What Is a Cease and Desist Letter?

A cease and desist letter is a common method used in an attempt to resolve a dispute between two or more parties. A cease and desist letter is not going to be filed in court. Rather, this letter will be sent to the individual or business you have a conflict with to ask them to stop an activity that you believe is infringing on your rights. A cease and desist letter is also commonly referred to as a “stop harassment letter” or a “demand letter.” Read on to learn more about this letter and if you have any questions, reach out to a business attorney in Orange County.

How a Cease and Desist Letter Is Used?

Cease and desist letters put an individual or business on notice that they are engaging in some sort of activity that you believe harms you, and the letter lets them know that if they do not stop, you will be pursuing legal action against them. These letters are meant to serve as harsh warnings, though they do not have any immediate legal consequences concerning the courts or other government agencies.

Why Use a Cease and Desist Letter?

Simply put, litigation can be time-consuming and incredibly expensive for all parties involved. Most people want to avoid taking conflicts to court, and a cease and desist letter is often the cheapest and quickest way to resolve the matter.

Additionally, a party that sends a cease and desist letter will serve as evidence that they have given notice to the other party of the alleged illegal behavior. If the other party continues this behavior after receiving notice, this can serve to strengthen a legal claim against them.

Common Uses for a Cease and Desist Letter

When you send a cease and desist letter, you are asking an individual or business to stop engaging in an activity that is harmful to you. This letter should identify the particular offensive activity as well as potential consequences for not complying with your cease and desist request. Some of the most common ways that cease and desist letters are used include the following:

• Infringement of intellectual property rights. Whether discussing a copyright, patent, or trademark, your ownership over intellectual property gives you certain rights. If another individual or business uses your protected work without your consent, they are breaching your rights. Sending a cease and desist letter in these situations is often a quick way to get the other party to stop this behavior.
• Debt collection services. If a person is being subjected to continuous calls from debt collection agencies or attorneys, a cease and desist letter may be an effective way to get them to stop harassing you. Often, these cease and desist letters cite the federal Fair Debt Collection Practices Act. Under this law, you can force them to stop contacting you, but it is important to keep in mind that the letter does not eliminate your debt.
• Slander and libel issues. If a person is spreading falsehoods about you that are untrue, your business or your individual reputation can suffer irreparable harm. Slander and libel are forms of defamation, and sending a cease and desist letter could be your first step in stopping this behavior.
• Harassment. There are various ways that other parties could harass you. While sending a cease and desist letter to a harasser could be a way to stop their behavior, it is important to understand that a cease and desist letter could cause a harasser to react adversely. There are various situations where it may be better to go directly to law enforcement or the courts for a restraining order.