What Is a Cease and Desist Letter?

A cease and desist letter is a formal notice demanding that an individual or organization stop performing illegal or unauthorized activities. And, while a cease and desist letter doesn't have a legal effect in and of itself, it's often a good way to begin the process of stopping someone from engaging in an activity that is harming you in some way.

If somebody has made your life miserable through actions you believe are unlawful, you may have considered sending a cease and desist letter. It's a common method in trying to fix problems between parties, often used when one party is engaged in harmful activity but before taking legal action.

What is a cease and desist letter?

A cease and desist letter is useful because it might stop its recipients from continuing their harmful action. If they don't, you have written documentation that you have notified them of the possible consequences of ignoring your request.

Although most people have probably heard of cease and desist letters, it’s important to understand them in full before sending one of your own:

• The person receiving the cease and desist letter can ignore it; it isn’t legally binding. But it’s often sent before taking the drastic step of filing a lawsuit.
• Anyone can send cease and desist letters. An attorney, a business owner, the average person off the street, and anyone who feels they are being harmed by another can send it.
• It's important not to confuse a cease and desist letter with a cease and desist order. Orders come from a judge, generally after a cease and desist letter goes nowhere. You are required by law to obey an order from a court or government agency.
• C&D letters shouldn't break any laws of the jurisdiction in which they're sent. That's why it's helpful to have an attorney look your letter over before it is sent.

4 common uses for a cease and desist letter

When you send someone a cease and desist letter, you are asking them to stop engaging in a particular activity that is harmful to you in some way. In addition to identifying the specific activity, the letter should also outline the potential consequences of not complying with your request.

Cease and desist letters are used in a number of situations, but the following four are the most common.

Infringement of an intellectual property right

Whether it's a copyright, trademark, or patent, your ownership of intellectual property gives you specific rights. When another entity infringes on these rights, the behavior is called intellectual property infringement.

In your cease and desist letter, you would want to state which laws the other party violated and tell them to stop.

You'll want to send it quickly and enlist legal power swiftly. It varies depending on the situation, but there is a statute of limitations on intellectual property rights. If you wait too long to seek a fix, you might not be able to.

Debt collection services

If you're being subjected to nonstop calls from a debt collection service or attorney, a cease and desist letter is an effective tool for getting them to stop harassing you by citing the federal Fair Debt Collection Practices Act, which governs how debt collectors must behave.

Under this law, if you send a letter to debt collection agencies asking them to stop contacting you, they must stop or face statutory penalties.

Keep in mind that even though the letter may stop a debt collector from contacting you, it doesn't do anything to eliminate your debt, which you will continue to owe.

Slander and libel

Is somebody spreading unfounded rumors about you or your business? For example, maybe somebody is telling everybody that you didn't fulfill contractual obligations or that you engaged in contract violations. If untrue, that is a form of defamation.

If you're the subject of slanderous or libelous statements, a cease and desist letter can make the recipient retract what they've been saying or publishing.

Your letter should ideally state the specific defamatory statement, the reasons why it is untrue, and the damage you're suffering. Also, give the recipient a deadline by which they must retract their statements before you will need to take legal action.

Harassment

If someone is harassing you, a cease and desist letter may convince them to stop. However, you are not required to send a cease and desist letter before taking legal action. If you think a strongly worded desist letter telling the person to stop harassing you will make the situation worse, you probably should listen to your gut and not contact them.

If you are being harassed, you may want to contact the police or go to the courts for a temporary restraining order. You also may want to enlist legal counsel since an attorney will be familiar with the harassment laws in your state and could help you get that restraining order.

Components of a cease and desist letter

Writing a cease and desist letter is a straightforward process, albeit one that should be done calmly and not out of anger. Here’s a quick rundown of what to include in your cease and desist letter:

• Contact information: Include the name, address, and contact information of both the sender and recipient, as well as the sender’s legal representation (assuming you have some).
• Date: The date you write or send the letter.
• Description of infringement: Explain the hurtful activity you are alleging, including specific details. If the activity has caused you irreparable harm, you may want to mention that, too. The party needs to know you've been wronged and what they are doing is serious.
• Statement of rights: Clearly outline your legal rights, including any trademarks, copyrights, or other legal protections you believe are being violated.
• Demand to cease: This is where you insist that the alleged activity stop. This section frequently includes specific actions the recipient should take to comply.
• Legal consequences: You may want to send a warning that there will be legal consequences if the recipient of your letter does nothing to change. This could include a mention of a lawsuit or other legal proceedings, such as court proceedings or a cease and desist order. Your attorney, if you work with one, and it's strongly advised that you do, should decide what sort of legal consequences to mention in the letter. It may be that an attorney will suggest that you don't make a big deal out of pursuing legal action, at least not yet.
• Deadline for compliance: Stopping somebody's poor behavior immediately may not be practical, but you don’t want it to continue indefinitely. In your desist letter, state a reasonable deadline by which the recipient must cease the offending activity.
• Evidence: If you have evidence supporting the claims of infringing activity or wrongdoing—such as photographs, screenshots, or previous communications—include it with your letter.
• Signature: Either you or your attorney can sign it, but someone must put their signature on the document.
• Disclaimer: You may want to note that the contents of your letter are for informational purposes only and not to be misinterpreted as legal advice.
• Return receipt requested: You may want to include a return receipt if you are sending this through certified mail, so you'll know for sure the letter was received.

