SAMPLE LETTER - NOTICE OF VIOLATION OF
CONSUMER LEGAL REMEDIES ACT ("CLRA")
Return Receipt Requested
Name:
Address:
City & State:
Zip:
Daytime Phone:
Date:
Business:
Business Agent:
Address:
City & State:
Zip:
Purchase of: ___________________
Date of Purchase: _______________
RE: Violation of: Consumer Legal Remedies Act
Dear Sir or Madam:
PLEASE TAKE NOTICE that this letter constitutes notice under the California Consumer Legal Remedies Act, ("CLRA") California Civil Code Section 1750, et seq., (the "ACT") -- pursuant specifically to Civil Code Section 1782 -- notifying __________________________of violations of the Act and of my (our) demand that you remedy such violation within 30 days from your receipt of this letter.
(LIST THE FACTS SURROUNDING YOUR COMPLAINT HERE)
On or about ___________________, I (we) purchased _________________from _____________ for a price of $ ___________. [Next provide additional details and a Chronology/Sequence of Events --including but not limited to representations made telephone calls, letters, repair attempts, etc.]
Please be advised that the alleged unfair methods of competition or unfair or deceptive acts or practices in violation of the CLRA include, but are not necessarily limited to:
(AS APPLICABLE TO THE SITUATION/COMPLAINT):
(FOR EXAMPLE ONLY)
1. Representing that goods have characteristics, uses and benefits which they do not have;
2. Representing that goods are of a particular standard, quality, or grade, if they are of another; and
3. Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not.
4. Inserting an unconscionable provision in a contract
Despite repeated attempts for a resolution, none has been forthcoming. _________________ has failed to honor its consumer protection obligations and has failed to refund my (our) money as requested. Based upon the above, demand is hereby made that you refund the sum of $______________ to me/us in full.
Please be advised that your failure to comply with this request within thirty (30) days may subject you to the following remedies, which are available for a violation of the Consumer Legal Remedies Act. (1) The actual damages suffered;
(2) An order enjoining you for such methods, acts or practices;
(3) For restitution of property (when applicable);
(4) Punitive damages;
(5) Any other relief which the court deems proper; and
(6) Court costs and attorneys' fees.
[IF APPLICABLE]
In addition, California Civil Code Section 1780 (b) provides in part that: "Any consumer who is a senior citizen or a disabled person, as defined in subdivisions (f) and (g) of Section 1761, as part of an action under subdivision (a), may seek and be awarded, in addition to the remedies specified therein, up to five thousand dollars ($5,000) . . . ." (emphasis added).
[IF APPLICABLE]
This letter will constitute FURTHER NOTICE that the actions as set forth above also constitute violations of California's Business and Professions Code Sections 17200 and 17500 (Unfair Business Practices and False Advertising) as unfair business acts and practices.
I look forward to receiving my refund. Thank you for your time and consideration in this matter.
Sincerely,
__________________
Cc: _____________
_____________
_____________
Cc: UCAN's Fraud Squad
3100 Fifth Ave., Ste. B
San Diego, CA 92103