What is a cease and desist letter?

Sometimes it isn’t enough to tell someone to stop doing something. For example, if a person is unhappy with a business and they decide to publish defaming information all over social media, that person might need a cease and desist letter.

A cease and desist letter is a document sent to an individual or business to stop allegedly illegal activity. The letter may simply ask that the activity be halted immediately, or it could also warn the receiver about what actions will follow should they choose NOT to cease and desist.

Here are some common reasons a person might use a cease and desist letter:

• copyright infringement
• trademark infringement
• patent infringement
• use of allegedly untrue information in the media
• social media or cyberbullying
• harassment
• character defamation and libel
• contract violations

In short, a cease and desist letter is a formalized way to say, “Stop doing what you are doing.”

This type of communication does not actually have to be completed by an attorney; the letter does not have to be notarized. Anyone can write one, however, it is helpful to consult with an attorney to understand what, if any, laws have been violated. It is also helpful to understand what the next steps are should the letter be ignored. With that being noted, a person is not legally required to respond to a cease and desist letter.

If you find yourself in a situation where you think this type of communication could alleviate a problem you are having, reach out to our office. Mrs. Rodriguez will listen to your particular situation and then advise you on the best course of action.