Do I need to send a demand letter before suing under the CLRA?

What the Law Says

California law requires consumers to give businesses a chance to fix violations before filing a lawsuit under the Consumers Legal Remedies Act (CLRA). This is done through a formal written demand letter.

The CLRA mandates that before you can sue for damages or injunctive relief under Civil Code § 1780(a), you must first serve a written demand on the defendant. This demand must describe the alleged violation and specify the relief sought.

The defendant then has 30 days from receipt of the demand to correct the violation and provide appropriate restitution. If they do so, you generally cannot proceed with a lawsuit for that claim — unless you seek only injunctive relief or the correction was inadequate.

There are limited exceptions: no demand is required if the defendant has already corrected the violation before you discovered it, or if the violation involves an unconscionable clause in a contract that cannot be cured by restitution alone.

Statutory Text

No action for damages may be brought under Section 1780 unless the consumer has given the person who allegedly committed the violation written notice at least 30 days prior to the commencement of the action.

— Civil Code § 1782(a) — Demand for correction

Statutory Text

The notice shall state the alleged violation and the relief sought, and shall be served upon the person who allegedly committed the violation.

— Civil Code § 1782(a) — Demand for correction

Statutory Text

If the person corrects the violation and provides appropriate restitution within 30 days after receipt of the notice, no action for damages may be brought…

— Civil Code § 1782(b) — Effect of correction

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