📜 California CLRA 30-Day Demand Letters | Pre-Suit Notice Requirements

🎯 Why the CLRA 30-Day Notice Is Critical

📌 Core concept: California's Consumers Legal Remedies Act provides powerful remedies for unfair business practices, but requires 30-day pre-suit notice before you can sue for damages. This "cure window" gives businesses a chance to fix the problem — and gives you massive settlement leverage.

🛡️ What Is the CLRA?

Cal. Civ. Code §§ 1750–1785 — California's primary consumer protection statute prohibiting 25+ specific unfair practices in consumer transactions.

📋 Common CLRA Violations (§ 1770)

Violation	Consumer Examples
(a)(5) — Misrepresenting characteristics	🚗 Sold "new" car that's refurbished 🏠 "Luxury condo" is actually converted motel
(a)(7) — Misrepresenting quality/grade	📱 "Premium" phone is knockoff 👔 "Professional" service is amateur
(a)(9) — Bait-and-switch	🎪 Venue shows ballroom, delivers warehouse 📸 Photographer portfolio is stolen photos
(a)(14) — False warranty/refund promises	💯 "Satisfaction guarantee" then refuses refunds 🔄 "Full refund for COVID cancellations" then claims fine print
(a)(16) — Disparaging competitors falsely	🏪 Store lies about competitor's products being dangerous
(a)(19) — Unconscionable contract terms	📝 "No refunds ever, even if we breach" ⚖️ "Arbitration only, you waive all rights"

💪 Why CLRA Is Powerful

🎁 Remedies Available (§ 1780)

💰 Actual damages: Your out-of-pocket losses
💵 Restitution: Return of all money paid (even if you got some value)
🛑 Injunctive relief: Court order stopping the unfair practice (useful for systematic violations)
🔥 Punitive damages: If defendant acted with fraud, oppression, or malice (potential 2-5× actual damages)
⚖️ Attorney fees and costs: One-way fee-shifting — you recover legal fees if you win; defendant doesn't if they win

🎯 The attorney fee hook is HUGE:

$5,000 consumer dispute → potential $20K–$50K in attorney fees if case litigated
Defendant faces paying your lawyer's fees ON TOP OF damages
Creates massive settlement pressure (cheaper to refund you $8K than risk $50K+ fee judgment)
Makes it economical to hire lawyer even for moderate claims

⏰ When 30-Day Notice Is Required

⚠️ § 1782 rule: If you want to sue for damages under CLRA, you MUST send 30-day pre-suit notice. Failure = dismissal of your damages claims.

✅ Notice required for:

Actual damages
Restitution (return of money paid)
Punitive damages
Attorney fees (tied to damages claim)

❌ Notice NOT required for:

Injunctive relief (court order to stop practice) — can file immediately
Class action certification and injunctive relief for class

💡 Strategy: Many plaintiffs file for injunctive relief immediately (no notice required), then amend complaint after 30 days to add damages claims once notice period expires.

🎯 Strategic Benefits of CLRA Notice

💼 Business Perspective (Why They Settle)

Fee exposure: Facing $30K+ attorney fees on top of $8K refund
Public record: CLRA lawsuit becomes searchable court record; bad for reputation
Class action risk: If violation is widespread, notice could lead to class cert
Discovery burden: Defending lawsuit requires producing documents, depositions, expert fees
Insurance: May not cover intentional CLRA violations; business pays out of pocket

✅ Your Leverage Timeline

Event	Business Reaction	Your Position
📧 Informal email request	Often ignored or rejected	No legal consequence for ignoring
📜 CLRA 30-day notice	Takes seriously; legal dept involved	Clock starts; business has 30 days to cure or face litigation + fees
⏰ Day 31 (no cure)	Exposed to full damages + attorney fees	Can file lawsuit; settlement pressure maximized
⚖️ Lawsuit filed	Paying lawyer $300-$500/hr to defend	Discovery begins; can subpoena internal docs, take depositions

💡 Reality: Most businesses settle during 30-day window or shortly after to avoid litigation costs.

⚖️ Section 1782 Requirements (Step-by-Step Compliance)

📜 Cal. Civ. Code § 1782 — Notice; Demand for correction, repair, replacement, or other remedy

This section sets strict procedural requirements. Miss even one = your damages claims dismissed. Follow this checklist exactly.

