Cease and Desist Letters -Frequently Asked Questions 

What is a Cease & Desist Letter?

A cease-and-desist letter is a type of demand letter that serves as a warning and is usually prepared by an attorney.  Its purpose is to demand that a party refrain from doing what often amounts to an unlawful act and warns that their failure to do so will result in legal action.  Grounds that commonly make up cease and desist include copyright and trademark violations, unwanted contact and harassment, trespass, defamation of character and slander, and contractual violations.

What is an Example of Cease & Desist Letter?

This letter serves as a demand that you CEASE AND DESIST from engaging in your persistent actions with respect to (Name) including but not limited to (Conduct).  You are ORDERED TO STOP such activities immediately as they are being done in violation of the law.

(Name) has the right to remain free from these activities as they constitute harassment and he/she will pursue any legal remedies available to his/her against you if these activities continue. These remedies include but are not limited to suing you civilly for damages he/she has incurred because of your actions.

Again, you must IMMEDIATELY STOP contacting (Name) and send the undersigned written confirmation that you will stop such activities. You risk incurring some very severe legal consequences if you fail to comply with this demand.

This letter acts as your only warning to discontinue this unwanted conduct before (Name) pursues legal action against you. At this time, he/she is not filing civil suit against you, as he/she hopes this matter can be resolved without judicial involvement. Nonetheless, he/she is not under any circumstances, however, waiving any legal rights he/she has presently, or future legal remedies against you by sending you this letter. This correspondence serves as your only warning for you to cease your unlawful activities before she exercises his/her rights.

To Sum Up

Cease and desist letters can be an efficient means to nip a problem in the bud without resorting to litigation while letting the recipient know that you consider the matter serious and will tolerate their behavior.  However, if the recipient chooses to ignore a well-founded cease and desist letter, then litigation may be necessary to obtain a court order and protect your rights.

Law is my business.  Contact Florida trial attorney Andrew J. Pascale today to discuss your case.  This blog does not constitute legal advice and is for illustrative purposes only.