-consumers
• Brookshire Bros. v. Aldridge, 438 S.W.3d 9 (Tex. 2014) — spoliation framework