✅ Mandatory Checklist for Valid CLRA Notice

1️⃣ Form: Written Notice (§ 1782(a))

Must be in writing (email alone is risky; use formal letter)
Include your name, contact information
Identify the transaction (date, product/service, amount paid)
State specific CLRA violations
Demand appropriate remedy

2️⃣ Delivery Method: Certified or Registered Mail (§ 1782(a))

⚠️ Critical: Notice must be sent by certified or registered mail, return receipt requested.

❌ Email alone = NOT sufficient (even if defendant reads it)
❌ Regular mail = NOT sufficient (no proof of delivery)
❌ Personal delivery = NOT sufficient (no statutory compliance)
✅ USPS Certified Mail with return receipt = REQUIRED
✅ USPS Registered Mail = Also acceptable (more expensive but trackable)

📦 How to do it:

Go to post office with letter in envelope
Request "Certified Mail with Return Receipt" (green card)
Pay fee (~$8-$10 total)
Get tracking number — keep this!
When green card returns with signature, keep this too!
Save both as proof of delivery date (starts 30-day clock)

3️⃣ Addressee: Where to Send (§ 1782(a))

Send to defendant's:

Place where the transaction occurred (e.g., store location where you bought product), OR
Principal place of business in California, OR
Registered agent for service of process (for LLCs/corporations — check CA Secretary of State business search)

💡 Pro tip: If business has multiple locations, send to:

Legal Department or General Counsel at corporate headquarters (most likely to reach decision-makers)
Agent for Service of Process (guarantees valid delivery; find via CA Secretary of State search)

You can send to multiple addresses simultaneously (belt-and-suspenders approach).

4️⃣ Content: Identify Specific Violations (§ 1782(a))

⚠️ Most common mistake: Vague notice saying "you violated CLRA" without citing specific § 1770 subsections.

❌ WRONG (too vague):

"You engaged in unfair business practices under the CLRA. I demand a refund."

✅ CORRECT (specific):

"You violated California Civil Code § 1770(a)(5) by representing the product as new when it was refurbished, and § 1770(a)(7) by misrepresenting the product as 'commercial grade' when it is consumer grade."

How to identify violations:

Read full text of § 1770 (lists 25+ prohibited practices)
Match defendant's conduct to specific subsection(s)
Cite subsection letter/number in notice (e.g., § 1770(a)(5), (a)(7), (a)(14))
Briefly describe how defendant's conduct fits each violation

5️⃣ Demand: "Appropriate" Correction/Remedy (§ 1782(a))

Statute requires you demand: "appropriate correction, repair, replacement, or other remedy"

What's "appropriate"?

Defective product: Repair, replacement, or refund
Service failure: Re-performance or refund
Misrepresentation: Refund + reimbursement of damages
Ongoing violation: Stop the practice + refund/compensation

Examples of appropriate demands:

"Full refund of $8,500 purchase price plus reimbursement of $2,300 in consequential damages"
"Repair of defect or replacement with conforming product"
"Refund of subscription fees paid for services never delivered"

💡 Strategy: Demand what you actually want, but be realistic. Demanding $100K for $5K dispute looks like bad faith. Demand full refund + actual losses (you can always negotiate down during 30-day window).

6️⃣ Waiting Period: 30 Days (§ 1782(a))

Clock starts: Date defendant receives notice (use certified mail delivery date from return receipt)
Defendant has 30 days to: Provide appropriate remedy (cure)
You must wait full 30 days: Cannot file lawsuit for damages until day 31
Exception: Can file for injunctive relief only immediately, then amend for damages after 30 days

🛡️ What Happens During 30 Days?

✅ Defendant Provides "Appropriate" Cure (§ 1782(b))

If defendant provides timely appropriate remedy:

✅ Cuts off your ability to recover damages and attorney fees
✅ You still keep the refund/repair/replacement they provided
❌ You can still sue for injunctive relief (to stop ongoing practice affecting others)
❌ BUT: If cure was inadequate or untimely, you can still sue for damages

What makes cure "appropriate"?

