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Home Q&A Forum Can a Cease and Desist letter be used to stop someone from making false statements about me online?

Media

Cease and Desist

California

Asked on Jun 6, 2024

Can a Cease and Desist letter be used to stop someone from making false statements about me online?

Recently, I discovered that a former friend has been spreading false and defamatory statements about me on various online platforms. These statements are damaging to my personal and professional reputation, and I want to put an end to it. I've heard about Cease and Desist letters being used in similar situations, but I'm not sure if it applies to online defamation. Can I use a Cease and Desist letter to demand that this person stops making false statements about me online?

1 Attorney answer

Answer

Media

California

Answered 5 days ago

Gordon F.

ContractsCounsel verified

Business Lawyer
Licensed in California
Free Consultation

A cease and desist is little more than a letter demanding that they stop. It has no real legal effect without taking the party to Court. But it cAN show that you’re serious about the situation and it’ll contain the threat of Court action, which may be enough to get the other party to adjust its behavior. But be careful, sending a C&D can backfire if the other party decides to sue you first, asking the court to declare that they’ve done nothing wrong. So, only pursue this if you’re serious about pursuing court action. Also, be sure you include a demand for a Retraction, if appropriate, since some State laws require that before you can collect damages.

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