Key Features
- Official warning. Legally informs the recipient that their actions are unlawful or unauthorized.
- Gives formal notice. Notifies a recipient to halt a specific action, infringement, harassment, or breach of contract.
- Provides a legal record. Establishes a legal record of an attempt to resolve the issue before pursuing legal action.
- List the consequences. Outlines potential legal and financial consequences if the demand is not met, including filing an injunction.
- First step of litigation. Often acts as the initial step of litigation and represents that the sender is serious about protecting their rights.
By Type (9)
 Breach of Contract Cease and Desist – Used to notify a party acting in noncompliance with an active agreement.
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 Copyright Infringement Cease and Desist – Legally informs an individual or entity of their unauthorized use of copyrighted material.
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 Debt Collector (Creditor) Cease and Desist – Informs a creditor to halt all forms of communication, primarily over the phone, with regard to a debt that is owed.
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 Defamation (Slander) Cease and Desist – Requests someone to cease making false statements to harm an individual or entity.
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 Harassment Cease and Desist – Takes action against inappropriate behavior (e.g., sexual comments, personal attacks, emotional abuse, etc.) by sending this as a last warning before legal action is taken.
Download: PDF, MS Word, OpenDocument |
 Intellectual Property Cease and Desist – Used for any type of proprietary information employed without the authorization of its owner.
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 Non-Disclosure (NDA) Violation Cease and Desist – Notifies a party about their breach of an NDA.
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 Response to Cease and Desist – Used by the recipient to officially respond to a cease-and-desist letter.
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 Trademark Infringement Cease and Desist – Gives official notice to a third party that is infringing on a federally registered trademark.
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How to Send a Cease and Desist
It is recommended to send a cease and desist letter via certified mail with a return receipt from the United States Post Office. This gives the seder physical evidence that the letter was received.
2 Ways to Send
- USPS Location. Visit a USPS office and it will cost a total of $10.44.[1]
- OnlineCertifiedMail.com – A 3rd party service that will send for $10.49 for a single letter.
Other Mail Carriers
In a 2008 ruling,[2] a court stated that the USPS must be used.. Private carriers such as FedEx and UPS are not accepted as official notice.
Cease and Desist Letter vs Order
Letter
- Anyone can write it.
- Asks the recipient to stop what they are doing immediately.
- The recipient responds to the sender.
- The recipient can continue their actions after issuance (but could be deemed illegal at a later time).
Order
- Court or government agency writes it.
- Requires the recipient to stop what they are doing immediately.
- The recipient responds to the court or government agency.
- The recipient cannot legally continue their actions after issuance.
Frequently Asked Questions
Is a cease and desist letter legally binding?
No, it is not legally binding, but it is a warning that a potential lawsuit could be filed against the recipient if the activities continue.
Is a lawyer required to send?
No, anyone can send a cease and desist letter. However, having a licensed attorney review the document and send it may give more credibility to the claims.
How to send a cease and desist letter?
It is always recommended to send by USPS certified mail (with return receipt) or another carrier that provides proof the letter was received.
What happens if a cease and desist letter is ignored?
The recipient risks legal action being filed against them, which opens them up to potential damages.
Can a cease and desist letter be sent without valid claims?
Yes, but sending baseless or threatening letters without sound legal grounds could be considered harassment.
What happens after a cease and desist letter is sent?
Wait for the recipient to respond. Because a cease and desist letter is time-sensitive, the sender generally will give 5-10 days for the recipient to comply before legal action is filed.
Sample
NOTICE TO CEASE AND DESIST
[SENDER’S NAME]
[STREET ADDRESS]
[CITY, STATE, ZIP CODE]
[PHONE]
[E-MAIL]
[DATE]
Re: Notice to Cease and Desist for Specific Activity
Dear [RECIPIENT’S NAME],
This letter is served upon due to [DESCRIPTION OF ACTIVITY]
If you do not cease activities, a lawsuit will be commenced against you!
If the activity described continues, we will immediately seek a temporary restraining order in the district court against you and any accomplices in this matter. We will also seek monetary damages to be proved at trial. Hopefully, this recourse is not necessary. We have our interests to protect and intend to do so at all costs.
You will not receive another warning letter. If you do not confirm in writing to us by [DATE] that you will cease violating our agreement, a lawsuit will be commenced immediately.
Sincerely,
[NAME OF SENDER]