Addresses the harm: Refunds money, fixes defect, replaces product
Timely: Provided within 30 days of receiving notice
Unconditional: No strings attached (e.g., "we'll refund but you must sign NDA and delete reviews" = not appropriate)
Reasonably complete: Covers actual losses (not just token partial refund)

❌ Defendant Fails to Cure or Cure Is Inadequate

After 30 days, you can file lawsuit seeking:

💰 Actual damages (out-of-pocket losses)
💵 Restitution (all money paid)
🔥 Punitive damages (if fraud/oppression/malice)
⚖️ Attorney fees and costs
🛑 Injunctive relief

✍️ CLRA 30-Day Notice Template & Strategy

📄 Universal CLRA 30-Day Demand Letter Template

[Your Name]
[Your Address]
[City, State ZIP]
[Email]
[Phone]

[Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Tracking No.: _______________

[Business Name]
[Attention: Legal Department / General Counsel]
[Business Address]
[City, State ZIP]

Re: CLRA 30-Day Pre-Suit Demand — [Brief Description of Transaction]

Dear [Business Name]:

This letter constitutes formal notice under California Civil Code § 1782 of violations of the Consumers Legal Remedies Act arising from your unfair and deceptive practices in connection with [describe transaction].

I. TRANSACTION DETAILS

Date of transaction: [date]
Product/Service purchased: [description]
Purchase price: $[amount]
Location: [where transaction occurred]
Proof of purchase: [receipt, invoice, contract — attach copy]

II. CLRA VIOLATIONS (Cal. Civ. Code § 1770)

Your conduct violates the following provisions of the Consumers Legal Remedies Act:

A. Section 1770(a)(__) — [Violation Name]

[Describe specific violation. Example:]

You violated § 1770(a)(5) by representing the [product/service] as having characteristics it does not have. Specifically, your website and marketing materials stated [quote false claim], when in fact [describe reality]. This material misrepresentation induced me to purchase the [product/service].

B. Section 1770(a)(__) — [Additional Violation]

[Continue for each violation...]

III. DAMAGES

As a direct result of your CLRA violations, I have suffered the following damages:

Purchase price paid: $[amount]
Consequential damages: $[itemize: replacement costs, wasted expenses, etc.]
Total actual damages: $[sum]

IV. DEMAND FOR APPROPRIATE REMEDY (Cal. Civ. Code § 1782)

Pursuant to Civil Code § 1782, I demand the following appropriate remedy within 30 days of your receipt of this notice:

[Primary demand]: Full refund of $[amount] paid, OR
[Alternative demand]: [e.g., Replacement with conforming product plus reimbursement of consequential damages], AND
Reimbursement of: $[amount] in [consequential damages description]

Total payment demanded: $[sum]

V. CONSEQUENCES OF FAILURE TO PROVIDE APPROPRIATE REMEDY

This letter serves as the mandatory 30-day pre-suit notice required by Civil Code § 1782. If you fail to provide an appropriate remedy within 30 days of receipt of this notice, I will pursue all available legal remedies, including:

Civil action for actual damages, restitution, and punitive damages under the CLRA (§ 1780)
Claims under California Unfair Competition Law (Bus. & Prof. Code § 17200 et seq.)
Recovery of attorney fees and costs (CLRA § 1780(e) mandates fee-shifting to prevailing plaintiff)
Injunctive relief to prevent continued violations
[If applicable:] Complaint to [FTC, state Attorney General, licensing board, etc.]
[If applicable:] Credit card dispute under Fair Credit Billing Act

Given the CLRA's one-way attorney fee provision, your litigation exposure will far exceed the amount in dispute. I strongly encourage you to resolve this matter promptly.

VI. RESERVATION OF RIGHTS

Nothing in this letter waives any legal claims, defenses, or remedies. This notice is provided solely to comply with Civil Code § 1782 pre-suit requirements. I reserve all rights to pursue additional claims and remedies under state and federal law.

Please contact me at [email] or [phone] within 30 days to arrange payment or discuss resolution.

Sincerely,

[Your Signature]
[Your Typed Name]

Enclosures:

Copy of [receipt/contract/invoice]
Proof of [defect/misrepresentation] (photos, screenshots, etc.)
[Other supporting documents]

cc: [If applicable: California Attorney General Consumer Protection Division, Better Business Bureau, etc.]

