Cease and desist letters are the legal letters that are usually sent to the alleged wrongdoer. These letters aim to provide the alleged wrongdoer with a notice about the legal action that may and can be taken if the conduct regarding certain topics continues. Such letters are normally written by attorneys and are often sent to stop and prevent alleged or actual infringement of intellectual property and rights such as trademarks, copyrights, and patents. In addition, this letter can be used as a type of warning for the wrongdoer against some crimes such as slander, libel, and harassment, as well as contractual violations. Even though these letters have no legal effect, they are usually treated as evidence since they are sent to the wrongdoer as a warning. If the misconduct continues, this letter will be considered evidence. Here are some other purposes of these letters you should know about.
Infringement of an Intellectual Property Right
Regardless of whether it is a trademark, copyright, or patent, your ownership of the intellectual property provides you with specific rights that usually protect you in cases where these rights are violated. One of the most common breaches of this right is when someone uses your intellectual property without your consent. This breach is legally called infringement and can be stopped by simply sending the cease and desist letter, which needs to possess detailed information about what action is considered infringement. This letter should be written with the assistance of experienced Cease and Desist Services who can assist you in expressing all of your requests. In addition, sending this letter on your own holds no legal power.
Debt Collection Services
If you have been constantly connected and called by a debt collection service or attorney, then the cease and desist letter is a very effective tool for you to stop them from harassing you by citing the federal Fair Debt Collection Practices Act, which regulates how the debt collectors need to behave. With this law under your belt, you can send a letter to the debt collector and ask them to stop contacting you. They must stop sending you warnings; otherwise, they will face statutory penalties. However, you must bear in mind that even though the letter can stop them from contacting you, it has nothing to do with your debt, which you will continue to owe until you entirely pay it off. Not to mention, these letters only work with debt collection agencies and attorneys; they do not work with in-house collections departments.
Slander and Libel
When someone is spreading fake rumors about you or your company, that can hardly influence your reputation and can make your business suffer serious and irreparable harm. Sending a letter of cease and desist can stop them from proceeding with their fake information. Such rumors are considered a form of defamation and are called slander if the fake statements are made orally and libel if they are in written form. In the event that you are the subject of defamatory or libelous statements, using cease and desist letters can make the recipient retract what they were publishing in written form or what they have been spreading by word of mouth.
This letter needs to contain all of the information, such as a precisely defined defamatory statement, the reasons why this statement is untrue, and should have evidence of the type of damage you are suffering. You should also give the recipient a firm deadline by which they must retract all of their statements or face legal repercussions.
A cease and desist letter can also serve as a tool for stopping harassment. Yet, depending on who is doing the harassment, the letter may cause the harasser to act adversely, so you need to use all of your judgment before you send the letter. So, if you feel that this letter can enrage your harasser, then the best thing you can do is to go directly to the courts and get a restraining order. It is also an excellent idea to check out the harassment laws in the state you are living in and estimate your legal options.
Sending a letter of cease and desist should be done via certified mail so that you have evidence and a record that it was sent away. In addition, you need to know that sometimes it is not just enough to send this letter but to undertake some other legal actions that can help you fulfill your legal rights. Of course, this letter is sent by your attorney, and you should act as a team so that the ultimate aim of this letter is achieved.