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FREE Sample demand letter under consumer legal remedies act for california


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This FREE sample demand letter under the Consumer Legal Remedies Act for California is sent 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.

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FREE Sample demand letter under consumer legal remedies act for california

  1. 1. SEND THIS DEMAND LETTER BEFORE YOU FILE ANY LEGAL ACTION, IF YOU DO NOT YOU WILL NOT WIN IN COURT!! YOU MUST SEND THIS REQUEST BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. 1SEND TO THE BUSINESS AT THE ADDRESS WHERE YOU COMPLETED YOUR TRANSACTION. IF THE BUSINESS HAS A 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 Party Any Street Any Town, CA 99999 Any Business Any Street Any 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, et seq., (hereinafter referred to as the "ACT") and pursuant specifically to Civil Code section 1782 I am hereby notifying __________________________of violations of the Act and of my demand that 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 a chronological sequence of events including but not limited to any 1
  2. 2. 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 ARE APPLICABLE TO YOUR PARTICULAR SITUATION. THESE ARE EXAMPLES ONLY. READ CIVIL CODE SECTION 1770 AS THERE ARE MORE THAN 20 SEPARATE CATEGORIES LISTED 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 are altered, 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, and 5. 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 money as requested. 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 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 if applicable; (4) Punitive damages; (5) Any other relief which the court deems proper; and (6) Court costs and attorneys' fees. 2
  3. 3. DO NOT USE THIS PART UNLESS YOU ARE OVER THE AGE OF 65 YEARS OR ARE A DISABLED PERSON AS DEFINED IN SUBDIVISIONS (f) and (g) of CIVIL CODE SECTION 1761 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). ONLY USE IF APPLICABLE TO YOUR PARTICULAR SITUATION This letter will also constitute FURTHER NOTICE that the actions as set forth above also constitute violations of California's Business and Professions Code Sections 17200, et seq., and 17500, 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 is to 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) calendar days from the date of this letter I will have not choice but to take legal action to protect my interests. Feel free to contact me by telephone at __________________ should you wish to discuss 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 your situation. To view all of the text in the California Civil Code sections cited here, or any other California code sections go to: Sincerely, ______________ To subscribe to my FREE California weekly legal newsletter visit and enter your e- mail address. Be sure to remove these notices before using this document. 3
  4. 4. To view many more sample legal documents created by me, visit this website: http://www.scribdcom/legaldocspro/documents Please like my Facebook page which is located at: 4