Consumer Protection UDAP Demand Letter — Wisconsin

WISCONSIN CONSUMER PROTECTION UDAP DEMAND LETTER

Wis. Stat. §§ 100.18 and 100.20 — Pre-Suit Demand for Relief

Quick-Reference Summary

Sender Letterhead

[CLAIMANT FULL LEGAL NAME]
[Claimant Street Address]
[City, WI ZIP]
Telephone: [(___) ___-____]
Email: [____________________]

Date and Recipient

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Tracking No.: [____________________]
AND VIA FIRST-CLASS MAIL

[RESPONDENT NAME / D/B/A]
Attn: [Registered Agent / Officer / General Counsel]
[Respondent Street Address — verify with Wisconsin Department of Financial Institutions]
[City, State ZIP]

Subject Line / Re: Block

Re: Pre-Suit Demand for Relief Under Wis. Stat. §§ 100.18 and 100.20 — Thirty (30) Day Response Requested

Claimant: [CLAIMANT NAME]
Transaction Date(s): [__/__/____] through [__/__/____]
Transaction / Account / Invoice No.: [____________________]
Amount in Controversy: $[________]

I. Parties

1. Claimant. [CLAIMANT FULL LEGAL NAME] ("Claimant") is a natural person residing at [Claimant Street Address, City, WI ZIP] who is a member of "the public" within the meaning of Wis. Stat. § 100.18(1) and a consumer for purposes of the ATCP rules promulgated under Wis. Stat. § 100.20.

2. Respondent. [RESPONDENT FULL LEGAL NAME], a [corporation / LLC / sole proprietorship / partnership] with principal office at [Address] and registered agent in Wisconsin at [Name and Address] ("Respondent"). Respondent is engaged in the sale, promotion, or advertisement of [merchandise / securities / employment / services / anything offered] for sale, hire, use, or distribution in Wisconsin within the meaning of Wis. Stat. § 100.18(1).

II. Factual Background

3. On or about [__/__/____], Claimant [entered into a transaction with / purchased from / contracted with] Respondent for: [DETAILED DESCRIPTION — what was purchased/leased/contracted, price paid, location of transaction, salesperson, written documents executed].

4. Before and during the transaction, Respondent — through [name(s) of agent/employee] and through [advertising / website / packaging / oral statements / written representations] — made the following representations to Claimant and to the public: [DETAILED, DATED, AND PARTICULAR DESCRIPTION of each representation, including its medium and the audience to which it was made].

5. "Public" Element. Each representation was made "to the public" within the meaning of Wis. Stat. § 100.18(1). The Wisconsin Supreme Court has construed "the public" broadly to include even a single prospective buyer in a one-on-one sales context. State v. Automatic Merchandisers of Am., Inc., 64 Wis. 2d 659 (1974); K&S Tool & Die Corp. v. Perfection Machinery Sales, Inc., 2007 WI 70.

6. Untrue, Deceptive, or Misleading. Each representation was untrue, deceptive, or misleading when made, including:

• [Identify each false statement and the actual truth]
• [Identify each misleading implication and why a reasonable consumer would be misled]
• [Distinguish actionable misrepresentations from non-actionable puffery]

7. Materiality and Reliance. Each representation was material — i.e., likely to influence a reasonable person's decision — and was a material inducement to Claimant's transaction. K&S Tool & Die Corp. v. Perfection Mach. Sales, Inc., 2007 WI 70; Tietsworth v. Harley-Davidson, Inc., 2004 WI 32. Claimant reasonably relied on the representations and would not have [entered the transaction / paid the price] but for that reliance.

8. ATCP Rule Violation (if applicable). Respondent's conduct also violates one or more rules promulgated by DATCP under Wis. Stat. § 100.20, including:

• [Wis. Admin. Code ATCP 110 — Home Improvement Practices]
• [Wis. Admin. Code ATCP 127 — Direct Marketing]
• [Wis. Admin. Code ATCP 132 — Motor Vehicle Repair]
• [Wis. Admin. Code ATCP 134 — Residential Rental Practices]
• [Wis. Admin. Code ATCP 139 — Telemarketing]
• [Other applicable ATCP rule — list each by chapter and section]

9. After Claimant discovered the conduct described above on or about [__/__/____], Claimant [describe pre-demand communications — refund requests, complaints, dates, Respondent's responses, if any].

