Receiving a cease and desist letter can be an intimidating experience you might not know how to respond to. While a cease and desist letter is not legally enforceable, ignoring it can trigger potential legal action from its sender. However, a cease and desist letter can also be used as a scare tactic to trick you into thinking there will be legal recourse for not complying with its demands. Because of this, it's important to have an attorney on your side.
If you have received a cease and desist letter, you should take it seriously and should only respond after fully understanding the claims being brought against you and after seeking experienced legal counsel.
What is a Cease and Desist Letter?
While usually sent by an attorney, a cease and desist letter can be sent by anyone claiming trademark infringement, patent violation, or copyright infringement. These letters can be used in defamation claims, contract violations, and other civil claims.
If you receive a cease and desist letter, the first thing to do is read and understand its contents and try to understand the potential legal implications of ignoring it. Finally, consult with your attorney to understand the letter's requirements and discuss options for responding.
Depending on the demands of the cease and desist letter, you may be able to work things out with the sender. However, your attorney can help you take further legal action if you cannot resolve the situation.
Can a Cease and Desist Be Legally Enforced?
A cease and desist letter is not legally enforceable since the court doesn't order it. Instead, the letter is a formal request to stop doing something that violates the law or a contract. There are generally no immediate consequences for not complying with the letter's demands.
That being said, you risk escalating the situation by ignoring the letter, and the sender may have grounds to start a legal recourse against you to obtain an injunction. The cease and desist letter also provides evidence of the sender's intent or efforts to stop any illegal activity. In some situations, it can open room for negotiations between you and the sender and help you resolve an issue without litigation.
However, if you receive a cease and desist order, you should take steps to comply with its demands as they are legally enforced. A cease and desist order comes straight from the courts, carries real weight, and should not be considered an empty threat.
Get in Touch with an Experienced Ennis, Texas Attorney
If you have received a cease and desist letter and are wondering how to respond to it, Foster Massengill, LLC can help. We'll follow up on the details of your cease and desist letter and determine your best options going forward. Fill out our online form or call us at (972) 937-1616 to schedule a consultation. We have experience representing local businesses and individuals in Waxahachie and the surrounding Ennis area.
FAQs
If you have received a cease and desist letter and are wondering how to respond to it, Foster Massengill, LLC can help. We'll follow up on the details of your cease and desist letter and determine your best options going forward. Fill out our online form or call us at (972) 937-1616 to schedule a consultation.
What is the first thing you should do if you receive a cease and desist letter? ›
When you receive a cease and desist letter, your first step is to show it to an attorney. Depending on whether the letter is about trademark infringement, harassment, or defamation, you'll need either an intellectual property attorney, a criminal attorney, or a personal injury attorney.
Should I worry about a cease and desist letter? ›
Should I be worried about a cease and desist letter? Receiving a cease and desist letter is a serious issue. It indicates the sender's intention to pursue you for the alleged wrongdoing if you do not follow their demands. Receiving a cease and desist letter does not necessarily mean you will end up in Court.
How to respond to a false cease and desist letter? ›
Ways you can respond to a Cease and Desist Letter
- Ignore it. Although this is not recommended, it's important to emphasise that you are not legally obligated to do anything about it. ...
- Comply with it. This depends on the severity of the claims. ...
- Mount a defence. ...
- Consider the future.
After receiving a cease and desist letter, the recipient has various options and steps to take, such as: Consult with an Attorney: Seek legal advice to assess the merits of the claims. Obtain guidance on the appropriate course of action.
Can a cease and desist letter backfire? ›
Most people think that cease & desist letters need to be scary. The problem is—scary doesn't always work, and it can even backfire. A great recent example is a cease and desist letter that came from Netflix.
What happens if I ignore a cease and desist letter? ›
Failing to respond to a cease and desist letter could lead you to a lawsuit. If you ignore the letter, there could be a summons and complaint that alerts you that you have been officially served with a lawsuit from the original complaint.
Can you challenge a cease and desist? ›
Fundamentally, there are two ways to respond to a cease and desist letter. You can either (i) agree to comply with the sender's demand, or (ii) dispute the allegations against you or your company.
Is a cease and desist a scare tactic? ›
Intent: A cease and desist letter is often an effective “scare tactic” because it conveys the seriousness of a complainant's intent to protect their legal rights.
Is a cease and desist letter harassment? ›
Ironically, a cease and desist letter can be defined as harassment itself (yes, you read that correctly). This is especially true if the letter contains untruths or claims of legal action which are either not feasible or so threatening as to intimidate or frighten the other party's sense of safety and security.
No, it would not show up on background checks. There is not any sort of external database of employment information that keeps this sort of thing. It's not like a credit report. There is not an independent third party that receives a "cease and desist" letter.
What are the consequences of cease and desist? ›
Failing to comply with a cease and desist order means that the violator could pay civil fines or damages. In some cases, particularly those involving harassment, continuing harassing activities could result in jail time.
Are cease and desist letters scare tactics? ›
Intent: A cease and desist letter is often an effective “scare tactic” because it conveys the seriousness of a complainant's intent to protect their legal rights.
What do you say in a cease and desist? ›
Effective cease-and-desist letters include the following information:
- A thorough yet concise and clear description of the activity that must be stopped.
- The legal basis for your claim.
- The consequences if the recipient of the letter fails to comply.
- A deadline by which the activity must stop.
A reasonable amount of time should be given to the recipient to respond to the claims set out in the cease-and-desist letter. This is particularly important when the recipient does not have a legal representative. That said, the response period is still usually around 14 days.