📋 Filling Out the Template (Field-by-Field)

🔹 Header Information

Your info: Full legal name, complete address, email, phone
Date: Date you're mailing the letter
Tracking No.: Fill in after you get certified mail receipt from post office
Recipient: Business legal name (check Secretary of State if unsure), address (see § 1782 requirements above)
Attention line: "Legal Department," "General Counsel," or specific person if known

🔹 Section II: Identifying Violations

Common § 1770 violations to cite:

Your Situation	Cite This Violation
Product sold as "new" but was refurbished/used	§ 1770(a)(5) — misrepresenting as original/new
False quality claims ("professional," "luxury," "premium")	§ 1770(a)(7) — misrepresenting quality/grade
Bait-and-switch (advertised X, delivered Y)	§ 1770(a)(9) — advertising with intent not to sell as advertised
False "satisfaction guarantee" or "full refund" promise	§ 1770(a)(14) — misrepresenting rights/remedies
"Nonrefundable" or "no warranty" clause buried in fine print	§ 1770(a)(19) — unconscionable provision
False claims about competitor's products	§ 1770(a)(16) — disparaging competitors

🔹 Section III: Damages

Purchase price: Exact amount you paid (from receipt)
Consequential damages: Additional losses caused by violation (replacement cost if higher, wasted related expenses, lost opportunity, etc.)
Be specific: "Replacement product cost $X more" or "Lost deposit to venue: $Y"

🔹 Section IV: The "Ask"

Be clear and reasonable: "Full refund of $5,000 plus $2,000 reimbursement of replacement costs = Total $7,000"
Offer alternatives: "Refund OR replacement with conforming product"
Don't lowball yourself: Demand full remedy; you can negotiate down later

📮 Mailing & Tracking

Print letter, sign in ink
Make copy for your records
Place in envelope addressed to business
Go to post office, request "Certified Mail, Return Receipt Requested"
Fill out green card (PS Form 3811) with your return address
Pay fee, get tracking number — write it on your copy of letter
Track online at usps.com to confirm delivery
When green card returns with signature, file it safely (proof of delivery date)
Mark calendar: Day 30 after delivery = deadline for cure; Day 31 = earliest you can file suit

🛡️ Cure Responses & Defenses

✅ What Is "Appropriate" Cure?

§ 1782(b) standard: Defendant must provide "appropriate correction, repair, replacement, or other remedy" within 30 days. If they do, it cuts off CLRA damages and attorney fees (but not injunctive relief claims).

Examples of Adequate Cure

Violation	Appropriate Cure	Inadequate "Cure"
Sold defective product	✅ Full refund OR working replacement	❌ Store credit only ❌ 10% discount on next purchase
Misrepresented service quality	✅ Re-performance by qualified provider OR full refund	❌ "We'll try again" (after multiple failures) ❌ Partial refund ($500 on $5K service)
False refund guarantee	✅ Honor the refund as promised	❌ "We'll give you 50% instead of 100%"
Bait-and-switch (wrong product delivered)	✅ Deliver advertised product OR full refund + consequential damages	❌ "Keep the wrong product, here's 20% off"

🚫 Conditional or Coercive "Cures" Are Invalid

⚠️ Business CANNOT condition cure on:

❌ Signing broad release of all claims (including unrelated ones)
❌ Agreeing to arbitration or waiving right to sue
❌ Non-disparagement / gag order ("you must delete bad reviews")
❌ Confidentiality agreement (NDA covering the dispute)
❌ Assignment of rights or other unrelated demands

Courts hold that cure must be unconditional. Attaching onerous conditions = no cure = you can still sue for damages + fees.

⏰ Timing Matters

Cure provided Day 29: ✅ Timely (within 30 days)
Cure provided Day 31: ❌ Too late; you can sue for damages
Partial cure Day 15, completion Day 35: ❌ Completion beyond 30 days = inadequate
Offer to cure Day 20, payment not received until Day 40: ❌ "Offer" isn't cure; actual remedy must be completed within 30 days

💬 Common Business Responses

Response 1: "We dispute your claims, no violation occurred"

Effect: Not a cure. You can sue on Day 31.

Your response: "Your position is noted. I will proceed with litigation on [date]."

Response 2: "We'll give you partial refund ($X)"

Analysis: Is $X close to what you demanded? If 70-80%+ of full demand, might be "appropriate." If token amount (10-20%), likely inadequate.

Your response: "I will accept $[counter amount] as full settlement. If not acceptable, I will proceed with litigation."

Response 3: "We'll refund you but you must sign this release and NDA"

Effect: Conditional cure = no cure. You can sue.

Your response: "I will accept refund without conditions. CLRA cure cannot be contingent on release of unrelated claims or gag order. Provide unconditional refund by Day 30 or I will file suit."

