A cease and desist letter is typically written to prevent damage or harm to one party by another. It is not a legal document and can usually be written without an attorney. Rather, it is simply a request to ask the other party to stop their harmful actions and outlines further consequences if they do not. Often those consequences include the threat of a lawsuit.
Cease and desist letters can be helpful for a number of reasons but the most common include:
- Infringement of intellectual property: This can be copyright, trademark, or
- Debt collections: If a person is getting excessive phone calls from a debt collector, a cease and desist letter can help stop them from harassing However, this does not mean the person no longer owes the debt.
- Slander and libel: Both slander and libel are causes of defamation. Slander is verbal or oral defamation, whereas libel is Both may cause harm to a person or a person’s business, especially when the statements made are untrue. A cease and desist letter may not only stop someone from continuing their actions but they can also be asked to retract or take back what was already said/written.
- Harassment: Most likely, if someone is being harassed, a better course of action is to request a restraining order, especially if the harasser is likely to become violent. However, if physical harm or other retaliation is not a concern, a cease and desist letter may be an effective way to get them to stop their harassment.
A cease and desist letter is a useful tool as a first step action that can stop someone from causing damage to you or your business. If the party continues its activities, a cease and desist letter becomes an important document in your legal proceedings. It shows the court that you attempted to resolve the issue before seeking legal recourse.
Contact our office if you:
- believe you need to talk to an attorney regarding a cease and desist letter that you have
- have questions regarding writing a cease and desist
- need to consult an attorney regarding a lawsuit or other