Florida Consumer Fraud Demand Letter

Sample Language

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

[Date]

[Business Name]
[Legal Department / Owner]
[Address]

RE: Formal Demand - Violations of Florida Deceptive and Unfair Trade Practices Act
Transaction Date: [DATE]
Amount Paid: $[AMOUNT]
Product/Service: [DESCRIPTION]

Dear [Business Name]:

This letter constitutes formal demand under the Florida Deceptive and Unfair Trade Practices Act (FL Stat § 501.201 et seq.) for damages arising from your deceptive and unfair business practices.

FACTUAL BACKGROUND:

On [DATE], I [purchased/contracted for] [describe product/service - e.g., "a used 2018 Honda Accord," "complete roof replacement," "pool resurfacing service"] from your business for $[AMOUNT]. Your [salesperson/contractor/representative] [NAME] made the following representations:

1. [Specific representation - e.g., "The vehicle had never been in an accident"
2. [Specific representation - e.g., "All work would use premium materials meeting FL building codes"
3. [Specific representation - e.g., "The total price was $X with no additional fees"]

I relied on these representations and completed the transaction. Subsequently, I discovered:

1. [Actual fact contradicting representation - e.g., "CARFAX report shows major accident with $15,000 in damage"
2. [Actual fact - e.g., "Inspection reveals substandard materials and multiple code violations"
3. [Actual fact - e.g., "Final bill included $X in undisclosed fees"]

FDUTPA VIOLATIONS:

Your conduct violates FL Stat § 501.204(1) by constituting unfair and deceptive acts or practices in trade or commerce, specifically:

1. Deceptive Misrepresentation: You falsely represented that [the product/service] possessed characteristics, qualities, and conditions that it did not have. These material misrepresentations induced my purchase.

2. Failure to Disclose Material Facts: You failed to disclose [material fact - accident history, inferior materials, hidden fees] which you knew or should have known would affect my purchasing decision.

3. Unfair Trade Practices: Your conduct offends established public policy and is immoral, unethical, oppressive, and substantially injurious to consumers.

[If applicable:]
4. Unconscionable Acts: Taking advantage of [my lack of knowledge/your superior bargaining position/language barriers] to impose grossly unfair terms constitutes unconscionable conduct under § 501.204.

DAMAGES:

Your deceptive practices have caused substantial economic harm:

- Amount Paid: $[AMOUNT]
- Actual Value of [Product/Service] Received: $[AMOUNT]
- Cost to Repair/Replace: $[AMOUNT]
- Consequential Damages [rental car, hotel, lost work]: $[AMOUNT]
- Total Actual Damages: $[AMOUNT]

Under FL Stat § 501.211(2), I am entitled to: (1) Actual damages; (2) Declaratory and injunctive relief; (3) Reasonable attorney fees as prevailing party per § 501.2105.

SETTLEMENT DEMAND:

To resolve this matter without litigation, you must within 30 days of receiving this letter:

1. [Option A] Refund the full purchase price of $[AMOUNT] and accept return of [product]
2. [Option B] Pay $[AMOUNT] representing the difference between paid price and actual value, plus repair costs
3. Provide written agreement not to report negatively to credit bureaus
4. Provide written confirmation of settlement and release

Total Settlement Demand: $[AMOUNT]

This is your opportunity to resolve this matter economically. Consider carefully the costs of litigation.

CONSEQUENCES OF NON-COMPLIANCE:

Failure to respond or make acceptable settlement offer will result in filing suit in [Circuit/County] Court of [COUNTY] County seeking:

1. Actual damages of $[AMOUNT]
2. Declaratory judgment that your practices violate FDUTPA
3. Injunctive relief prohibiting continued deceptive practices
4. Reasonable attorney fees (likely $10,000-$25,000+ for litigation)
5. Court costs and litigation expenses

Additionally, I will file formal complaints with:

- Florida Attorney General's Consumer Protection Division
- Florida Department of Agriculture and Consumer Services
- Better Business Bureau
- [Industry-specific regulator - DMV, DBPR, etc.]
- Federal Trade Commission

Under FL Stat § 501.2105, courts must award attorney fees to prevailing plaintiffs. Your total liability will far exceed the actual damages if you force litigation. Settle now while the cost is manageable.

I expect your response within 30 days.

Sincerely,
[Your Signature]
[Your Name]
[Phone Number]
[Email Address]