Response 4: "Here's your full refund" (check arrives Day 25)

Effect: ✅ Appropriate cure. Cuts off damages and attorney fees.

Your options:

Accept refund; dispute resolved
If you want to stop business from doing this to others, you can still sue for injunctive relief only (no damages or fees, but court can order them to fix practices)

Response 5: (Silence — no response at all)

Effect: No cure. File suit Day 31.

Your move: Hire attorney or file in small claims/superior court

👔 Attorney Services for CLRA Demand Letters

🎯 Why Hire an Attorney for CLRA Demands

CLRA notices are technical legal documents with strict procedural requirements. A mistake (wrong mailing method, vague violation identification, improper timing) can torpedo your entire case. Attorney-drafted demands carry weight and ensure compliance.

⚖️ Services I Provide

📋 CLRA Demand Letter Preparation

Transaction analysis: Review contracts, receipts, marketing materials, and communications to identify CLRA violations
Violation mapping: Match defendant's conduct to specific § 1770 subsections; draft precise statutory citations
Damages calculation: Itemize purchase price, consequential losses, and potential punitive damages; build evidence support
Procedural compliance: Ensure notice meets all § 1782 requirements (certified mail, proper addressee, specific violations, appropriate demand)
Strategic drafting: Balance aggressive tone (show seriousness) with settlement invitation (encourage cure to avoid litigation)
Certified mailing service: Handle mailing, tracking, and proof-of-delivery documentation

⏰ 30-Day Window Management

Response evaluation: Analyze defendant's cure offer for adequacy under § 1782(b)
Negotiation: Counter partial refund offers; push for full remedy
Conditional cure challenges: Identify and reject improper conditions (forced arbitration, gag orders, broad releases)
Deadline monitoring: Track 30-day period; ensure timely action if cure inadequate

⚖️ Post-Notice Litigation (If Cure Fails)

Complaint drafting: File CLRA + UCL claims in superior court (or small claims if ≤$10K)
Injunctive relief: Seek court orders stopping ongoing violations (protects other consumers)
Discovery: Subpoena internal company documents showing knowledge of violations, pattern of similar complaints
Settlement negotiation: Leverage attorney fee exposure to maximize recovery
Trial representation: Litigate to verdict if necessary; recover damages + fees

Fee Structure

Demand letter: Flat fee $450

Hourly rate: $240/hr

Contingency: 33-40%

✅ When to Hire Counsel for CLRA Demands

💵 Dispute value >$5,000 — attorney fee leverage makes litigation economically viable
📜 Complex violations — multiple § 1770 subsections, nuanced misrepresentation claims
🏢 Corporate defendant — businesses with legal departments respond more seriously to attorney demands
⚠️ Technical procedural requirements — can't risk DIY mistakes that tank the case
🎯 Pattern of violations — systemic issues affecting multiple consumers (potential class action or public interest case)
⏰ Prior self-help failed — you sent informal demand, got ignored or rejected

📊 Case Example: $12,000 Venue Deposit Recovery

Facts: Client paid $8K deposit for wedding venue. Venue cancelled 4 months before event (gave date to higher-paying client). Refused refund, citing "nonrefundable" clause. Client paid $12K for replacement venue (last-minute premium).

CLRA violations identified:

§ 1770(a)(14) — Misrepresented refund policy (website said "full refund if we cancel" but contract fine print said "no refunds ever")
§ 1770(a)(19) — Unconscionable term (keeping 100% deposit when venue breached and re-booked immediately)

Strategy:

Sent CLRA 30-day demand: $8K refund + $4K additional cost for replacement = $12K total
Venue offered $3K "goodwill gesture" — rejected as inadequate cure
Filed superior court complaint Day 31 alleging CLRA violations + breach of contract
Discovery showed venue re-booked date within 1 week (unjust enrichment)
Venue faced $12K damages + $25K+ attorney fees exposure

Result: Settled for $11,000 refund (92% of demand) before trial. Venue paid my attorney fees separately: $9,600 (40 hours litigation work). Client net recovery: $11,000 (full damages with no fee deduction).

📅 Schedule a Consultation

Discuss your CLRA claim with an attorney experienced in California consumer protection law. I'll review your transaction, identify statutory violations, draft a compliant 30-day demand, and handle negotiations to maximize your recovery.

📧 Contact: owner@terms.law

Received this type of letter? See our Response Guide →