A cease and desist letter demands that someone stop certain conduct, such as harassment, copyright or trademark infringement or defamation. It is not a court order, but it can be the first step toward one.
What it usually contains
- A description of the behavior and why it is a problem.
- The legal basis, if any, such as infringement or harassment.
- A clear demand to stop and a deadline.
- A statement of what may follow if the behavior continues.
If you send one
Make sure your claim is real and you can back it up. Baseless or heavy-handed letters can create their own legal exposure. Keep records of the conduct, send the letter by a trackable method and keep copies.
If you receive one
- Do not ignore it, but do not panic.
- Read it carefully and note the deadline.
- Preserve all related documents and messages.
- Do not respond in anger. A hasty reply can hurt you.
- Consider speaking with an attorney, especially if it involves your business, intellectual property or large amounts of money.
What it cannot do
The letter itself does not force anyone to comply. If the behavior continues, the sender may file a lawsuit or ask for a court order, such as an injunction or restraining order.
Frequently asked questions
Is a cease and desist letter legally binding?
No, but ignoring it can strengthen the sender's case if they sue.
Can I send one without a lawyer?
Yes, but for complex claims a lawyer's letter is often more effective.