Unfair and Deceptive Acts and Practices: 11.4.4.4 Can a Complaint Serve As the Notice Letter?
A number of courts have rejected the argument that a UDAP count in a complaint can serve as the demand letter for the claim, usually on the ground that the purpose of the demand letter requirement is to avoid a legal complaint by giving the seller an opportunity to resolve the dispute.789 A complaint brought by a different plaintiff or a different class is likely to fail to serve this purpose, because it gives the defendant no notice that it is facing suit by the current plaintiff or class.790 C