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Sample Demand Letter Under Consumer Legal Remedies Act for California

Sample Demand Letter Under Consumer Legal Remedies Act for California

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Published by Stan Burman
This sample demand letter under the Consumer Legal Remedies Act for California is used pursuant to the Consumer Legal Remedies Act contained in sections 1750 through 1784 of the California Civil Code. The sample is 4 pages and contains brief instructions and must be sent by Certiified Mail, Return Receipt Requested. legal action at least 30 days before filing any legal action.

The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This sample demand letter under the Consumer Legal Remedies Act for California is used pursuant to the Consumer Legal Remedies Act contained in sections 1750 through 1784 of the California Civil Code. The sample is 4 pages and contains brief instructions and must be sent by Certiified Mail, Return Receipt Requested. legal action at least 30 days before filing any legal action.

The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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categoriesTypes, Research
Published by: Stan Burman on Jul 17, 2013
Copyright:Attribution Non-commercial

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10/07/2013

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SEND THIS DEMAND LETTER BEFORE YOU FILE ANYLEGAL ACTION, IF YOU DO NOT YOU WILL NOT WIN INCOURT!! YOU MUSTSEND THIS REQUEST BY CERTIFIEDMAIL, RETURN RECEIPT REQUESTED.1SEND TO THE BUSINESS AT THE ADDRESS WHERE YOUCOMPLETED YOUR TRANSACTION. IF THE BUSINESS HASA MAIN OFFICE YOU MAY ALSO WANT TO SEND ANOTHER COPY TO THE MAIN OFFICE AS WELL.
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NUMBER: XXXXXXXXX
Date:_____________________ Any PartyAny StreetAny Town, CA 99999Any BusinessAny StreetAny Town, CA 99999
RE: PURCHASE OF: ___________________ DATE OF PURCHASE: _______________ AND NOTICE OF VIOLATION OF CONSUMER LEGAL REMEDIES ACT
Dear ____________:
PLEASE TAKE NOTICE
that this letter constitutes notice under the California Consumer Legal Remedies Act, (hereinafter referred to as “CLRA") California Civil Code section 1750, etseq., (hereinafter referred to as the "ACT") and pursuant specifically to Civil Code section 1782 Iam hereby notifying __________________________of violations of the Act and of my demandthat you remedy such violation within thirty (30) calendar days from your receipt of this letter.
LIST ALL OF THE FACTS SURROUNDING YOUR COMPLAINT HERE
On or about ___________________, I purchased _________________from _____________ for a price of $ ___________.
Also include additional details regarding your situation and achronological sequence of events including but not limited to any
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representations made, any 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:
ONLY USE THE EXAMPLES LISTED BELOW IF THEY AREAPPLICABLE TO YOUR PARTICULAR SITUATION. THESEARE EXAMPLES ONLY. READ CIVIL CODE SECTION 1770 ASTHERE ARE MORE THAN 20 SEPARATE CATEGORIESLISTED FOR ILLEGAL PRACTICES
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;3.Representing as original or new, goods that have deteriorated unreasonably or arealtered, reconditioned, reclaimed, used, or secondhand;4. Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not, and5. Inserting an unconscionable provision in a contractDespite repeated attempts for a resolution, none has been forthcoming. _________________ hasfailed to honor its consumer protection obligations and has failed to refund my money asrequested.
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) calendar daysmay 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 if applicable;(4) Punitive damages;(5) Any other relief which the court deems proper; and(6) Court costs and attorneys' fees.2
 
DO NOT USE THIS PART UNLESS YOU ARE OVER THE AGEOF 65 YEARS OR ARE A DISABLED PERSON AS DEFINED INSUBDIVISIONS (f) and (g) of CIVIL CODE SECTION 1761
In addition, California Civil Code Section 1780 (b) provides in part that: "Any consumer who isa 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 remediesspecified therein
, up to five thousand dollars ($5,000) . . . ." (emphasis added).
ONLY USE IF APPLICABLE TO YOUR PARTICULAR SITUATION
This letter will also constitute FURTHER NOTICE that the actions as set forth above alsoconstitute violations of California's Business and Professions Code Sections 17200, et seq., and17500, et seq. (Unfair Business Practices and False Advertising) as unfair business acts and practices.I look forward to receiving my refund in a timely manner. Be advised that my sincere intention isto settle this matter amicably without the need for either party to resort to any legal action.
However, if I do not receive a response from you or a full refund within thirty (30) calendardays from the date of this letter I will have not choice but to take legal action to protect myinterests.
Feel free to contact me by telephone at __________________ should you wish todiscuss this matter further.
Be sure to modify this wording to fit your particular situation.Do NOT just use the wording in this sample unless it applies to yoursituation. To view all of the text in the California Civil Codesections cited here, or any other California code sections go to:http://leginfo.legislature.ca.gov/faces/codes.xhtml 
Sincerely, ______________ 
To subscribe to my FREE California weekly legal newslettervisithttp://www.legaldocspro.net/newsletter.htmand enter your e-mail address. Be sure to remove these notices before using thisdocument.
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