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A cease-and-desist order is a temporary injunction issued by an administrative agency directing a specific party to halt certain identified practices. Cease-and-desist orders are used in many areas of the law. Usually, an administrative judge has the discretion to issue this type of order.
There are two different kinds of cease-and-desist orders:
- Summary Cease and Desist: This is an order issued before a hearing or without any type of judicial proceedings.
- Final Cease and Desist: This is when the order becomes final. The person who the cease-and-desist order has been placed against must request a hearing within a certain amount of time after the temporary injunction is in place or the order becomes final.
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What is a Cease-and-Desist Letter?
A cease-and-desist letter is a formally written document that communicates to an individual or organization the request to stop a specific action and to also refrain from taking that action in the future. The letter also includes specific demands, such as the action that you want the individual to take and by what date. If the recipient fails to comply with the request in the letter by the specified date, it usually carries a threat of legal repercussions.
Reasons Why You May Want to Send a Cease-and-Desist Letter
There are a number of common scenarios in which someone might want to send a cease-and-desist letter. These include:
- Harassment: You could send a letter demanding that someone stop harassing behaviors. The letter should include specific dates that the harassment occurred, a detailed description of the harassing behavior, and the date at which you will take further legal action if the behavior doesn't stop.
- Trademark Infringement: A copyright automatically applies to any work that is written. However, a trademark must be registered in order for it to be legally enforceable. When sending a cease-and-desist letter over trademark infringement, you should include a description of the design that's been infringed upon, the date that you saw the image was used, and the actions that the recipient should take to comply with the letter.
- Copyright Infringement: If you believe someone is using your copyrighted work without permission, sending a cease-and-desist letter is the first step you should take to protect yourself. Your letter should include details about the work that was copyrighted, proof that you own the content, and an explanation of how the copyright was infringed upon.
- Debt Collections: If you're receiving harassing phone calls from debt collectors, you may want to send a cease-and-desist letter to stop the harassment. Your letter should contain the amount of debt that collectors are pursuing, the account number associated with the debt, and any other documentation to stop the harassment.
What to Include in a Cease-and-Desist Letter
Here is a look at the type of information you should include in a cease-and-desist letter based upon the kind of letter you're sending:
Harassment
If you're sending a cease-and-desist letter to a debt collection agency that won't stop you, it should include language from the Fair Debt Collection Practices Act, which prohibits the collection agency from contacting you by phone. If you're sending a cease-and-desist letter to an individual who's stalking or harassing you, then your letter should tell them that their behavior is uncomfortable, offensive, and threatening. Both types of letters should include the following:
- Unlawful Behavior: A description of the type of behavior that the individual or company is engaging in that's unlawful
- Dates: Specific dates when the harassing behavior took place
- Location: Where the harassment occurred, or if it took place over the phone
Trademark Infringement
It's important to always register your trademark with the U.S. Patent and Trademark Office (USPTO), or your cease-and-desist letter may be powerless to stop the other business or party from using it. If your trademark is registered, then your rights are documented. Your letter should include:
- Dates Used: Specify the date when the other party first used your trademark.
- Registration Number: When you registered your trademark with the USPTO, your trademark was given a registration number that you should include with the letter.
- Registration Date: Include the date you registered your trademark.
- Geographic Areas: If applicable, include the geographic location where the trademark was used.
Copyright Infringement
If someone is using your work without permission, you can send a cease-and-desist letter demanding they take the content down or stop using it without proper attribution. Unlike trademarks, copyright applies as soon as your idea is written down. Your letter should include:
- The name or description of the work and/or a description of its similarities to what the other party is using
- The date at which the content was first published
- The registration number if you have registered it with the U.S. Copyright Office
- The length of time they have to stop using the content and meet other specified demands
Defamation
If someone is making false statements, whether they are spoken or published in writing, that have harmed your reputation, character, or business, you can send them a cease-and-desist letter demanding that they stop making those claims. There are two different types of defamation that the law recognizes:
- Libel: False statements that are written
- Slander: False statements that are spoken
If you're sending a cease-and-desist letter for defamation, your letter should include:
- The statement that was made by the other party;
- Whether the statement was spoken or published;
- A description of how the statement was misleading;
- A description of the harm you suffered as a result of the defamatory statement;
- Your demands, including the number of days that the other party has to take action and the specific action you want them to take, such as publishing a retraction of their statement or removing all of the content from a website.