Why consult your lawyer for a cease and desist letter

Anyone can write a desist notice, which is not legally enforceable. Still, it’s a good idea to consult an attorney to help you draft it, especially if your issue is embedded in a complex area of law, such as intellectual property or business law.

Here’s why we highly recommend consulting an attorney at a law firm before sending out any C&D letter.

Legal expertise

Lawyers will understand the specific legal standards and requirements that apply to cease and desist letters—and your particular situation. It's preferable to find legal professionals who specialize in fixing the types of problems you're facing. If you want to send a cease and desist letter to somebody you've worked with, for instance, you may want a business law attorney. If your matter is related to a government agency, you may want an attorney who often works with the government.

It isn’t simply that an attorney may keep you from getting into legal hot water from a poorly written missive, although there is that. They can also craft a message that effectively communicates the legal basis for your demands.

Ideally, you want to avoid having what you send dismissed by the recipient because it looks like the work of a person who doesn’t have a good grasp of the law.

Drafting the letter

A lawyer can draft a cease and desist letter that is straightforward, professional, and authoritative. They’ve written these letters many times and understand how to phrase such letters assertively without being overly aggressive. They can probably spell out the alleged misconduct without making it personal.

A good attorney can help you maintain compliance without escalating the situation unnecessarily. Ideally, your cease and desist letter helps you keep the matter out of court and does not escalate tensions so you wind up in costly litigation.

Assessment of validity

Is it possible you're overreacting and shouldn’t send your cease and desist letter? This is another good reason to consult a lawyer. An attorney can help you determine if the claims in your cease and desist letter are valid and enforceable. For instance, maybe another party is doing something hurtful to you but not illegal.

A lawyer can advise you on whether your rights have indeed been violated and if a desist letter serves your goals of getting behavior changed, or if you might want to try another path.

Customization

Every legal situation is unique, from contractual violations to sexual harassment. Taking a generic cease and desist letter and tweaking it may not be what your situation calls for.

A lawyer will take a strategic approach and fashion your cease and desist letter in a way that addresses the specific nuances of your case, ensuring all relevant legal points are covered.

Avoiding legal pitfalls

Incorrectly accusing someone of illegal behavior or making unwarranted legal threats could cause them to react adversely.

In fact, your letter could boomerang—and you might soon be the person receiving a cease and desist letter and being the subject of a lawsuit. An attorney will ensure your letter doesn’t contain anything that could expose you to legal liability.

Strategic advice

This is another good reason to work with an experienced attorney. Lawyers advise you on how best to handle situations, including whether there are better alternatives to a cease and desist letter. For example, they may advise you to consider negotiation, mediation, or further legal action.

Escalation preparedness

What’s next? An attorney can help you decide. If the cease and desist letter doesn't resolve the issue, a lawyer will advise you on the next steps, including potential legal actions, such as requesting a cease and desist order.

They may want to send a demand letter, which is a letter attorneys send to try to resolve matters before going to court.

That said, they can guide the matter to court if necessary and will ensure that all the preliminary steps you took leading up to court—like sending a cease and desist letter or a demand letter—will strengthen your position in any future legal proceedings.

Sending your cease and desist letter

Once you've written your letter, the next step is to send it via certified mail so you have a record that it has been sent. The optimal result, of course, is that the recipient of your letter stops engaging in the activity that's harmful to you.

In some cases, however, your recipient might ignore your letter.

If they don't stop the activity as requested, you can assume that your cease and desist letter has made them fully aware of your intent to pursue further action.

FAQs

Can anyone send a cease and desist letter?

Yes. Anyone can send a cease and desist letter, which is a strongly worded missive that spells out an alleged violation and the potential consequences of continuing such behavior.

Nobody should send such a letter rashly. Desist letters are serious pieces of documentation for both parties involved since it's often the first step in somebody making a legal claim against another.

What happens if a cease and desist letter is ignored?

If you ignore a cease and desist letter, and the person or company that sent the desist letter is truly serious, you may expect formal legal action to be soon taken. If any government agencies, such as the Federal Trade Commission, send you any desist notices, take those seriously.

If you're the one who sent a cease and desist letter and it was ignored, you will likely want to consult an attorney, if you haven't already. Your problems likely won't go away on their own.

Is a cease and desist letter a scare tactic?

It is, although that doesn't mean it doesn't have merit. If you're the person receiving the cease and desist letter, it may be that you've been doing something inappropriate. For example, maybe you're a business owner engaged in practices leading to unfair competition. If the sender has a genuinely good reason for sending the letter, they are trying to modify your harmful activity and behavior before they take legal action.

You don't need to be alarmed, but if the person has good reason to send the letter, stop doing what you're doing or consult an attorney.

On the other hand, if you receive a cease and desist order, that's more than a scare tactic. That would be a court order from a judge, which should be taken very seriously.

Can a cease and desist letter backfire?

It could. If you're suggesting to somebody that they need to change their behavior, or you'll pursue further action, and it turns out you don't have a case, your reputation could suffer.

Or if what you send is poorly written, the person you're sending the letter to may not take you seriously—and continue their unethical behavior.

Is a cease and desist letter legally binding?

Cease and desist letters offer no immediate legal consequences, but many legal experts suggest sending one, anyway. If you're going to end harmful action from another party, you have to start somewhere. Simply writing a strongly worded desist letter, carefully explaining the alleged violation, and suggesting legal consequences if their actions continue could convince the other party to stop what they're doing.

Belle Wong, J.D., contributed to this story.