A Cease and Desist Letter aims to resolve a dispute before going to court. This written notice requests that an individual or business stop some action that infringes on your rights. It may ask that the other party halt the illegal activity or end some form of harassment.
Creating a Cease and Desist Letter puts you in control and may help you prevent further illegal action. You can use this document to alert the party in question, letting them know they infringe on your rights and that there may be legal consequences if they fail to stop.
Cease and Desist Letters – By Types
If you’re receiving persistent personal or sexual harassment, unwanted treatment, or being threatened. (Skip ahead if debt collectors are harassing you.)
Harassment
If a debt collection agency is overwhelming you with excessive phone calls, use this template to demand that they stop.
Debt Collection
If another person or business is infringing on your trademark, use this template to explain why it’s confusing for customers and demand that they stop using it.
Trademark Infringement
If someone blatantly copies, steals, or imitates your original work or website, use this template to demand that they provide proper credit or stop immediately.
Copyright Infringement
If someone is slandering or libelling you or your business, use this template to demand that they stop making such claims.
Defamation
What is a Cease and Desist Letter?
A Cease and Desist Letter is a written communication that lets another party know that they are engaging in an action or behavior that infringes on your legal rights and requests that this action or behavior stop. It demands the recipient immediately stop the specified infringing actions and refrain from repeating them in the future.
LEARN
A Cease and Desist Letter, also known as a demand letter, is not a legal document but rather an attempt to avoid legal action by getting ahead of the problem.
In many cases, a cease and desist may be all it takes to prevent further infringement of your rights. The threat of legal action is often sufficient to avoid any other controversy.
However, a lawsuit may be necessary if the letter fails to accomplish its intended goal.
Legal action may be taken against a breach of contract, for example, or a trademark infringement, when the party ignores your request to cease and desist in the illegal actions or behaviors infringing on your rights.
How to Write a Cease and Desist Letter
You can write your own Cease and Desist Letter without the assistance of an attorney. Because these are not legal documents, a form builder or template may significantly assist you in putting together the letter you need to seek an end to specific actions or behaviors infringing on your liberties.
When writing the letter, you must be clear about two things:
- The illegal activity or behavior must cease
- Why this action or behavior violates your legal rights in some way
There are several options to assist you in putting together a Cease and Desist Letter:
- Use our online builder
- Download a blank template and fill on your own
- Pen the entire letter yourself.
While you don’t need to be an attorney or expert to write and send a Cease and Desist Letter, hiring a lawyer can be especially beneficial if your case is complicated.
What to Include
All of the information in your Cease and Desist Letter must be accurate. Only threaten legal action based on actions or behaviors violating your legal rights.
Clear identification of parties
Begin the letter by clearly identifying the sender, the aggrieved party or their attorney, and the recipient of the letter who is engaging in the alleged wrongful conduct. Include the full legal names and contact information of both parties.
Description of the alleged misconduct
Provide a detailed and specific description of the actions or behaviors that are the letter’s subject. Clearly outline how the recipient’s conduct infringes upon the sender’s rights or causes harm. Include dates, locations, and relevant supporting evidence, such as photographs, documents, or witness statements.
Legal basis
Explain the legal basis for the sender’s claim or demand. Identify the specific laws, regulations, or contractual provisions violating the recipient’s conduct. If applicable, reference relevant statutes or case law that support the sender’s position.
Demand
Clearly state the demand that the sender expects the recipient to fulfill. It may include ceasing the specific infringing activities, removing certain content, discontinuing the use of intellectual property, refraining from making defamatory statements, or any other necessary actions to remedy the situation. Specify a reasonable timeframe within which the recipient should comply with the demands.
Consequences of non-compliance
Explain the consequences of the recipient’s failure to comply with the demands outlined in the letter, such as legal action, seeking damages, pursuing injunctive relief, or any other appropriate remedies available under the law. It is crucial to avoid making threats or using language that could perceive as intimidating or harassing.
Contact information and deadline
Provide the sender’s contact information, including a mailing address, phone number, and email address. Encourage the recipient to contact the sender if they have questions or wish to discuss further. Additionally, specify a deadline by which the recipient should respond or comply with the demands.
Common Uses for a Cease and Desist Letter
Here are five ways a Cease and Desist Letter can stop an individual or a business from infringing on your rights.
1. Harassment
Harassment can take many forms. Suppose you have been receiving unwanted advances or sexual harassment, for example. In that case, preparing and sending a Cease and Desist Letter to the perpetrator documents the abuse and formally requests that it stop.
Bullying and threats are also considered forms of harassment. While these behaviors can happen anywhere, they most commonly occur in workplace settings between employees, for instance, or between an employee and a supervisor.
Harassment is generally illegal, and a Cease and Desist Harassment Letter can help document what you have endured. The threat of legal action for harassment can also help stop the abuse, scaring the other party into more appropriate behavior.
Even if the other party stops, this does not preclude you from filing a grievance or legal action due to the harassment you have already been through. Doing so may provide you with valuable evidence of the conduct and serve as proof of your responsible handling of a difficult situation.
2. Debt Collection
Debt collection agencies are famous for their harassing and often illegal conduct. You may be inundated with excessive phone calls, letters, and other contact forms. These may be at odd hours or so frequent as to constitute unlawful activity.
Federal and state laws govern how debt collectors attempt to collect what is owed. Failures to abide by these laws may entitle you to send a Cease and Desist Letter to a debt collector and possibly take legal action against them if the harassment does not stop.