Cease-and-Desist Letter Templates
Here are some templates you can use to create your own cease-and-desist letter:
- Harassment
- Debt Collection
- Trademark Infringement
- Copyright Infringement
- Defamation
Ways to Respond to Receive Cease and Desist Notices
Obtaining a cease and desist letter can often be a confusing experience. These letters are generally dispatched by people or companies who believe that someone is engaging in harmful or unlawful activity infringing upon their rights. While it's necessary to handle these letters earnestly, knowing your options and rights is equally essential when obtaining one. Upon obtaining a cease and desist letter, the recipient generally has numerous options for answering:
- Evaluating the Validity of the Claims: The primary step when obtaining a cease and desist letter is to thoughtfully review its content and evaluate the validity of the claims filed by the sender. Consider hiring a lawyer experienced in the applicable area of law to help you understand the lawful merits of the charges and your potential liability.
- Negotiating a Resolution: In numerous circumstances, settling the conflict without heading to court is possible. Moreover, engaging in negotiations with the sender or their legal agent may lead to a contract that benefits both parties. Mediating a resolution can save resources and time and involve different solutions, such as cease and desist compliance.
- Taking Remedial Actions: If the cease and desist letter comprises reasonable lawsuits, and you believe it is in your best interest to comply, taking immediate remedial action can help control legal escalation. It may concern ceasing the disputed activities, removing infringing content, or addressing any problems presented in the letter.
- Drafting a Response: If you deny the allegations specified in the cease and desist letter, it is necessary to prepare a well-reasoned and professional answer with the help of your lawyer. Your answer should address the distinct issues submitted by the sender and offer any supporting proof or legal opinions to contradict their claims. A well-prepared answer can help safeguard your rights and interests.
- Preparing for Litigation: Litigation may become imperative if mediation fails and parties cannot reach a resolution. You must take legal recourse to protect your rights or reason your claims in such circumstances.
Different Types of Cease and Desist Letters
Below are different types of cease and desist letters:
- Intellectual Property Cease and Desist Letters: Among the most frequent iterations, intellectual property (IP) cease and desist letters serve as a shield for copyrights, trademarks, and patents. When unauthorized utilization of one's intellectual property occurs, such as employing copyrighted content, trademarked logos, or patented inventions without consent, the sender may dispatch an IP cease and desist letter. These letters commonly demand the immediate cessation of the unauthorized use of protected assets and may also request compensation for any damages.
- Defamation Cease and Desist Letters: Defamation cease and desist letters become necessary when a party has disseminated untrue statements concerning an individual, business, or reputation. These false assertions can inflict harm on both personal and professional fronts, making these letters instrumental in ending the propagation of erroneous information. Generally, they demand the accused retract their statements, issue apologies and desist from further disseminating defamatory remarks. In certain instances, recipients might also be called upon to provide reparations for the harm inflicted.
- Harassment or Stalking Cease and Desist Letters: Harassment and stalking cease and desist letters come into play when unwarranted, persistent, and distressing contact or behavior is inflicted upon an individual, often inducing fear. These letters are indispensable in instances of cyberbullying, online harassment, or stalking. The primary objective of these letters is to insist that the perpetrator immediately halt all forms of harassment or stalking, whether through digital correspondence, phone calls, or physical presence. Typically, these letters serve as a prelude to legal actions or the pursuit of restraining orders.
- Debt Collection Cease and Desist Letters: In scenarios where consumers aim to discontinue contact with debt collectors, debt collection cease and desist letters are employed. The Fair Debt Collection Practices Act (FDCPA) in the United States empowers consumers to request that debt collectors cease communication efforts. Once the collector receives such a missive, they may only contact the consumer to confirm receipt or convey specific actions, such as impending legal proceedings.
- Nuisance and Trespass Cease and Desist Letters: Nuisance and trespass cease and desist letters come into play when a neighbor or another party engages in activities that disrupt tranquility or encroach upon property rights. These letters demand the cessation of disruptive activities, which may encompass disturbances like excessive noise, encroachments onto one's property, or other behaviors that infringe upon the peaceful enjoyment of one's property.
Benefits of Having a Lawyer Send a Cease and Desist
While you can send a cease-and-desist letter on your own using one of the templates above, civil claims can be complex. Even if the verdict is in your favor, the other party could appeal the decision, drawing out the legal process even further. However, if you work with a lawyer and have them send the cease-and-desist letter on your behalf, they can:
- Explain whether your rights have, indeed, been violated, and what options you have for taking legal action;
- Tell you whether a cease-and-desist letter is the most effective and appropriate course of action;
- Write and send the letter on your behalf, making sure everything is properly documented.
In many cases, simply having a lawyer send the letter can cause the other party to take you more seriously. This, alone, could result in a more swift response and an end to the unlawful behavior.
