Consumer Protection UDAP Demand Letter — Texas

Texas Consumer Protection UDAP Demand Letter

Date: [__/__/____]

Via: ☐ Certified mail, return receipt requested ☐ Other documented delivery [method]

To: [Respondent legal name and address]

From: [Consumer name and address]

Re: Written notice of claim under the Texas Deceptive Trade Practices–Consumer Protection Act, Business and Commerce Code § 17.505

Dear [Respondent]:

This letter gives the written notice described in Business and Commerce Code § 17.505(a) at least 60 days before a suit seeking damages under § 17.50(b)(1). It states the specific complaint and the amounts presently claimed for economic damages, mental anguish damages, and reasonably incurred expenses, including attorney fees. The claimed amounts are itemized below.

Consumer, transaction, and conduct

[Consumer name] [purchased/leased/sought] [goods or services] from [Respondent] on [date] at [location/website] for $[price]. The transaction or account number is [number]. [State facts showing Consumer qualifies under § 17.45(4), including business-use assets if relevant].

The following particular acts under § 17.46(b) are alleged to the extent supported by the facts above:

• ☐ (5): Misrepresented characteristics, uses, benefits, quantities, or other listed attributes: [facts].
• ☐ (7): Misrepresented standard, quality, grade, style, or model: [facts].
• ☐ (9): Advertised goods or services with intent not to sell them as advertised: [facts].
• ☐ (12): Misrepresented rights, remedies, or obligations under an agreement: [facts].
• ☐ (20): Misrepresented rights or remedies under a guaranty or warranty: [facts].
• ☐ (24): Failed to disclose known information about goods or services, intending to induce a transaction Consumer would not have entered had it been disclosed: [facts].
• ☐ Other § 17.46(b) paragraph: [number, exact conduct, facts].

[Consumer] relied on [identified act or representation] to [Consumer's] detriment by [decision/action]. The conduct was a producing cause of the following claimed loss: [explain the causal connection].

Prior attempts to resolve the complaint: [dates, contacts, offers, and responses].

Specific amounts claimed under § 17.505(a)

The economic-damages claim is based on [price paid / repair cost / replacement cost / other pecuniary loss], not on an automatic multiplier. [Describe any knowing or intentional conduct and supporting facts only if alleged].

Demand and response

Please resolve the complaint as follows:

• ☐ Refund or credit $[amount] by [method].
• ☐ Repair [item] to [specified condition] by [date].
• ☐ Replace [item] with [specified conforming item] by [date].
• ☐ Correct [account, invoice, warranty, or representation]: [details].
• ☐ Pay the itemized damages and reasonably incurred expenses above, as agreed by the parties.
• ☐ Other appropriate resolution: [details].

Please respond to [address/email] by [date]. During the statutory notice period, you may request a reasonable inspection of the goods under § 17.505(a) and may make an offer of settlement under § 17.5052. Section 17.506(d) separately describes a defense when its specified full tender is made within 30 days after receipt of notice. This demand does not foreclose an appropriate statutory tender or negotiated settlement.

If unresolved, [Consumer] reserves relief available under § 17.50, subject to proof and statutory limits: economic damages; mental anguish damages and discretionary additional damages if the required knowledge or intent findings are made; equitable relief; court costs; and reasonable and necessary attorney fees. No claimed multiplier is automatic. The parties may update their stated amounts as facts and reasonably incurred fees develop.

Please preserve transaction records, advertisements, communications, invoices, warranty materials, and other evidence relating to the specific complaint.

Sincerely,

[Signature]

[Name and title]

[Law firm and Texas State Bar number, if counsel]

[Mailing address, email, telephone]

Enclosures: [receipts, advertising, correspondence, photos, estimates, other]

Before sending

• ☐ Confirm Consumer qualifies under § 17.45(4), including the business-consumer asset exclusion where relevant.
• ☐ Identify each alleged § 17.46(b) paragraph, detrimental reliance, producing cause, and documented loss for this theory.
• ☐ State each § 17.505(a) amount expressly, including zero if no mental anguish, other expense, or attorney fee is claimed to date.
• ☐ Send written notice at least 60 days before a § 17.50(b)(1) damages suit unless the limited § 17.505(b) exception applies; keep proof of delivery.
• ☐ Calendar the two-year period and discovery rule in § 17.565 on the case facts; check the statute's limited 180-day extension separately.
• ☐ Evaluate any timely inspection, settlement offer, or full tender under §§ 17.505, 17.5052, and 17.506(d).

Sources and references

Current official Texas Legislature Business and Commerce Code, Chapter 17: https://tcss.legis.texas.gov/resources/BC/htm/BC.17.htm.