Consumer Letter Template
Refund Demand Letter to Merchant (Free Template + 30-Day Demand)
You bought something, it didn't arrive — or it arrived broken, or wasn't what was advertised, or you returned it and never got refunded. The merchant won't fix it. This is the demand letter that usually does.
The letter
Copy, customize, send.
[Your Full Name] [Mailing Address] [City, State ZIP] [Phone] [Email] [Date] [Merchant Legal Name — not just the DBA] [Registered agent or corporate address] [City, State ZIP] Sent via certified mail, return receipt requested (Copy also emailed to [merchant customer service / legal] for the record.) Re: Demand for Refund — Order #[Order Number] Dear Customer Service / Legal Department: I am writing to demand a full refund of $[Amount] for the transaction described below, pursuant to my rights under [State] consumer-protection law and applicable federal law. Purchase facts: • Date of purchase: [Date] • Order number / invoice number: [Number] • Item or service: [Description] • Amount paid: $[Amount] • Payment method: [Credit card / debit card / bank transfer / etc. — relevant because credit card unlocks FCBA dispute separately] • Channel: [Website / mobile app / phone / mail / in-store] • Promised delivery / completion: [Date] What went wrong: [Pick one or more, with specific facts. Don't be vague.] [ ] Item never shipped or never arrived (last tracking activity: [Date]). [ ] Item arrived damaged or defective. [Describe.] [ ] Item materially not as described. [Describe the gap between what was advertised and what arrived.] [ ] I returned the item within your stated return window and have not received a refund. [Return shipment tracking #, date received by you.] [ ] Service was not performed as agreed. [Describe.] Prior attempts to resolve: • [Date — channel (email/chat/phone) — name of rep if known — outcome] • [Date — channel — outcome] • [Date — channel — outcome] Legal basis for the demand: 1. [If mail/Internet/phone order and shipping deadline missed] Under the FTC Mail, Internet, or Telephone Order Merchandise Rule, 16 C.F.R. § 435.2, you were required to ship by the time stated in your offer or, if no time was stated, within 30 days. You did not. Under § 435.2(b), I have the right to cancel and receive a prompt refund. Under § 435.1, "prompt refund" means within 7 working days by a means at least as fast and reliable as first-class mail, or within one billing cycle if paid by credit card. 2. [If the item is a consumer product with a written warranty] Under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, I am entitled to enforce the warranty obligations and to recover costs and reasonable attorney's fees if I am required to file suit. 3. Under the implied warranty of merchantability codified at UCC § 2-314 (adopted in [State]), the goods you sold were required to be fit for their ordinary purpose. They were not. 4. Under [State] consumer-protection law (e.g., Mass. G.L. c. 93A § 2 + § 9; Cal. Civ. Code § 1750 et seq. (CLRA) + Bus. & Prof. Code § 17200 (UCL); Tex. Bus. & Com. Code § 17.46 (DTPA); N.Y. Gen. Bus. Law § 349; Fla. Stat. § 501.204 (FDUTPA); 815 ILCS 505/2 (ICFA)), your refusal to refund constitutes an unfair or deceptive act or practice. This letter is being sent at least [30 days — required in MA, CA CLRA; or 60 days — required in TX DTPA] before any civil action I may bring, consistent with the pre-suit notice requirements of [Mass. G.L. c. 93A § 9; Cal. Civ. Code § 1782; Tex. Bus. & Com. Code § 17.505]. Demand: I demand a full refund of $[Amount] to my original payment method within [30] days of your receipt of this letter, plus a written confirmation that the refund has been issued and the transaction is closed. If you do not provide a full refund within this period, I reserve the right to pursue all available remedies, including: • Suit for actual damages, statutory multiple damages, and reasonable attorney's fees under [State] consumer-protection statute. (In Massachusetts under Ch. 93A § 9: double or treble damages if the violation is willful or the response inadequate, plus mandatory attorney's fees for a prevailing consumer.) • Chargeback dispute under the Fair Credit Billing Act, 15 U.S.C. § 1666, with my credit card issuer. • Complaints to my state Attorney General's consumer protection division, the FTC at ReportFraud.ftc.gov, and the Better Business Bureau. Please send the refund or your written response to the address above. Sincerely, [Your Signature] [Your Printed Name] Enclosures: [order confirmation; receipts; correspondence with merchant; return shipment tracking; photos of damaged item if applicable]
This template is for informational use only. It is not legal advice and does not create an attorney-client relationship. Square-bracketed placeholders must be replaced with your specific facts. State law and procedural details vary; if your situation is urgent, complicated, or high-stakes, email info@imfrustrated.org for a free conversation with a volunteer attorney before you send it.