Final Thoughts on Cease and Desists
Cease and desist letters are vital in settling conflicts and protecting people or companies' rights. Also, when used appropriately, they can effectively stop unlawful conduct and facilitate peaceful resolution. Nevertheless, these letters should always be prepared with care, backed by strong legal grounds, and in adherence to applicable regulations and laws. Hence if you are either on the sending or receiving end of a cease and desist letter, seeking legal guidance is advisable to ensure your rights and interests are safeguarded throughout the process.
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Meet some of our Cease and Desist Lawyers
Merry A.
Merry Kogut is a licensed attorney based in Washington State who has been a legal expert on JustAnswer since 2008 specializing in employment law, consumer protection and discrimination issues. She has been an attorney handling WA State phone consultations for Arag Legal Insurance since April, 2023. She has also been an attorney in private practice since 1986, and was in-house legal counsel for multiple WA State government agencies. She brings nearly 50 years combined legal and professional writing experience. Earlier in her career, Merry served as a law clerk for the Washington State Court of Appeals, and as a discrimination specialist, investigator and legislative liaison. She also helped establish the “Legal Writing Institute,” a national association of legal writing instructors and administrators. Merry earned her law degree from the Seattle University (formerly University of Puget Sound) School of Law.
Melissa G.
My name is Melissa “Mel” Green and I provide legal counsel to entrepreneurs, start-ups, and small businesses that is clear, concise, and focused on the practical impact of decisions. As trusted legal counsel, I proactively identify risks, and develop effective, practical solutions that protect my clients businesses, create positive outcomes, and help mitigate legal exposure. My areas of expertise include business formation, contract law/commercial transactions, healthcare law, and intellectual property. I also provide services as an outside general counsel or “fractional general counsel”. Prior to starting my own law firm, I spent the majority of my career in-house at large and small corporations, both for profit and not-for-profit, working with senior and executive management, in addition to other stakeholders at a variety of management levels. to proactively identify and address risks, mitigate legal exposure, streamline processes, lead persuasive negotiations that are integral to ensuring positive outcomes for the organization, and deliver hands-on, spectacular client service. There came a time when I realized that individuals and smaller entities were not receiving the same level of legal support and guidance as mid-size to large companies and as a result, individuals and small businesses were not growing and sustaining on the same level. I wanted to use my expertise to provide those that were underserved by the legal market with competent counsel at an affordable price. With the increasing number of new businesses, I knew that I could make a difference to those that needed legal guidance but were putting it off in fear of “Big Law” prices. I love to “partner” with my clients, get a deep understanding of their business, develop lasting professional relationships and watch them prosper. I want to find a way to help my clients maximize the reach, value and impact of their business. Services that I have provided over the course of my career: (i) reviewing, drafting and negotiating commercial agreements (leases, MSAs and SOWs, consulting services agreements, confidentiality agreements, SaaS agreements, coaching agreements, independent contractor agreements, coaching agreements, photographer agreements, waivers and releases, licensing agreements, etc.), (ii) business formation (operating agreements, written consents, bylaws, etc.), (iii) preparing policies and procedures for businesses in highly regulated industries, (iv) conducting federal trademark searches and filing trademark applications/preparing trademark opinion letters after conducting appropriate legal research, and (v) general business counsel.
Samuel R.
My career interests are to practice Transactional Corporate Law, including Business Start Up, and Mergers and Acquisitions, as well as Real Estate Law, Estate Planning Law, Tax, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Mergers & Acquisitions, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the 2024 Super Lawyers Southwest Rising Stars list. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, mergers and acquisitions and also trademark registration and licensing.
Lawrence S.
Lawrence A. “Larry” Saichek is an AV rated attorney and a CPA focusing on business and real estate transactions, corporate law and alternative dispute resolution. With a background including five years of public accounting and six years as “in house” counsel to a national real estate investment company, Larry brings a unique perspective to his clients – as attorney, accountant and businessman. Many clients think of Larry as their outside “in house” counsel and a valued member of their team. Larry is also a Florida Supreme Court Certified Mediator and a qualified arbitrator with over 25 years of ADR experience.
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Melissa T.
Melissa Taylor, the President and founding partner of Maurer Taylor Law, specializes in business contract review and drafting and is a second-generation attorney with private firm, in-house counsel, governmental, entrepreneurial, and solo practitioner experience. Melissa has a strong legal background, a dedication to customer service, is friendly, warm and communicative, and is particularly skilled at explaining complex legal matters in a way that's easy to understand. Melissa personally handles all client matters from start to finish to ensure client satisfaction.
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Brett G.
Entertainment Attorney with 30+ years of experience, representing all aspects of the TV, Film, Music and Publishing Industries
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Aaron M.
Aaron focuses his practice on entrepreneurs and emerging growth companies, providing general counsel services for companies from formation through exit. Aaron frequently advises clients in connection with routine and unique legal, business, and strategic decisions, including corporate, business and technology transactions, angel and venture financings, mergers and acquisitions, protection of intellectual property, and information privacy and data security.
