Cease and Desist Letter: How to Stop Harassment or Infringement

Cease and Desist Letter: How to Stop Harassment or Infringement

A cease and desist letter is a formal legal notice demanding that someone stop conduct that is causing you harm. While not a court order, it is a powerful first step that establishes a formal record, puts the other party on notice, and often resolves issues without expensive litigation.

What Is a Cease and Desist Letter?

A cease and desist (C&D) letter is a written document demanding that the recipient: 1. Cease (stop) specific conduct immediately 2. Desist (refrain) from taking that action in the future

It is typically the step between informal resolution attempts and filing a formal legal claim. Many disputes are resolved at this stage — especially when the recipient realizes the sending party is serious and knowledgeable about their legal rights.

Common Situations Requiring a C&D Letter

Intellectual Property Infringement - Copyright infringement (copying your content, images, videos, code) - Trademark infringement (using your brand name or logo) - Patent infringement (using your patented product or process)

Harassment - Personal harassment (online or in person) - Workplace harassment (if the employer is unresponsive) - Cyberbullying or defamatory social media posts

Debt Collection Harassment Under the Fair Debt Collection Practices Act (FDCPA), a written cease and desist letter to a debt collector legally requires them to stop contacting you (except to notify you of specific actions they will take).

Contract Violations - Breach of non-compete or non-solicitation agreement - Unauthorized use of trade secrets - Soliciting your clients in violation of a contract

Defamation When someone is publishing false statements that damage your reputation.

What Your C&D Letter Should Include

Clear Identification of the Parties Your full name/business name and the recipient's full name/business name.

Description of the Infringing or Harmful Conduct Specific factual description of what they are doing that must stop. Include: - Dates of conduct - Specific examples (URLs, screenshots, incident descriptions) - The harm you have suffered or will suffer

Legal Basis State the legal claim that the conduct violates — copyright law, trademark law, FDCPA, state harassment statute, etc. Specificity strengthens the letter.

The Demands Exactly what they must do: - Stop the conduct immediately - Remove infringing material by a specific date - Destroy infringing copies - Cease all future contact (for harassment) - Return stolen property or confidential information

A Deadline Give a specific deadline (5–14 days is typical) to comply.

Consequences of Non-Compliance State what legal action you will take if they do not comply: - File for copyright/trademark infringement - File a civil lawsuit - Seek injunctive relief - Report to relevant authorities

Sending Your C&D Letter

For a paper trail: - Send by certified mail with return receipt - Send by email with read receipt for faster delivery - Keep copies of everything

What Happens After You Send It

Best case: The other party stops the conduct and confirms in writing.

Most likely: You may get no response or a formal response from their attorney. Evaluate the response carefully.

Worst case: They ignore it, requiring escalation to litigation.

If you need to file suit, your C&D letter and their response (or lack of response) are key evidence of their willful non-compliance.

Use iRunDocs to create a professional, legally formatted cease and desist letter — ready to send in minutes.