Demand letters
How do I send a Texas DTPA notice letter?
Updated · By the Certified Letter Online team
Under Texas Business and Commerce Code section 17.505, before suing for damages under the Deceptive Trade Practices Act you must give the business written notice at least 60 days before filing, describing your specific complaint in reasonable detail and the amount of economic damages, mental-anguish damages and expenses, including attorney's fees, you are claiming. Sending it Certified with return receipt proves when the 60 days started.
There is an exception when the limitations period is about to run out and notice is impractical, but then the business can ask the court to pause the case.
| Element | Detail |
|---|---|
| Timing | At least 60 days before filing suit for damages |
| Form | Written notice |
| Content | Specific complaint in reasonable detail |
| Amounts | Economic damages, mental anguish damages, expenses including attorney's fees |
| Proof | Certified Mail receipt and return receipt |
Writing tips
- Describe what was promised and what you got, with dates.
- Give a specific dollar amount for each category.
- Keep the tone factual; the letter may be read by a judge.
- Start from our DTPA notice template.
Before suing
This guide is general information, not legal advice. For your specific situation, a legal aid office or a licensed attorney in your state can tell you what applies.
Quick answers
Does the DTPA require certified mail?
The statute requires written notice; certified mail with a return receipt is the common way to prove it was given and when.
Can I file in justice court (small claims) under the DTPA?
Texas justice courts hear small claims; the 60-day notice still applies to DTPA damages claims. Ask the court or a lawyer.
What if the business makes an offer?
The DTPA has settlement-offer rules that can limit recovery if you reject a reasonable offer. Get advice before rejecting one.
What to do next
Fill in the DTPA notice and we'll mail it Certified with return receipt for $17.99 so you can prove the 60 days.
Send my DTPA noticeSources
Checked: . General information, not legal advice. Fees and rules change: confirm current values at the official links above.