DEMAND LETTER - FRAUD AND MISREPRESENTATION
State of Arkansas
[LAW FIRM NAME]
[FIRM ADDRESS]
[CITY], Arkansas [ZIP]
Tel: [TELEPHONE]
Arkansas Bar No. [BAR NUMBER]
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[DATE]
[RECIPIENT NAME]
[COMPANY NAME]
[ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND - FRAUD AND MISREPRESENTATION
Our Client: [CLIENT NAME]
Demand Amount: $[AMOUNT] (plus punitive damages)
Dear [RECIPIENT NAME]:
This firm represents [CLIENT NAME] regarding fraud claims arising from your misrepresentations.
I. ARKANSAS FRAUD LAW
Under Arkansas law, fraud requires: (1) a false representation of material fact; (2) knowledge of falsity; (3) intent to induce action; (4) justifiable reliance; and (5) resulting damages. See Tyson Foods, Inc. v. Davis, 347 Ark. 566, 66 S.W.3d 568 (2002).
II. THE FRAUDULENT MISREPRESENTATIONS
Statement: "[QUOTE]"
When/Where: [DATE], [LOCATION]
Falsity: [EXPLAIN]
Your Knowledge: [DESCRIBE]
III. DAMAGES
| Category | Amount |
|---|---|
| Compensatory Damages | $[AMOUNT] |
| Prejudgment Interest (6%) | $[AMOUNT] |
| SUBTOTAL | $[SUBTOTAL] |
Punitive Damages: Under Ark. Code Ann. section 16-55-208, capped at the greater of 3x compensatory damages or $250,000 (up to $1,000,000 maximum).
IV. ARKANSAS DECEPTIVE TRADE PRACTICES ACT
Your conduct may also violate Ark. Code Ann. section 4-88-107, entitling our Client to actual damages, attorney fees, and civil penalties.
V. STATUTE OF LIMITATIONS
Under Ark. Code Ann. section 16-56-105, fraud claims must be brought within 3 years from discovery. This claim is timely.
VI. DEMAND
Within [30] days, pay $[COMPENSATORY AMOUNT].
[LAW FIRM NAME]
By: _______________________________
[ATTORNEY NAME]
Arkansas Bar No. [BAR NUMBER]
cc: [CLIENT NAME]