III. Statutory Demand

10. Demand for Relief. Pursuant to Wis. Stat. §§ 100.18 and 100.20(5) and as a pre-litigation effort to resolve this matter, Claimant hereby demands that Respondent make Claimant whole for the pecuniary loss caused by the deceptive trade practices and ATCP rule violations described above.

11. Notice of DTPA Violation. Respondent is on notice that its acts violate Wis. Stat. § 100.18(1), which prohibits untrue, deceptive, or misleading representations made to the public with the intent to induce the sale, distribution, or use of any merchandise, real estate, securities, employment, or services.

12. Notice of ATCP Rule Violation. Respondent is on notice that its acts violate the ATCP rules identified in Paragraph 8 and exposes Respondent to double pecuniary damages and reasonable attorney fees under Wis. Stat. § 100.20(5).

13. Pecuniary Loss. Claimant has sustained "pecuniary loss" within the meaning of Wis. Stat. § 100.18(11)(b)2, proximately caused by Respondent's representations, as described and quantified in Section IV below.

IV. Damages and Remedies If Not Cured

14. Pecuniary Loss. As a direct and proximate result of Respondent's deceptive practices, Claimant has sustained the following pecuniary loss:

15. Relief Demanded. Within thirty (30) days from delivery of this letter, Claimant demands Respondent provide:

a. Monetary relief in the amount of $[________] (pecuniary loss plus reasonable prejudgment interest from [__/__/____]);
b. [Specific equitable relief] — e.g., rescission of the [date] contract and return of all consideration paid; replacement of defective goods; correction of credit-bureau reporting; cessation of unlawful conduct;
c. Reasonable attorney fees and costs incurred to date in the amount of $[________];
d. Such other relief as is necessary to make Claimant whole.

16. Remedies on Suit. Should Respondent fail to make a reasonable response within 30 days, Claimant will commence a civil action seeking:

Under Wis. Stat. § 100.18(11)(b)2:

• Pecuniary loss;
• Costs;
• Reasonable attorney fees.

Under Wis. Stat. § 100.20(5) (for ATCP rule violations):

• Twice the amount of pecuniary loss sustained;
• Costs;
• Reasonable attorney fees.

Equitable relief, including injunction against future violations.

V. Litigation Hold / Evidence Preservation Notice

17. Respondent is hereby on notice of pending litigation and is required to preserve all documents, communications, electronically stored information ("ESI"), and tangible items that relate to Claimant, the transaction(s) identified above, or the deceptive practices described in this letter, including without limitation:

☐ All contracts, invoices, work orders, receipts, and warranty documents related to Claimant
☐ All advertising, marketing scripts, training materials, and point-of-sale materials used during the transaction period (including TV/radio/online ads, packaging, signage, websites, social media, and influencer content)
☐ All emails, text messages, instant messages, voicemails, call recordings, and CRM/dispatch entries involving Claimant or the transaction
☐ All internal communications regarding Claimant, the product/service at issue, similar consumer complaints, or remediation policies
☐ All consumer complaint files, Better Business Bureau records, Wisconsin DATCP inquiries, Wisconsin Attorney General inquiries, and class correspondence concerning the same product/service
☐ All financial records reflecting payment, refund, chargeback, or credit history for the account
☐ All ESI in original native format with metadata intact; do NOT alter, delete, or overwrite

18. Respondent must immediately suspend any document-destruction or auto-deletion policy that could affect the foregoing materials and instruct all custodians (officers, employees, agents, vendors) to preserve responsive materials. Spoliation will be reported to the court and may support adverse inferences and sanctions under Wisconsin law.

VI. Response Deadline and Method

19. Response Deadline. Respondent's written response to this demand should be received no later than [__/__/____] (30 days from mailing of this demand).

