How to write a 60-day DTPA demand letter that actually works

Before you can sue a Texas business under the Deceptive Trade Practices Act, you have to send a demand letter at least 60 days before filing. Done right, the letter usually resolves the dispute. Done wrong, it''s legally useless.

What Texas law requires

Under DTPA § 17.505, the letter must:

1. Identify the specific complaint in reasonable detail.
2. State the economic damages being claimed.
3. State attorney fees claimed, if any.
4. Describe other relief being sought (refund, performance, etc.).

Send it by certified mail, return receipt requested. Keep the receipt. This is the single most important piece of administrative evidence in a later filing.

The anatomy of a good letter

Header: Your name, address, date, business name and address. "Sent via certified mail, return receipt requested."

Opening paragraph: "This letter serves as written notice under Texas Business and Commerce Code § 17.505. I am the consumer of goods and services provided by [business name] pursuant to a contract dated [date]."

Facts section: Bullet the facts cleanly.

• On [date], I contracted with you for [describe services] at a price of $[amount].
• On [date], I paid [amount] as a deposit.
• You failed to [specific failure].
• On [date], I attempted to resolve this by [steps taken].

Legal basis section: "Your conduct violates the DTPA, including but not limited to § 17.46(b)(5) [representations that goods or services have characteristics they do not have], § 17.46(b)(7) [representing goods or services of a particular standard when they are another], and § 17.46(b)(24) [failing to disclose information with intent to induce the transaction]."

Damages section: List every dollar. Contract price, replacement costs, consequential damages.

Relief demand: "I demand payment of $[total] within 60 days. If this amount is not paid, I will pursue all legal remedies, including treble damages and attorney fees under the DTPA."

Closing: Include your contact info. Sign and date.

Common mistakes that invalidate the letter

• Sending by regular mail (no proof of delivery).
• Skipping the specific statutory citations.
• Vague damage numbers ("around $3,000").
• Emotional language. Judges read these; so do opposing counsel.
• Demanding an unreasonable amount. Anchor to actual damages; treble damages are a court remedy, not a demand anchor.

What happens after you send it

• 30-day offer window: the vendor has the option to settle by offering an amount. If the offer equals or exceeds your actual damages, accepting it forecloses some claims.
• Most disputes resolve within 30–45 days of a properly-drafted letter, because the vendor''s carrier (if they have one) or their attorney will advise settlement.

When to hire an attorney to draft

If damages exceed $5,000 or the vendor has counsel, a $400–800 consumer-law attorney draft is usually worth it. Many take DTPA cases on contingency, meaning the fee is conditional on recovery.

Sources: Texas Business and Commerce Code § 17.505 — DTPA Notice, Texas Law Help — DTPA Guide, Texas State Law Library — DTPA Relief.