In the pre-suit notice letter, the business, a former Regus customer, detailed twelve violations by Regus of the Deceptive Trade Practices-Consumer Protection Act (DTPA) in Texas.
- Seven of the twelve violations pertained to separate, false representations made by Regus both before and after the business had entered into an office agreement with Regus;
- Three of the twelve pertained to failures by Regus to disclose material parts of the deal, all of which, if disclosed, would have likely made the deal appear less attractive to the business; and
- Two of the twelve pertained to false advertising by Regus.
Section 17.505(a) of the the DTPA requires that "[a]s a prerequisite to filing a suit seeking damages" under the Act, "a consumer shall give written notice" to the defendant of his complaint "at least 60 days before filing the suit[.]" The purpose of this requirement is "to afford the opportunity for presuit negotiations and settlement in avoidance of lengthy and costly litigation[.]" See Hines v. Hash.
So, as the statute was devised, the business's pre-suit notice letter to Regus suggests either an impending lawsuit against Regus or a pre-suit settlement. In addition, the content of the letter itself sheds some light into some of the deceptive trade practices some Regus customers have reportedly been subjected to in Texas--which may also serve as key evidence in other DTPA cases against Regus.