A cease and desist letter aims to resolve a dispute outside of court. It formally requests that an individual or business halt actions infringing on your rights, such as illegal activities or harassment, and continue to refrain from unwanted behavior.
This letter differs from a cease and desist order (or “injunction”), which carries legal weight and is issued by a court of law. Despite its informal nature, a cease and desist letter can effectively communicate your grievances and the potential legal consequences if the violating party doesn’t comply.
Cease and Desist Letters – By Type
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 (or demand letter) is a written communication that informs another party they’re engaging in behavior that violates your legal rights. It demands the recipient immediately stop the specified infringing actions and refrain from repeating them in the future.
In many cases, a cease and desist letter 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.
Cease and Desist Letter vs. Cease and Desist Order
| Aspect | Cease and Desist Letter | Cease and Desist Order |
|---|---|---|
| Consequences of Ignoring | Implies that the aggravated party will pursue further legal action | Results in legal penalties, including fines and jail time |
| Issuer | The aggravated party or their legal representation | A court or government agency |
| Purpose | Attempts to get ahead of the problem and avoid the need for a court order | Mandates the cessation of specific behaviors |
| Formality | Less formal | Formal legal document |
| Legal Status | Not enforceable | Enforceable |
| Process | Issued before legal proceedings commence | Issued after legal proceedings commence |
Common Uses for a Cease and Desist Letter
Here are six instances when using a cease and desist letter can help you stop an individual or business from infringing on your rights:
1. Protecting Intellectual Property
Use this letter to stop others from using your company’s patents, copyrights, and trademarks without permission. It can also demand the removal of any published materials featuring your intellectual property.
If someone has unlawfully used your intellectual property and you seek compensation for the damages incurred, you may send a demand for payment letter to accompany your cease and desist letter to demand reparations for the infringement.
2. Halting Harassment
Stop various forms of harassment, such as discriminatory treatment, unwanted advances, verbal abuse, cyberbullying, stalking, and intimidation, by sending a cease and desist letter. This communication can prompt the perpetrator to cease their harmful behavior, as the threat of legal action may be enough to curb their previous actions.
3. Preventing Further Defamation
Protect your reputation from further damage by sending a cease and desist letter to stop libel (written defamation) or slander (oral defamation). This letter alerts the perpetrator to the impact of their statements, negative reviews, or gossip and requests that they stop spreading false information.
If the violating party doesn’t heed your warnings, you may need to proceed with filing a defamation lawsuit.
4. Addressing a Breach of Contract
If someone violates a contract, use this letter to demand compliance with the contract’s terms and give them a chance to rectify the situation.
For example, suppose you have a contract with a freelancer that requires them to keep information confidential. If they breach the contract and divulge the information to unauthorized parties, you can issue a cease and desist letter to let them correct their behavior. Depending on the situation, you may need to follow additional steps to handle a confidentiality breach.
5. Resolving Boundary Issues
Assert your property rights as the legal owner and stop encroachment or trespassing with a cease and desist letter. It can serve as evidence if the issue goes to court.
Before taking action, confirm your understanding of your property lines. Review your property deed and any existing survey documents to determine your neighbors or others are actually encroaching or trespassing.
6. Stopping Debt Collection Abuses
If debt collectors harass you, use this letter to demand they stop unlawful practices outlined in the Fair Debt Collection Practices Act (FDCPA). Failure to comply may result in legal action and penalties against the debt collection agency.
If a debt collector is engaging in any of the following behaviors with you, you may have grounds to send them this letter:
- Contact consumers repeatedly with the intent to harass, abuse, or annoy.
- Contact consumers outside the hours of 8 AM and 9 PM.
- Continue engaging in communication after the consumer requests that they cease their behavior (certain exceptions apply because the debt collector can notify the consumer of specific actions they may take against them).
How to Send a Cease and Desist Letter
Step 1 – Determine the Need
Assess your situation to determine if sending a cease and desist letter is appropriate. Consider whether the offending party’s misconduct is causing harm or violating your rights in a way that justifies further intervention.
If other attempts, such as verbal conversations with the violator, haven’t been successful, you may resort to sending a letter to communicate your need for the behavior to stop.
Step 2 – Draft Your Letter and Include the Key Elements
Once you determine sending a cease and desist letter is the right course of action, you can start dating it. Develop an outline by considering these essential elements:
- Parties: Clearly identify the parties involved, including yourself as the aggrieved party, any legal representation you have, and the recipient engaging in the wrongful conduct. Include all parties’ full legal names and contact information.
- Introduction: Write a brief introduction stating the letter’s purpose and establishing the context for the recipient.
