When You Need a Refund Demand Letter
If you've purchased a product or service that didn't meet expectations, was defective, or wasn't as described, you have consumer rights that protect you. A formal refund demand letter is often the most effective way to resolve these issues when initial contact attempts have failed. As an attorney with over 12 years of experience helping businesses and consumers resolve disputes, I've seen how a well-crafted demand letter can make the difference between a denied claim and a prompt refund.
Consumer Protection Laws That Support Your Claim
The Federal Trade Commission (FTC) enforces consumer protection regulations including the FTC Act, which prohibits "unfair or deceptive acts or practices in or affecting commerce." The Magnuson-Moss Warranty Act provides protections regarding product warranties, requiring companies to honor their commitments. States often provide additional protections — California's Consumer Legal Remedies Act (CLRA) and Song-Beverly Consumer Warranty Act, for example, offer some of the strongest consumer protections in the country. Many states have enacted the Uniform Commercial Code (UCC), establishing implied warranties of merchantability and fitness.
Components of an Effective Demand Letter
- Clear identification and transaction details — your name, the company's name, order number, purchase date, amount, and payment method
- Detailed problem description — specific, factual description of defects, non-delivery, or misrepresentation
- Prior contact attempts — documentation of calls, emails, and support tickets showing you tried to resolve the issue
- Specific resolution requested — full refund, partial refund, replacement, or repair with exact amounts
- Legal references and deadline — citation of applicable consumer protection laws and a firm response deadline
- Escalation warning — notice of potential next steps including BBB complaints, attorney general complaints, and small claims court
After Sending Your Demand Letter
Credit card chargebacks: If you paid by credit card and the company refuses your refund, file a chargeback under the Fair Credit Billing Act. Most card companies allow disputes within 60-120 days. Consumer protection agencies: File complaints with the FTC, Consumer Financial Protection Bureau (CFPB), your state's attorney general, and the BBB. Small claims court: For disputes typically under $10,000 (limits vary by state), small claims court provides an accessible legal remedy with low filing fees and simplified procedures. Your demand letter serves as important evidence demonstrating your good-faith attempt to resolve the matter.
Common Mistakes to Avoid
Keep your letter professional and factual — emotional language weakens your position. Be specific about the problem and the exact resolution you want. Document everything: receipts, photos, emails, and chat logs. Set a reasonable deadline (10-30 days). Send via certified mail with return receipt for legal proof of delivery, plus email for faster response. Don't make empty threats — only reference next steps you're actually prepared to take.