A well written chapter 93a demand letter will explain in great detail all the things you are alleged to have done wrong. It may accuse you of having committed a host of unfair and deceptive acts and practices.
Your failure to do so could subject you to triple damages attorney s fees and costs if.
93a demand letter sample. The description of the unfair or deceptive act or practice including all the unfair or deceptive practices claimed the dates involved in the transaction and any other important facts. The demand letter is a prerequisite to suit which must be alleged and proved by the plaintiff. Chapter 93a massachusetts demand letter sample the demand letter for chapter 93a is an official letter sent prior to filing a lawsuit against someone else.
It may allege that you violated the consumer protection act g. In order to bring a chapter 93a claim however an aggrieved party must begin the process by sending what is commonly referred to as a chapter 93a section 9 consumer protection demand letter to which the business has 30 days to respond. The letter may be used for deceptive practices by a business such as bait and switch tactics selling defective items failure to refund or any other issues covered by the massachusetts consumer protection act.
The letter may state that is a written demand for relief. Your full name and address. We are of the opinion that in order to qualify as a written demand under c.
93a a letter must in addition to defining the injury suffered and the relief sought mention at least one of the six factors we have enumerated or contain some other signal which will alert a reasonably perceptive recipient. Geriatric authority of holyoke 394 mass. A proper demand letter mustcontain certain language which will apprise the recipient that the letter seeks relief under chapter 93a.
Therefore i hereby demand the following relief. The letter describes the wrongful acts of the other party along with the demands requiring a response within thirty 30 days. When a contract between two or more parties is signed it means the signatories are legally bound to fulfill the terms of the contract.
The demand letter for chapter 93a is an official letter sent prior to filing a lawsuit against someone else. If you know the regulation number of the regulation violated you may wish to include it. The chapter 93a demand letter must be sent to each proposed defendant at least thirty days prior to filing suit although no demand letter is required to assert a claim under the statute by way of counterclaim cross claim or against a prospective defendant that does not have a place of business or assets within massachusetts.
Indicate relief or payment of damages which is sought chapter 93a gives you the opportunity to make a good faith response to this letter within thirty 30 days. To meet your legal obligations include the following information in your 30 day demand letter. Writing a simple demand letter for breach of contract with sample use this sample demand letter for breach of contract as a template for your demand letter.
The letter describes the wrongful acts of the other party along with the demands requiring a response within thirty 30 days.