SAMPLE LETTER - BREACH OF WARRANTY - VIOLATION OF
SONG-BEVERLY CONSUMER WARRANTY ACT

VIA CERTIFIED MAIL
Return Receipt Requested

Name:                                                 
Address:                                             
City & State:                                       
Zip:                     
Daytime Phone:                                   

Business:                                        
Business Agent:                                    
Address:                                              
City & State:                                       
Zip:                     

Purchase of: ___________________
Date of Purchase: _______________

Re: Violation of California's Song-Beverly Consumer Warranty Act

Dear Sir or Madam:

TAKE NOTICE that this letter constitutes notice that ______________________ is in violation of California's Song-Beverly Consumer Warranty Act, [California Civil Code Section 1790-1795.8] ("Warranty Act") with regard to:

(AS APPLICABLE)

(1) Breach of Express Warranty (Note: This is normally in the Written Warranty that accompanied the sale of the product or service.)

(2) Breach of an Implied Warranty Of (for example: Fitness For A Particular Purpose.)

(LIST APPLICABLE FACTS OF 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, telephone calls, letters, repair attempts, etc.]

(AGAIN AS APPLICABLE TO THE SITUATION/COMPLAINT):

A. (IF FOR BREACH OF EXPRESS WARRANTY)

Despite repeated attempts at repair by _________________ the (product/service) remains defective and therefore there has been a failure and refusal to conform the product to its express warranty under the law.

B. (IF FOR BREACH OF IMPLIED WARRANTY)

Prior to the purchase I (we) explained to ___________________ the special needs and circumstances for which I (we) was purchasing _____________ (name of product or service). I (we) asked _______________________ for a specific representation to meet these needs and circumstances. Based upon the specific representations and recommendations of ________________, I (we) purchased _____________________for a price of $___________________. As set forth in the facts above, there has been a failure and refusal to conform the product to the Implied Warranty Of Fitness For A Particular Purpose.

Based upon the above, demand is hereby made that you refund the sum of $______________ to me 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 Song-Beverly Consumer Warranty Act:

(1) The actual damages suffered;

(2) Civil Penalty (up to twice the amount of actual damages);

(3 Any other relief which the court deems proper; and

(4) Court costs and attorneys' fees.

I look forward to receiving my refund. Thank you for your time and consideration in this matter.

Sincerely,

________________________

Cc:
    UCAN's Fraud Squad
    3100 Fifth Ave., Ste. B
    San Diego, CA 92103
    _________________
    _________________
    _________________