WHAT IS A CEASE AND DESIST LETTER?

The sole reason for these letters is to notify the person engaged in misconduct that their actions are violating rights and must immediately cease. They also threaten further legal action – including potential litigation – that will result if the offending activities aren’t finalized. These notices have proven very effective in the legal realm. In fact, their use has been credited with keeping over 96 percent of legal disputes out of the court system.

Cease and desist letters are often the first and last step of any legal dispute. This is because accidental infringers often need only be alerted of their actions. Willful infringers are similarly likely to end their misconduct when faced with the very real possibility of financial loss.

How a Cease and Desist Letter Is Used?

Cease and desist letters put a personal or business on notice that they are engaging in some sort of activity that you believe harms you and is unlawful, 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 grating warnings, though they do not have any immediate legal results concerning the courts or other government agencies.

Why Use a Cease and Desist Letter?

Simply to understand, litigation can be time consuming and extremely expensive for all parties involved.  Many people want to keep away from taking conflicts to court, and a cease and desist letter is often the most affordable and quickest way to resolve the issue.

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

Common Reason for a Cease and Desist Letter

In the event you send a cease and desist letter, you are asking a person or business to stop initiating an activity that is harmful to you. This letter should recognize the particular offensive activity as well as the potential results for not abiding with your cease and desist request. Some of the most common ways that cease and desist letters are used include the following reasons:

• Infringement of intellectual property rights. Whether it is involving copyright, patent, or trademark, your ownership over intellectual property gives you certain rights. If another person or business uses your protected work without your permission, they are breaching your rights. Sending a cease and desist letter in these situations is most often a quick way to get the other party to stop this behavior.
• Debt collection services. If an individual or business 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 vital to keep in mind that the letter does not eliminate your debt or what you owe.
• Slander and libel matters. If a person is fabricating and spreading falsehoods about you that are false, your business or your individual reputation can suffer irreversible injuries. Slander and libel are forms of defamation, and by succesfully sending a cease and desist letter could be your first step in stopping this illegal 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 acknowledge 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. Furthermore, by sending a cease and desist letter it can further being granted for your restraining order.

Can You Ignore a Cease and Desist Letter?

When a person or business receives a cease and desist letter, you should know that these types of letters are usually not legally binding. Nevertheless, these letters can also threaten litigation if the alleged violation mentioned in the letter continues to happen. There are a few things that could happen if a person ignores a cease and desist letter, including the following:

• More letters. The individual or entity that sent the cease and desist letter in the first place could just continue to send them until they receive a response. Nevertheless, if this is the route the other party has chosen, you can expect every subsequent letter to become more aggressive and hostile. However, you are under no legal obligation to abide by it, but this could lead to further complications and frustrations.
• Going to court. Failing to answer a cease and desist letter could possibly lead you to a lawsuit. If you disregard the letter, there could be a summons and complaint that informs you that you have been officially served with a lawsuit from the original complaint. Unlike a cease and desist letter, you will have to respond to a summons and complaint.
• Temporary restraining order. A temporary restraining order could come along with the summons and complaint letter. A temporary restraining order could prevent you from accomplishing a specific action highlighted in the complaint. You will have the option to respond.

Regardless of what type of legal action you encounter after receiving a cease and desist letter, it is vital to reach out to a skilled attorney who can assist you with this process. For instance, if you receive a cease and desist letter related to a trademark issue, contact an attorney that focuses on trademarks in your area. 

Can Anyone Send a Cease and Desist Letter?

Generally speaking, there is no restriction as to who can send a cease and desist letter. In addition, an attorney does not automatically have to be involved when sending a cease and desist letter, but we strongly encourage anyone considering sending such a letter to work with experienced legal professionals. A cease and desist letter is not likely to be taken solemnly if it is riddled with factual or legal errors, is incorrectly formatted, or simply lacks trustworthiness.

Although anyone can send a cease and desist letter, we strongly encourage anyone considering doing so to reach out to an experienced attorney in the field of law in which the alleged violation has occurred or is continuing to happen.

What is the Effect of a Cease and Desist?

Cease and desist letters are not unusual when it comes to businesses and the field of business law. If a business is using others’ copyrighted works, a cease and desist letter is a common way to go about resolving the matter. If a dissatisfied customer leaves your business with bad reviews even though they have never utilized your services, a cease and desist letter could be the starting point to stopping this unlawful behavior. There are many grounds why a cease and desist letter would be used in California. However, the effect of the cease and desist letter will depend on numerous factors related to each particular circumstance.

A cease and desist is just a warning that carries no actual legal heaviness. Nevertheless, these letters can work as a strong notice to another person or business that they may be violating a contractual duty or the law, which means a cease and desist letter can be a successful means of getting a person or business to stop engaging in unacceptable behaviors. 

Again, a cease and desist letter does not have legal abilities. It just informs an individual or business of the issue and potential claims that could happen. Once a person or business receives a cease and desist, they can choose to initiate with the other party to try and resolve the issue, stop the behavior altogether, or find another way to carry on in such a way to avoid receiving a future cease and desist or court battle occuring.

Please take in consideration that there is a contrast between a cease and desist “letter” and a cease and desist “order.” An “order” comes from the court and must be followed by the individual who receives the letter, or they could face further legal outcomes.

What happens if you Receive a Cease and Desist Letter?

If you have been presented with a cease and desist letter in the mail, you need to take the matter seriously. The first pace is contacting an attorney with experience handling matters related to your specific field of business. It would not be in your best interest to disregard a cease and desist letter entirely or to respond harshly against the other party. 

Even if the claims listed in the letter are mostly or absolutely unfounded, the letter needs to be given proper deliberation. Please acknowledge that a person or business can still move forward with further legal action even if their claims are unfounded, so responding appropriately early on could keep these further legal actions from happening.

We understand that  being served a Civil Summons can be an extremely stressful and confusing situation for you.

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