📋 Overview

You've received a CLRA notice under California Civil Code Section 1782. This is a mandatory 30-day notice required before a consumer can sue for damages under the Consumer Legal Remedies Act. This notice creates both a threat and an opportunity - if you cure the violation within 30 days, the consumer cannot seek damages (only injunctive relief).

⚠ Class Action Risk

CLRA violations are often brought as class actions. The notice may signal class counsel building a case affecting many customers.

🕒 30-Day Cure Window

You have 30 days to cure the violation and offer appropriate correction. A proper cure bars damages claims (CC 1782(b)).

💰 Damages Available

If not cured: actual damages, punitive damages, injunctive relief, and attorney's fees under CC 1780.

Common CLRA Violations (Civil Code 1770)

  • 1770(a)(5) - Representing goods have characteristics they don't have
  • 1770(a)(7) - Representing goods are of particular standard or quality when not
  • 1770(a)(9) - Advertising goods with intent not to sell them as advertised
  • 1770(a)(14) - Representing a transaction is a "sale" when it's not
  • 1770(a)(16) - Misrepresenting affiliation, connection, or association
  • 1770(a)(19) - Inserting unconscionable provisions in contracts
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🔍 Evaluate the Notice

First, determine if the CLRA notice is procedurally valid and substantively accurate. Many CLRA notices contain technical defects or overreach on the alleged violations.

Notice Requirements Checklist

Requirement What to Look For If Missing
Sent to proper address Principal place of business or registered agent May be defective
Specific violation identified Must cite CC 1770 subsection Vague notice issue
Consumer's harm described What they lost or paid May limit damages
Demand for cure stated Specific remedy requested Unclear what cures
Sent via certified mail CC 1782(a) requires this Technical defect

📄 Gather Evidence

  • ✓Advertising/marketing at issue
  • ✓Website screenshots (timestamped)
  • ✓Terms & conditions in effect
  • ✓Consumer's transaction records

📝 Assess Business Practice

  • ✓Is the claim accurate?
  • ✓How many customers affected?
  • ✓Is practice ongoing?
  • ✓Cost to cure vs. litigation?

⚠ The Cure Must Be Complete

A partial cure or insincere offer won't protect you. Under CC 1782(b), you must: (1) actually correct the violation, (2) provide appropriate restitution, AND (3) notify the consumer of the correction. Document everything meticulously.

🛡 Your Defenses

Several defenses may apply to CLRA claims. Some are procedural, others substantive.

No "Consumer" Transaction

CLRA only covers goods or services for personal, family, or household purposes. Business-to-business transactions are not covered.

When to use: The claimant purchased for commercial/business use, not personal use.

No Actual Reliance

CLRA requires the consumer to have relied on the misrepresentation and suffered damages as a result. If they didn't rely on the alleged misstatement, there's no claim.

When to use: Consumer knew the truth, purchased anyway, or was not deceived.

Statements Were True/Accurate

Truth is an absolute defense. If your representations were accurate, there's no CLRA violation even if the consumer is unhappy.

When to use: You can prove the statements made were factually correct.

Protected Opinion/Puffery

Vague opinions or obvious puffery ("Best pizza in town!") are not actionable representations under CLRA. Specific factual claims are different.

When to use: The alleged misrepresentation is subjective opinion, not a factual claim.

Timely Cure Under CC 1782(b)

If you cure the violation within 30 days and provide appropriate remedy, the consumer cannot seek damages - only injunctive relief.

When to use: You've properly cured within 30 days of notice.

🚨 CLRA Claims Often Pair With Other Causes

  • UCL (Bus. & Prof. Code 17200) - Unfair business practices
  • FAL (Bus. & Prof. Code 17500) - False advertising
  • Song-Beverly Act - Warranty violations
  • Fraud - If intentional deception alleged

⚖ Response Options

Based on your evaluation, choose the appropriate response strategy.

Cure & Settle Within 30 Days

If the claim has merit, cure the violation and settle with the individual consumer. This blocks damages claims and may prevent class action.

  • Bars damages (only injunction available)
  • Often cheapest resolution
  • Stops class action momentum

Cure Business Practice Only

Correct the allegedly deceptive practice going forward, notify the consumer, but don't provide individual restitution. Limits but doesn't eliminate exposure.

  • Fixes future exposure
  • May not satisfy CC 1782
  • Consumer may still sue

Dispute the Notice

If the notice is procedurally defective or the claim lacks merit, respond disputing the allegations with supporting documentation.

