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 are commonly used in various situations, with four key scenarios being the most frequent. One of the primary reasons is the violation of intellectual property rights. Whether it involves a copyright, trademark, or patent, owning intellectual property grants you certain legal protections.

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 the 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 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.

Can You Ignore a Cease and Desist Letter?

If you, or anyone for that matter, receive a cease and desist letter, you should know that these types of letters are usually not legally binding. However, these letters can also threaten litigation if the alleged violation mentioned in the letter continues to occur. 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. However, if this is the route the other party has chosen, you can expect every subsequent letter to become more aggressive and tone. However, you are under no legal obligation to comply, but this could lead to further complications and frustrations.
• Going to court. Failing to respond to a cease and desist letter could lead you to a lawsuit. If you ignore the letter, there could be a summons and complaint that alerts 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 performing 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, we strongly encourage you to reach out to a skilled attorney who can assist you with this process. Find an attorney who focuses on the specific area of law related to the issue at hand. For example, 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?

In general, there is no limitation as to who can send a cease and desist letter. Additionally, an attorney does not necessarily 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 assistance. A cease and desist letter is not likely to be taken seriously if it is riddled with factual or legal errors, is incorrectly formatted, or simply lacks credibility.

While 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 occur.

What is the Effect of a Cease and Desist in California?

Cease and desist letters are not uncommon 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 natural way to go about resolving the issue. If an unsatisfied customer leaves your business bad reviews even though they have never used your services, a cease and desist letter could be the starting point to stopping this behavior. There are many reasons why a cease and desist letter would be used in California. However, the effect of the cease and desist letter will depend on various factors related to each particular situation.

A cease and desist is just a warning that carries no actual legal weight. However, these letters can serve as a strong notice to another individual that they may be violating a contractual duty or the law, which means a cease and desist letter can be an effective means of getting a person to stop engaging in unwanted behaviors. 

Again, a cease and desist letter does not have legal power. It just notifies an individual of the issue and potential claims that could occur. Once a person receives a cease and desist, they can choose to engage with the other party to try and resolve the matter, 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.

Please note that there is a difference 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 consequences.

What if you Receive a Cease and Desist Letter?

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

Even if the allegations listed in the letter are mostly or entirely unfounded, the letter needs to be given proper consideration. Please understand that a person can still move forward with further legal action even if their allegations are unfounded, so responding appropriately early on could keep these further legal actions from occurring.

Do I Need to Hire a Lawyer for a Cease and Desist Letter?

As we have mentioned multiple times throughout this article, we strongly encourage individuals to contact an attorney if they receive a cease and desist letter. Most individuals do not have formal legal training, and even those with a good understanding of the law should still seek assistance from an attorney who has experience handling these matters every day. 

An attorney can do a few things, including interpreting the seriousness of the letter. A lawyer may look at a cease and desist and understand right away that it means little to nothing. Conversely, an attorney could look at the letter and understand quite quickly that it should be taken seriously. Any person facing a cease and desist order should know whether or not they need to take additional actions quickly. Working with an attorney can help ensure that a person comfortably moves forward in the right direction after receiving these letters.