- Description of the Infringement or Misconduct: Provide a detailed description of the misconduct or infringing behaviors.
- 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, legal documents, or case law that support the sender’s position.
- Demand for Compliance: State your demand for the recipient to stop the infringing actions and clarify that you expect compliance.
- Consequences of Non-Compliance: Explain the consequences of the recipient’s failure to comply with the letter’s demands, such as legal action or any other appropriate remedies available under state or federal law. Avoid using language the recipient could perceive as intimidating or harassing.
- Deadline for Rectifying: Specify a reasonable deadline by which you expect the recipient to correct the situation and stop their misconduct.
- Your Contact Information: Provide your contact information, including your email address and phone number, so the recipient can contact you with any questions or concerns about complying with your letter.
Highlight the Consequences Clearly
Include a direct statement specifying what will happen if the recipient doesn’t comply. For example, you can include the following phrase: If you do not cease and desist the aforementioned activity, I will be forced to take appropriate legal action against you and will seek all available damages and remedies.
Step 3 – Compile and Attach Evidence
Compile supporting evidence and documentation that proves the misconduct. For example, suppose your business is a victim of trademark infringement. In this case, you can list where the violator is using your trademark without consent and provide your trademark registration number as proof of your business’s legal claim to the symbol or design.
Tailor the evidence you provide to your situation. For example, videos, audio recordings, or screenshots of text messages can show an individual’s misconduct if you’re sending a cease and desist letter for harassment.
Step 4 – Send the Letter via Certified Mail
Once you review and finalize your letter, send it to the recipient via certified mail. This option lets you have proof of delivery and confirm the offending party’s receipt of the document.
The return receipt service costs $4.40 through USPS, and you can expect to pay other delivery fees depending on the letter’s size and whether you include supporting documentation. If you don’t send the document through USPS, you can use OnlineCertifiedMail.com to send your letter for just $9.69.
DON’T use FedEx or UPS because in Leatherbury v. Greenspun, 939 A.2d 1284 (Del. 2007), the Supreme Court of Delaware held that private carriers couldn’t replace Certified Mail with a return receipt sent via USPS.
Step 5 – Keep Records
No matter how you send it, keep a copy of the document and the return receipt. Proper documentation of the letter you send and any receipt information may be critical in future legal disputes if necessary.
Step 6 – Wait for the Deadline
If you gave the offending party a deadline to respond or end their misconduct, wait until this time passes before taking further action. Ultimately, how long you should wait depends on your circumstances and what you must do to protect your legal rights.
Step 7 – Participate in Negotiations
Negotiations with the other party may be possible if you receive a favorable response to your letter. However, if you get an unfavorable response or the offending party ignores your letter, it is likely time to take the legal action originally alluded to.
If the recipient agrees to stop the infringing activity but wants protection from further legal action regarding their past transgressions, you may include a release of liability waiver in the settlement agreement to formalize the resolution and absolve them from future liability.
Step 8 – Seek Advice from an Attorney
It’s often best to follow through with any legal repercussions in your letter to show you’re serious about protecting your rights. You may want to consult an attorney and seek their advice on proceeding.
Cease and Desist Letter Sample
Download a free cease and desist letter template in PDF or MS Word format below:
Frequently Asked Questions
Is a Cease and Desist Letter Enforceable?
A cease and desist letter itself is not legally enforceable and doesn’t carry any legal authority. However, it acts as a warning, indicating that the author may escalate the situation and pursue a temporary restraining order or injunction if the unwanted behavior continues.
What’s the Difference between a Cease and Desist Letter and a Cease and Desist Order?
A cease and desist letter isn’t legally enforceable; it simply acts as a warning to the recipient. A court or government agency issues a cease and desist order to legally mandate the offending party to stop participating in the misconduct.
What Happens If the Recipient Ignores My Cease and Desist Letter?
If the recipient ignores your cease and desist letter, there won’t be any immediate legal repercussions. However, this action may prompt you to initiate legal proceedings against them, especially if their actions continue to cause harm.
It’s important to assess the situation carefully and consult with a legal professional to determine the best course of action.
Do Cease and Desist Letters Really Work?
Cease and desist letters can be effective because they dissuade the violator from continuing negative behavior. However, they aren’t guaranteed to work. You may discover that you need to pursue legal action to get the violator to stop their actions.
Can Anyone Send a Cease and Desist Letter?
Yes, anyone can send this letter because it doesn’t require any specific legal expertise or authority to compose. However, you should seek guidance from a lawyer, especially for complex legal matters.