20. Method of Response. All correspondence and tenders should be directed to:

[CLAIMANT NAME / COUNSEL]
[Address]
Email: [____________________]
Phone: [(___) ___-____]

21. Settlement Discussions. This letter is sent in furtherance of settlement negotiations and is protected under Wis. Stat. § 904.08. Nothing in this letter waives any right, claim, or remedy available to Claimant, all of which are expressly reserved.

22. Effect of No Response. Failure to make a reasonable response within 30 days, while not a statutory prerequisite, may support attorney-fee recovery and equitable relief under §§ 100.18(11)(b)2 and 100.20(5) in any subsequent litigation.

Signature Block

Respectfully,

_______________________________
[CLAIMANT NAME]
[Title, if any]
[Address]
[Telephone]
[Email]

Dated: [__/__/____]

Enclosures:
☐ Exhibit A — [Contract / Invoice / Receipt]
☐ Exhibit B — [Advertisement / Representation at issue]
☐ Exhibit C — [Photographs / Inspection report]
☐ Exhibit D — [Prior correspondence]
☐ Certified Mail Return Receipt (PS Form 3811)

cc: [Optional: Wisconsin DATCP Bureau of Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708; Wisconsin DOJ Office of Consumer Protection, P.O. Box 7857, Madison, WI 53707]

Pre-Send Checklist

☐ Confirmed § 100.18 SOL — 3 YEARS from act or transaction (NOT discovery) — Skrupky v. Elbert; calendar critical
☐ Verified registered agent and principal address through WDFI (https://www.wdfi.org)
☐ Letter identifies Claimant by name and address
☐ Letter describes each untrue, deceptive, or misleading representation with specificity and dates
☐ Letter pleads the "public" element with sufficient facts (even one-on-one sales qualify)
☐ Letter distinguishes actionable misrepresentations from non-actionable puffery
☐ Letter pleads materiality and reliance (material inducement standard)
☐ Letter identifies any applicable ATCP rule violation to trigger § 100.20(5) double damages
☐ Letter quantifies pecuniary loss with specific dollar figure
☐ Letter cites both § 100.18 and § 100.20(5) when ATCP rule applies
☐ Litigation hold language included
☐ Sent by certified mail, return receipt requested, AND first-class mail
☐ Sent to registered agent AND principal place of business
☐ Two copies retained (one signed file copy, one date-stamped service copy)
☐ Diary tickled for 30-day response deadline
☐ § 100.18(11)(b)3 3-year SOL tickled
☐ Reviewed by Wisconsin-licensed counsel prior to mailing

Sources and References

• Wis. Stat. § 100.18 (DTPA) — https://docs.legis.wisconsin.gov/document/statutes/100.18
• Wis. Stat. § 100.20 (unfair practices; DATCP) — https://docs.legis.wisconsin.gov/document/statutes/100.20
• Wis. Admin. Code ch. ATCP 100 — https://docs.legis.wisconsin.gov/code/admin_code/atcp
• DATCP Bureau of Consumer Protection — https://datcp.wi.gov/Pages/About_Us/BCPApplicableLaws.aspx
• Wisconsin DOJ Office of Consumer Protection — https://www.doj.state.wi.us/ocp/office-consumer-protection
• K&S Tool & Die Corp. v. Perfection Machinery Sales, Inc., 2007 WI 70, 301 Wis. 2d 109, 732 N.W.2d 792
• Tietsworth v. Harley-Davidson, Inc., 2004 WI 32, 270 Wis. 2d 146, 677 N.W.2d 233
• State v. Automatic Merchandisers of Am., Inc., 64 Wis. 2d 659, 221 N.W.2d 683 (1974)
• Skrupky v. Elbert, 189 Wis. 2d 31, 526 N.W.2d 264 (Ct. App. 1994) (3-year SOL from act, not discovery)
• Hinrichs v. DOW Chemical Co., 2020 WI 2, 389 Wis. 2d 669
• Bonn v. Haubrich, 123 Wis. 2d 168, 366 N.W.2d 503 (Ct. App. 1985)