So you received a DTPA Notice letter and the claimant is asking for tens of thousands of dollars from you or your company. What should you do with this DTPA Notice or Demand letter? If you have any belief whatsoever that you owe any part of the claim, you should offer the amount you do not dispute immediately in writing. Why should you respond to the DTPA Demand letter in writing? Because by doing so and making an actual written offer of settlement, you establish a floor that the plaintiff must reach later at trial. Say for instance the DTPA Demand letter asks for $20,000 in actual damages and $2000 in attorneys' fees. You recognize that you may owe $5000 or even just want to make a business decision to avoid the expense of litigation. You respond to the DTPA Demand letter by offering in writing the $5000. The plaintiff refuses it. Later at trial, the jury really dislikes the plaintiff and or all they end up proving as damages was $5000. They also award the plaintiff her $22,000 in attorneys' fees for her attorney. You only pay the $5000 and $500 in attorneys' fees. Your written offer in response to the DTPA Demand letter during the 60 day period was a benchmark. Plaintiff did not exceed that amount and as a result, she is limited to recovering the amount the jury awarded and no more than the attorneys' fees demanded at that time. This is why a written offer in response to the DTPA Demand letter is an excellent strategic move in any case.