San Antonio, TX asked in Consumer Law and Small Claims for Texas

Q: Do I send newLetter w another 30 dayDeadline to total 60day altogether orSend newLetter w 60day deadline to total 90day?

A business violated theDeceptiveTradePracticesAct & false advertised. They advertisedProduct forCertainPrice & I went to store location the special advertised price wasLocated theyRefused toHonor theAdvertisedPrice. I was given runAround & excusesSo I contacted corporate about it and they told me wouldResolve. They neverResolved & been stringingMeAlong for over 2 month. DuringPast 2 month theAdvertisedPrice remained & every week I took pictures & attempt to purchase without any luck because they would just give me excuses. AfterMonth of attemptingToGet mgmnt toHonor advertisement I sent a demandLetter certified mail return receipt toBusiness. My issue is that I gave them a 30 day deadline in demand letter to remedy situation before I filed a lawsuit in small claims court. The Dec.Tra.Prac. act states you must give 60day to resolve before filing a claim in small claims court. How do I fix this or proceed after giving them an incorrect deadlineOf 30day in demandLetter?

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1 Lawyer Answer
Leroy Scott
Leroy Scott
  • Consumer Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Two wrong letters won't make it right. Send a new letter giving 60 days, unless doing so will cause the statute of limitation to run, in which case, you do not need to give notice.

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