How to use it
A few things before you send.
- 1.Send by certified mail with return receipt requested to the merchant's registered-agent or corporate address (look it up on the secretary of state's business search if you don't have it). Email a copy too, but the certified mail is what proves the date for the statutory deadline.
- 2.Use Massachusetts G.L. c. 93A § 9 as your template even if you don't live in Massachusetts. The 30-day demand framework is the cleanest pre-suit consumer-protection regime in the country, and the structure — demand, deadline, multiple damages on inadequate response — translates well to other states' UDAP statutes.
- 3.Pick the specific defect (didn't ship / damaged / not as described / return not refunded / service not performed) and be specific. Vague "I want my money back" letters work less often than concrete "I returned the item via FedEx tracking #1234 on [date], you confirmed receipt on [date], it's been 47 days, no refund."
- 4.Continue any parallel processes. File a chargeback with your credit card issuer (the FCBA gives you 60 days from the statement showing the charge). File a complaint with the state AG's consumer protection division. File an FTC report at ReportFraud.ftc.gov. These tracks reinforce each other.
- 5.Track the deadline. If you cited 30 days in Massachusetts and the merchant ignores you or makes a low-ball offer, document the failure to respond — that's what triggers double/treble damages and mandatory attorney's fees under Ch. 93A § 9.
What the law actually says
Why this letter works.
Refund demand letters typically stack four bodies of law, each of which independently supports the demand and together create overlapping leverage. The first is your state's UDAP statute (Unfair and Deceptive Acts and Practices) — every state has one. They differ in important ways: damages multipliers (double or treble in Massachusetts, treble in Texas, treble in CA CLRA class actions), attorney's-fee provisions (mandatory in MA, TX, and CA CLRA; discretionary in NY and IL), and pre-suit notice requirements (30 days in MA and CA CLRA; 60 days in TX; none in NY, FL, or IL for general UDAP claims).
The federal floor is the FTC's Mail, Internet, or Telephone Order Merchandise Rule, codified at 16 C.F.R. Part 435. It applies to any seller soliciting orders by mail, telephone, fax, or Internet — expanded to explicitly cover Internet orders by the 2014 amendments. The Rule requires the seller to ship by the time stated in its offer, or, if no time is stated, within 30 days. If the seller can't, it must offer the buyer the option to either consent to a delay or cancel for a full refund. "Prompt refund" under § 435.1 means within 7 working days by a means at least as fast and reliable as first-class mail, or within one billing cycle for credit-card purchases. FTC enforcement carries civil penalties — currently up to approximately $51,744 per violation, updated annually for inflation.
For written warranties on consumer products, the Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) is the operative federal statute. It allows a private suit for failure to comply with warranty obligations, requires a successful consumer to be made whole for the breach, and authorizes recovery of costs and reasonable attorney's fees based on actual time expended. If the warrantor has designated an FTC-qualified informal dispute settlement procedure in the warranty, the consumer must first resort to that procedure before commencing an individual civil action — but most warrantors don't have one.
Massachusetts G.L. c. 93A § 9 is the canonical demand-letter regime in the country. It requires a written 30-day demand identifying the claimant, reasonably describing the unfair or deceptive act, identifying the injury, and demanding relief. The merchant has 30 days to respond with a written tender of settlement. If the merchant ignores the letter or makes a bad-faith low offer, and the violation is later found to be willful or knowing, or the response inadequate, the court must award double or treble damages, plus mandatory attorney's fees. The structure — explicit pre-suit window, demand for tender, multiplier consequence — is the gold standard, and the framing translates well into other states' UDAP regimes even where the procedural rules are different.
A demand letter sits alongside, not instead of, a chargeback under the Fair Credit Billing Act (covered in the credit-card billing-error letter in this library). For credit-card purchases, you have 60 days from the statement showing the charge to file a written FCBA dispute with your card issuer, and the issuer must investigate while not collecting the disputed amount or reporting it as delinquent. The two tracks reinforce each other: the demand letter to the merchant focuses on getting the underlying refund; the FCBA dispute focuses on reversing the charge with the issuer.
State variations
What changes by state.
Not a comprehensive list. Confirm your state’s current statute before sending.