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Cease and Desist
Illinois
Does cease and desist or no contact order pertain to public community college?
College violated no contact order to cease and DESIST. What can be done to move forward to litigate?
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You will need an attorney to advise you, as such, you will need to post your project on the website Here are the steps you need to take to accomplish this 1. Post the job you need to get accomplished – for example “ I am looking for an attorney to discuss a possible violation of a cease and desist by a college -------------“ 2. Once posted, attorneys on the website that are interested and qualified will respond to your posting 3. Choose an attorney/s based upon their qualifications and cover letter to have a quick call so that you can decide who you would like to hire. 4. After talking with attorneys, choose who you will decide to proceed with. Remember to discuss the cost of the project as well as how long it will take to be completed as well as when payments will be made. 5. Once you have decided who to hire, click “HIRE” and that attorney will now be hired by you. Donya Gordon, Esq.
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Cease and Desist
Illinois
I am looking for an attorney to write a Cease of Desist letter.
I had a verbal agreement with the video editor to edit a documentary. Per the video editor, the agreement was that he would edit the videos and complete the documentary, and if I liked it, I would pay him, and if I didn't like it, I didn't have to pay him. I gave him the script for an hour-long video. He completed a two hours video; he did not use the script; he put whatever he wanted, and now he wants me to pay him triple the amount of money we agreed. Now he is threatening me if I don't pay him; he will publish all the videos online and put on all social media that I did not pay him. I agreed to pay him the amount previously discussed, never said I wasn't going to pay him.
Tina R.
I can assist drafting a letter. I'm an Illinois barred attorney.
Litigation
Cease and Desist
New York
Cost to get a cease and desist order.
Someone has been calling my job phone and leaving abusive messages
Matthew S.
The cost depends on exactly what you want. If you want a simple cease and desist letter, I would charge as quoted below. If you want steps beyond that, I may have to charge an hourly rate. $300/hr.
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Cease and Desist
New Jersey
I have a cease and desist letter
I have a cease and desist letter I need help
Matthew S.
Cease-and-desist letters come in many varieties, depending on what do you want to stop. Some are contract violations. Some are violations of your property rights. Others involved harassment of your person or property. I can write a letter for you based on my 37 years worth of experience.
Business
Cease and Desist
Georgia
When to send a Cease and Desist Letter?
I am a small business owner (retailer), and had a long time staff member (Michael) develop a drinking problem. He felt comfortable enough to come to work intoxicated on a few occasions putting the rest of the staff and my business at risk. He was a supporting manager and had keys to the store. One day he had to be driven home from work because he was too inebriated. Another staff member who drove him to his home gave him a couple of days to come clean to me before she would tell me what happened. He never told me even though i gave him every opportunity to do so. So I had a meeting with him and explained that I was disappointed and wanted to help him, but my business and family had to be protected as well so I took his keys and title away while keeping him employed and at the same pay rate. I did this in hopes that he would get some help and didn't have to worry about being unemployed. Then Covid hit. Had to shut down for a little while. I kept in communication with my team (including Michael) throughout. Everyone responded except Michael. When it was time to re-open I asked everyone to respond letting me know if they were coming back to work. Everyone responded except Michael. Never heard from him again. So, I terminated him under "job abandonment". He then went to work at another local shop, and so I was happy for him and went on with my life and business. A couple of weeks ago I started to get some messages from mutual friends asking me what Michael was posting about on Facebook and other platforms and it turns out he has been posting derogatory comments (all lies) about how we treated him horribly and these could affect my business. None of our staff members can see these posts directly because he has blocked us all. We have, however, been receiving screenshots from mutual friends. Again, this went down over two years ago! I kept him employed I paid him through the pandemic including doing his unemployment paperwork weekly. I didn't fire him. He chose not to come back to work I demoted him and kept him at the same pay rate I tried every way that I could to help him find help I simply want this to stop as I did nothing wrong and did much more than any other employer would have. His parents are enablers and are probably behind this.
Meghan T.
Hello, In Georgia, defamation consist of producing a false and defamatory statement about another. Libel consists of writing (via text, social media, or even through a review) a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person. Finally, slander of (oral defamation) occurs by making charges against another in reference to his trade, office, or profession, calculated to injure him therein; or uttering any disparaging words productive of special damage which flows naturally therefrom. You can write a letter to your former employee outlining the law and describing how they defamed you and your business. If you have any questions, feel free to reach out to me and set up a consultation. Thanks, Meghan K Thomas, Esq
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Draft cease and desist letter
Location: California
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Service: Drafting
Doc Type: Cease and Desist Letter
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