  • Preserves defenses
  • May deter weak claims
  • Higher litigation risk

Request More Information

If the notice is vague, request specifics about the alleged violation. This may buy time and reveal weakness in claim.

  • Clarifies claim scope
  • Tests claimant's seriousness
  • 30-day clock may still run

📊 CLRA Litigation Cost Analysis

Example: Individual CLRA claim for $500 product

Consumer's actual damages$500
Potential punitive damages (court discretion)$500-5,000
Consumer's attorney fees (if they win)$15,000-50,000
Your defense costs$25,000-100,000
If certified as class action$100,000-millions
Cost to cure + refund individual$500-2,000
CURE NOW vs. LITIGATE$2,000 vs. $50,000+

💡 Class Action Warning Signs

If the notice comes from a law firm known for class actions, mentions "similarly situated consumers," or involves a practice affecting many customers, treat this as a potential class action threat. Early resolution with the named plaintiff may be worth more than face value to prevent class certification.

📝 Sample Responses

Copy and customize these response templates for your situation.

Cure & Settlement Offer
We have received your CLRA notice dated [DATE] regarding [describe practice]. Pursuant to Civil Code Section 1782(b), we wish to cure the alleged violation and provide appropriate relief. We hereby: 1. CORRECTION: We have [describe changes made - e.g., "updated our website and marketing materials to remove the challenged claim"] as of [DATE]. 2. RESTITUTION: We are prepared to provide you with [full refund of $X / replacement product / store credit] to remedy any harm from the challenged practice. 3. CONFIRMATION: We confirm that the allegedly violative practice has been discontinued. Please sign the enclosed release and return it within 14 days to receive your restitution. This cure and offer is made without admission of any CLRA violation.
Denial - No Violation
We have reviewed your CLRA notice dated [DATE] alleging a violation of Civil Code Section 1770(a)([X]). We respectfully dispute your claim for the following reasons: 1. The statement at issue - "[quote the statement]" - is accurate. [Explain why - attach supporting documentation]. 2. Alternatively, the statement constitutes non-actionable opinion/puffery rather than a specific factual representation. 3. You have not identified any actual damages resulting from reliance on this statement. Accordingly, we decline to provide the relief demanded. We have preserved all evidence and are prepared to defend any legal action. If you believe you have additional information supporting your claim, please provide it for our review.
Request for Clarification
We acknowledge receipt of your CLRA notice dated [DATE]. To properly evaluate your claim and provide an appropriate response, we require the following clarification: 1. Please identify the specific representation you allege was false or misleading, including where and when you encountered it. 2. Please explain how you relied on this representation in making your purchase decision. 3. Please itemize the damages you claim to have suffered. 4. Please provide a copy of your receipt, order confirmation, or other proof of purchase. We take compliance with consumer protection laws seriously and will respond substantively within [X] days of receiving this information. We reserve all rights and defenses in the interim.
Partial Cure - Practice Changed
We acknowledge your CLRA notice dated [DATE]. While we do not admit any CLRA violation occurred, we have elected to modify certain business practices as follows: 1. The [marketing claim / website statement / advertisement] has been revised to state [new language]. 2. These changes were implemented on [DATE]. Regarding your individual claim, we have reviewed your transaction and find that you received [describe what they received], which was consistent with our product description. We therefore decline to provide individual restitution. If you believe the practice changes do not adequately address your concerns, please provide additional information and we will review.

🚀 Next Steps

What to do after receiving a CLRA notice.

Step 1: Mark Your Calendar

You have 30 days from receipt to cure. Missing this deadline exposes you to damages.

Step 2: Investigate Quickly

Determine if the claim has merit and how many customers might be affected.

Step 3: Assess Cure Options

Calculate cost to cure this consumer vs. cost of litigation (including class exposure).

Step 4: Respond in Writing

Document your cure or defense. Keep proof of everything.

If They Sue Anyway

  • Check if cure was proper - If you cured, damages should be barred
  • Watch for class certification motion - This is where exposure multiplies
  • Consider early mediation - Often cheaper than discovery costs
  • Review insurance - Some policies cover CLRA defense

Get Professional Help

CLRA claims can become class actions quickly. Get a professional response drafted to protect your business.

Schedule Consultation - $450

California Resources

  • CLRA: Civil Code 1750-1785
  • CC 1770: List of unlawful practices
  • CC 1782: Pre-suit notice and cure requirements
  • CC 1780: Available remedies and damages