Final answer:
A demand letter under the DTPA must include complaints, damages, and provide a 60-day resolution period before a lawsuit is filed. The described demand letter does not comply because it was sent after the initiation of the lawsuit, violating the pre-suit notice requirement.
Step-by-step explanation:
The DTPA stands for the Texas Deceptive Trade Practices Act, a statute that provides consumers with certain protections against false, misleading, or deceptive business practices, unconscionable actions, and breaches of warranty. For a demand letter to comply with the requirements of the DTPA, it must typically include the consumer's specific complaints and the amount of economic damages and any mental anguish claimed. Additionally, it should provide the broker with a reasonable opportunity to resolve the issues before a lawsuit is filed. The letter should be sent certified mail, return receipt requested, and must be delivered at least 60 days before filing a lawsuit.
In the example given, the consumer's demand letter notifies the broker of an already filed lawsuit. This does not comply with the DTPA's pre-suit notice requirement, which requires notification before the lawsuit is filed. However, including details of the harm suffered and an intent to seek a trial by jury is appropriate and could be part of a demand letter under other circumstances. The consumer, in this case, should have sent a demand letter and provided the broker with 60 days to respond before initiating a lawsuit.