WHAT IS A CEASE AND DESIST LETTER?
Whether you’ve been researching copyright law or if you want to get aggressive debt collectors to stop harassing you, a cease and desist letter is a versatile tool.
We’re going to take a look at exactly what a cease and desist letter is and what it means for the individual that you’re sending it to.
What is a Cease and Desist Letter?
A cease and desist letter is a letter (or email) that is sent to an individual to get them to stop an action that they’re doing. While a cease and desist letter can technically be sent through email, the vast majority of them come through certified mail so that the return receipt can be used as evidence that the cease and desist was sent if the matter goes to court.
In most cases, a cease and desist letter is sent out after other avenues of approach have failed, and it’s the last step before resorting to genuine legal action.
This letter will go over exactly what the infringing party is doing that they should stop and it will also state that the infringing party can stop the issue before any legal action comes of it. The letter should also detail that the infringing party should respond within a specific amount of time.
This response can be an acknowledgement of the claims and a statement that the infringing party will stop doing whatever is mentioned in the cease and desist or it can refute the claims. If the party chooses to refute the claims, they will need to state why their refutation of the claims is valid in their response.
If they don’t respond to the cease and desist letter by then, the sender threatens to make a genuine legal case out of the situation. In most cases when a cease and desist letter is not followed, the sender will go to court to seek an injunction, which is a cease and desist order that is legally binding.
Cease and desist letters can either be written up by the individual that is sending the letter out, formulated by an attorney or a law firm, or they can be written using a template. The best option depends on your confidence in writing one of these letters, your budget, and whether or not you can find the proper template for your situation.
Keep in mind that a cease and desist letter will also typically outline the consequences if the recipient doesn’t send a response and halt their activities both now and in the future. This can range from seeking an injunction against them to pursuing damages in court due to their activities.
In the vast majority of cases, cease and desist letters will not result in legal actions due to the unpredictable and expensive nature of working with a court. However, they can lead to out-of-court settlements in which the threatening party either gets some of their damages compensated or at least stops the infringing party from continuing.
More information on specific cease and desists letters can be found here:
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