- Massachusetts
- G.L. c. 93A § 9. 30-day written demand required before suit. Actual damages or $25 minimum. Double or treble damages if violation willful/knowing or response inadequate. Reasonable attorney's fees and costs mandatory for prevailing consumer. The cleanest demand-letter regime in the country.
- California
- Civ. Code § 1782 (CLRA): 30-day notice required by certified mail for damages claims. Bus. & Prof. Code § 17200 (UCL): no pre-suit notice for injunctive relief. CLRA: actual damages, $1,000 minimum in class actions, punitives, $5,000 enhancement per elder/disabled victim. Mandatory attorney's fees for prevailing consumer under § 1780.
- Texas
- Bus. & Com. Code § 17.50 (DTPA). 60-day written pre-suit notice required under § 17.505. Economic damages; up to 3x for "knowingly," up to 3x mental-anguish for "intentionally." Mandatory court costs and reasonable attorney's fees for prevailing consumer.
- New York
- Gen. Bus. Law § 349 (deceptive acts), § 350 (false advertising). No pre-suit notice required. Actual damages or $50 minimum (§ 349); $500 minimum (§ 350). Discretionary treble up to $1,000 (§ 349) or up to $10,000 (§ 350) for willful/knowing. Discretionary attorney's fees.
- Florida
- Fla. Stat. § 501.211 (FDUTPA). No general pre-suit notice required for consumer private action. Actual damages; no punitives or consequential damages allowed under FDUTPA. Attorney's fees and court costs to prevailing party post-judgment per § 501.2105.
- Illinois
- 815 ILCS 505 (Illinois Consumer Fraud Act). No pre-suit notice required. Actual damages; punitive damages available. Discretionary attorney's fees and costs under § 505/10a(c).
If this doesn’t work
Your next move.
If the merchant ignores the 30-day demand or sends an inadequate response, your options stack. File a chargeback with your credit-card issuer under the FCBA (15 U.S.C. § 1666, within 60 days of the statement showing the charge). File complaints with your state Attorney General's consumer protection division, the FTC at ReportFraud.ftc.gov, and the Better Business Bureau. For larger amounts ($500+), small claims court is a strong next move — filing fees usually $30–$80, no lawyer required, and several state UDAP statutes (MA, TX, CA CLRA) award attorney's fees plus multiple damages to a prevailing consumer. For very large amounts or pattern-of-conduct cases, contact a consumer-protection attorney; multiplier-damages and mandatory-fee statutes make contingency arrangements common.
Questions people ask
FAQ.
How long does a merchant have to ship something I bought online?
Under the FTC Mail, Internet, or Telephone Order Merchandise Rule (16 C.F.R. § 435.2), the merchant must ship by the time stated in its offer or, if no time was stated, within 30 days after receiving a properly completed order. If they can't, they must offer you the option to cancel for a full refund.
If I cancel, how fast must I get my money back?
A "prompt refund" under 16 C.F.R. § 435.1 means within 7 working days by a method at least as fast and reliable as first-class mail, or within one billing cycle if you paid by credit card.
Do I have to send a demand letter before I can sue?
Depends on your state. Massachusetts (30 days under Ch. 93A § 9), Texas (60 days under DTPA § 17.505), and California's CLRA (30 days under Civ. Code § 1782) all require pre-suit written notice. New York, Florida, and Illinois do not require pre-suit notice for their general UDAP claims. Even where not required, demand letters reset settlement leverage and document the merchant's refusal.
Can I get my attorney's fees paid if I win?
Often yes. Magnuson-Moss (15 U.S.C. § 2310(d)(2)) authorizes prevailing-consumer fees. MA Ch. 93A § 9, TX DTPA § 17.50, CA CLRA § 1780, and FL FDUTPA § 501.2105 all award fees to a prevailing consumer. NY GBL § 349 and IL CFA § 505/10a(c) make fees discretionary.
Does the seller's "no refunds" policy override these protections?
No. A merchant cannot contract around the FTC Mail Order Rule's 30-day shipping and refund obligation, around the UCC § 2-314 implied warranty of merchantability without a conspicuous and proper disclaimer, or around a state UDAP statute's prohibition on unfair or deceptive practices.
Nervous about sending it yourself?
we’ll read it over with you.
Email the situation and a volunteer attorney will respond. No commitment, no invoice, no judgment — just an honest second pair of eyes from someone who actually understands the law.
info@imfrustrated.org