A Debt Collection Letter typically includes information related to the Fair Debt Collection Practices Act (FDCPA), also known as 15 USC § 1692. The threat of legal action under this law, enacted in 1978, often has a powerful effect on debt collectors.
Violations can result in significant penalties against the debt collection agency if it does not comply with the FDCPA. If you send a Cease and Desist against a debt collection agency, it may stop the conduct that violates your legal rights.
3. Trademark Infringement
A trademark is an essential piece of intellectual property that deserves powerful protection. It identifies your brand and represents your product. A valid trademark is legally protected from use by other parties.
Infringing on a trademark can lead to federal claims of trademark violations and may result in substantial civil damages. A Cease and Desist Letter can help stop further trademark infringement without the need to file a civil claim.
If another party uses a mark or logo similar — or nearly identical — to yours, they may not be aware of it. They also may not know that their mark or logo has caused or is causing brand confusion with your trademark. A Trademark Infringement Letter informs the other party of trademark infringement, requesting that they stop these actions or face litigation for violating your trademark.
Most individuals and businesses will adhere to your cease and desist request to avoid a costly legal battle. If they do not halt the illegal actions that infringe on your trademark, you always have the option to follow up on your legal threat and file a lawsuit against them.
4. Copyright Infringement
When a company or individual owns the copyright to a protected work, there is substantial value in guarding its use. A copyright holder is granted specific rights under federal law, which typically include:
- The right to sell and produce copies of the protected work.
- The right to create any derivative products based on the original work.
- Legal rights to assign or sell legal rights to use the product to others.
- The right to publicly perform, present, or display the copyrighted work.
An unscrupulous third party may violate these and many other protected rights. Organizations or individuals engaging in this illegal conduct will likely violate federal copyright law. Threatening legal action may be enough to stop the offending behavior or violation. A Copyright Infringement Letter may halt this other party’s unauthorized product use and prevent future damage.
A Copyright Infringement Letter may also seek compensation for using the protected work. Many may want to allow a third party to sell their copyrighted books, for example, if the third party compensates them for this.
A letter concerning copyright infringement allows you to decide how you want your protected work used. In this case, you are not bound to a specific option but can choose what suits your situation.
5. Defamation
Defamation occurs when another party makes untrue and harmful statements about you or your company. These statements can be incredibly damaging to your reputation and your bottom line. A Cease and Desist Letter may help prevent any future occurrences of these false statements.
Defamation occurs in two primary categories:
- Slander: a spoken, defamatory statement uttered publicly or to other parties.
- Defamation: a false or defamatory written statement made in an email, article, press release, advertisement, or published medium.
The legal distinction between the two is usually immaterial. If a person or company spreads false or inaccurate information in written or spoken statements, a Cease and Desist Defamation Letter may help prevent future rights violations.
How to Send a Cease and Desist Letter
If you’re preparing and sending a Cease and Desist Letter, you should do so via certified mail. You have a return receipt proving that the other party received your letter. This will provide you with peace of mind and allow you to gather evidence against the offending party if you eventually take legal action.
While certified mail is the best option, you can also serve the letter via email, through an attorney, or have it delivered in person.
No matter how you send it, experts recommend keeping your copy of the document and the return receipt. Proper documentation of the letter you send and any receipt information may play a critical role in future legal disputes.
What to Do After Sending It
After you send a Cease and Desist Letter, you should wait for a response from the offending party.
- Wait for a Deadline: If you gave them a deadline to respond or end the offending conduct, you should wait until this time has passed before taking further action. Ultimately, how long you should wait depends on your circumstances and what you must do to protect your legal rights.
- Negotiations: Negotiations with the other party may be possible if you receive a favorable response to the letter. But if you receive an unfavorable response or your letter is ignored, it is likely time to take the legal action you threatened.
- Seek advice from an Attorney: It is often best to follow through with any legal repercussions in your letter to show that you are serious about protecting your rights. You may want to retain an attorney and seek their advice on proceeding.
Cease and Desist Letter Sample
We’re providing you with a sample and downloadable PDF & Word Cease and Desist Letters to help you start protecting your legal rights.
Frequently Asked Questions
How to respond to a Cease and Desist Letter?
Responding to a Cease and Desist Letter depends on whether you violate someone’s rights. You could respond by:
- ceasing the behavior outlined in the letter (if you’re clearly in violation),
- replying with a letter explaining why you won’t comply with the letter (if you’re not in violation), or
- ignoring the letter (if you feel it’s not serious).
Receiving a Cease and Desist Letter is a stressful experience. Remember that it’s often the initial response by an offended party, so you must carefully consider how to respond. If you choose to respond, always be respectful, professional, and polite.
View the letter as an opportunity to verify whether you are or aren’t in violation of someone’s rights. You can then choose to ignore them, open a dialogue with them, or try to negotiate an agreement outside of court.
Is a Cease and Desist Letter enforceable?
A cease and desist letter itself is not legally enforceable. While a cease and desist letter does not carry legal authority on its own, it may include a warning to the recipient. In case of escalation, the sender will start a legal proceeding against the recipient to obtain a court order called an injunction seeking a cease-and-desist order.
What happens if you ignore a Cease and Desist Letter?
There’s no legal penalty or repercussion for ignoring a cease and desist, but you risk the sender beginning legal proceedings against you if their claims are legally sound. However, if you’re confident that the letter’s content is inaccurate or unenforceable, you can safely ignore it.
Still, it’s better to respond with a letter explaining your position and reason for non-compliance. Whether you ignore or respond to the letter, the other party may continue to send correspondence.
