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Editor's Response
Sure. Below is a copy of a form demand letter from the website of the Massachusetts Attorney General. When using this form, be as precise as possible. Give details that will allow the recipient to understand your complaint, but not so many that the letter becomes difficult to understand. Always send two copies of your letter, one by certified or registered mail, and one by regular mail. Do this because, in some case, the business my refuse the certified mail. Keep copies of the letter and of the receipts you get from the post office. Also, when you send the letter by regular mail, pay the extra buck or so and ask for a Certificate of Mailing. This document is admissible in court as evidence that you actually mailed the letter by regular mail.
Sample Demand Letter
Your Street Name and Number, (Apartment #)
Your City and State, Zip Code
Month, Day, Year
Owner or President of Business
Name of Business
Street Address
Town, State, Zip Code
Dear Mr./Ms. Businessperson:
I am writing to you under the provisions of Massachusetts General Laws, Chapter 93A, Section 9, the Consumer Protection Act. I am writing to request relief as outlined in that statute. On or about (date), the following unfair or deceptive act(s) or practice(s) occurred:
Describe the events as they occurred, including the conduct and time they happened. You may have more than one paragraph here, if you believe that there was more than one unfair or deceptive act that occurred at one time, or if there were multiple times that you were subjected to unfair or deceptive acts or practices.
I believe that the(se) acts or practices are declared unlawful by Section 2 of Chapter 93A, which declares unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce unlawful.
If you are aware of the violation of a specific law or regulation, you will wish to quote the text of that law or regulation here, by saying that you believe the conduct is a violation of [regulation or law number], which provides: then quote the text you believe applies.
I have suffered injury or loss of money or property (in the amount of), (or, as follows:)
Describe why you have been injured in this amount; if you have given the business an opportunity to fix or repairs, for example, and they have not done so, put that information here.
This letter serves as my request for the following relief: (relief or amount of damages you seek). Under the provisions of Section 9 Chapter 93A, I am providing you with the opportunity to make a written offer of settlement of this claim within 30 days. If you fail to make a good faith offer of settlement in response to this request, and I institute legal action, a court may award me double or triple damages, attorney’s fees and costs if the court finds in my favor. I may be reached at the address written above, or at (phone number) between the hours of: ( ). I look forward to hearing from you.
Sincerely,
(Signature)
Your Name (printed or typed)
Hope that helps. Follow these links for important information about whether an act is unfair and deceptive and how you can collect damages in small claims court.
93A letter
Two last points. If the opposing party does not sign for the letter and you get it back, DO NOT OPEN IT!. Bring it to court as prove the party was on, at the very least, constructive notice. 93A, although a very useful weapon, can only be used against business.