Received a Cease and Desist Letter? 5 Steps to Protect Yourself

Receiving a cease and desist letter can be unsettling, especially if it’s unexpected. This formal notice, often sent by an individual, business, or their attorney, demands that the recipient immediately stop specific activities or face possible legal consequences. But what does it mean, and what should you do next?

What is a Cease and Desist Letter?

A cease and desist letter is essentially a warning informing you that someone believes your actions are infringing upon their rights or are otherwise harmful. Common reasons for these letters include accusations of intellectual property infringement, harassment, defamation, or breach of contract. Although this letter is not legally binding, it serves as a documented attempt to resolve the dispute outside of court and can become evidence if further action is pursued.

How Should You Respond?

If you’ve received a cease and desist letter, here are a few steps to help you handle it effectively:

1. Read the Letter Carefully: Start by thoroughly reviewing the letter to understand what you’re being asked to stop and the reasons behind it. Pay attention to any deadlines for response or compliance.

2. Assess the Validity: Determine if the claims made in the letter have merit. Reviewing any relevant documents, correspondence, or agreements that relate to the accusation can be helpful.

3. Consider Complying (If Necessary): If the claims are legitimate, consider stopping the disputed activity to prevent the situation from escalating to a lawsuit.

4. Consult an Attorney: Even if you feel you’re in the right, seeking legal advice is advisable. An attorney can help you understand your rights, assess the validity of the claims, and draft an appropriate response.

5. Respond in Writing: It’s often wise to formally acknowledge receipt of the letter, state your position, and outline any steps you’re taking to address the issue. Your attorney can guide you through this response.

Why Consult an Attorney?

Receiving a cease and desist letter can be stressful, but an experienced attorney can help protect your interests. Legal guidance can ensure you avoid costly missteps and pursue a strategy that’s in your best interest.

If you’ve received a cease and desist letter, or if you’re considering sending one, the attorneys at Wood Stabell Law Group can help you navigate the complexities of your case.

The information provided in this article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by virtue of this article. For specific legal advice related to your situation, please consult with a qualified attorney.