Can I send a cease and desist letter in email?
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Can I send a cease and desist letter in email?
I am being defamed by someone online and I want a strongly worded cease and desist sent to them ASAP.
I have found a template online but not sure if it is common to send it over email?
Is that appropriate?
If not, how do I send a C&D?
Hello!
My name is Dolan and thank you so much for contacting me!
I just had a few quick questions for you:
What is an example of what this person is saying that is defamatory; and
Have you suffered any financial damages as a result (e.g., job loss, fee, fine, etc.)?
So it is a bit of a long story - but I am an influencer (or aspiring influencer) so my social channels are important to me.
I started dating someone and we broke up and instead of him being OK about it, he has started spamming my social posts with things like 'Don't trust her!' or 'This is awful content' or 'She is not who she portrays herself to be on her social channels' and things of that nature.
I have had some of my followers DM me asking about it and I want it to stop immediately.
I have his email address and wanted to know if that's OK and if not, how to send a cease and desist to him.
Ok! Did you need to tell me anything else? If not, I can start with answering your question.
Sorry I didn't answer your question about financial damages.
It hasn't impacted me yet, but my followers DMing me is starting to scare me.
And I don't know how many followers I am not getting with these comments on all of my posts across multiple platforms.
It feels like borderline harassment at this point.
I'm so sorry about that! Ok, thank you for adding that! Was there anything else before I answered?
Want this person to get a strongly worded letter ASAP.
No I think that's it. Any light you can shine on this would be helpful so I can better understand the process. Even what are the grounds for sending a letter like this.
Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.
The short answer? Yes, you can. Keep in mind that defamation generally means that someone has said something that is FALSE and defamatory and causes you damages. It is very good to get in front of these issues as quickly as possible by telling someone that their actions have legal consequences because they often do not know that it does create issues. So you can send this in any way you want. It can be text, email, certified mail, or in person. I usually send letters via email because it’s faster and cheaper.
Does that help clarify things? I want to make sure I didn’t leave anything out.
Yes that makes sense. How effective are cease and desists?
I think he won't stop until he is scared of something happening.
I'm not sure if it coming from me is a good idea on second thought since he may turn around and share it.
Are cease and desist letters confidential?
In my experience, very. The reason is that people who get C + D letters often run to a lawyer to get confirmation about what's being said and the lawyer will tell them that it's all true.
Keep in mind that they aren't force fields that can control their behavior; however, people respond strongly to them in my experience.
They aren't necessarily confidential, so you would be smart to keep your tone about it very, very professional. For a fee, we can review your letter for you before you send it out.
Do you ever send letters on behalf of clients? I can see you're in California (so am I and the receiver). I am thinking maybe it is more impactful if he gets it from a lawyer. But not sure how that works...
Sure thing! Yes, we can set up a job for an hourly or flat fee (around $375) so I can review what was said, interview you about this, and I can send it from my law office address!
Cool - any idea how many hours it typically takes? Also, would we use my template or do you have a C&D letter you typically use?
[FILE UPLOAD]
Here is the template I found. Doesn't seem to have strong enough language and I wasn't sure about the section related to laws.
Got it! So with this information it would take about 1.5-2 hours. I have a much stronger template I use, but I would of course tailor it to your liking. You can even use a template I drafted if you don't want to do a full-on representation thing. You can use this link - https://www.contractscounsel.com/t/document-form-checkout/293
OK cool.
For sure! Were there any details I missed? Were there any concerns you still needed to be addressed?
I'd like to work with you on it if you think it will be more successful coming from you.
How do we get started?
And how quickly do you think we can get this out?
Of course! I'll create a job on the site and the contractscounsel.com will send you a message to accept. Once that happens, we can set up a time to chat within a day or so. After that, you can send me or upload to me whatever documents you have. Then, I'll work on the letter and get it sent out.
I know time is of the essence, so I estimate 1-3 business days it'll get sent out.
OK that sounds good. Go ahead and send it and I will do whatever is needed ASAP.
And thank you - look forward to getting this done.
For sure!
I want to ensure you feel completely satisfied with our conversation.
Were there any details I missed?
Did you have any concerns about this issue that still need to be addressed?
I'm happy to help.
No all good for now.
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