utilizing and responding to a cease and decist letter.

Let’s say you own a car business that specializes in painting and remodeling antique cars. The materials and techniques you use to fix these cars are unique, and no other businesses in the area repairs cars quite as well or in the same way you do. You work hard, and train an employee to do the same speciality repair that you do. But, that employee decides that he or she would rather go work for him or herself, and later leaves the company. That employee decides to open their own business that specializes in the same car repair method, and uses the same techniques you taught them. That former employee begins offering your current employees jobs, and steals loyal customers from you. Taking legal action against them would be time-consuming, costly, and frustrating.

A cease-and-desist letter, on the other hand, may potentially help your business avoid these problems altogether. If someone has taken advantage of your company, is blasting your company on social media and it is impacting business, you may want to hire an attorney to write a cease-and-desist letter on your behalf. This document has the ability to resolve situations without resulting to litigation, where you seek intervention of the courts.

What is a cease and desist letter, and when can I use one?

A cease and desist letter is essentially, a letter that demands the recipient to stop their illegal, harmful, or offensive activity. These letters can be written for a variety of reasons, both for businesses and personal matters. Cease and desist letters can warn people that if they continue to slander, harass, infringe on copyright and/or breach a contract, then you will take legal action. Protecting your intellectual or personal property, and reputation is very important and cease and desist letters can allow you to find that protection and peace of mind.

What does the letter entail?

The cease and desist letter discloses the recipient’s specific, persistent actions in violation of the law. A settlement offer and a time frame for the recipient’s response may be included in the letter. The letter informs the recipient that the sender is aware of their illegal or harassing behavior and must cease their actions. If the recipient continues to engage in these acts, the sender may pursue any legal remedies available to them. The letter can also be used in court to prove that the recipient was aware of their illegal behavior and, in spite of that awareness, continued that course of conduct. These letters are usually sent as a final warning in the hopes of getting the recipient to comply before initiating a lawsuit against them. The goal is to address the problem absent the court’s involvement.

What happens after I send the letter?

Once the recipient receives the letter, they usually have a certain number of days to respond. In the best-case scenario, the other party will issue a letter declaring that their activities will be halted. There is, no need at that point, to take any further action. Not everyone, however, is readily persuaded or convinced. The recipient may hire an attorney on their behalf. In an ideal circumstance, both sides agree on a solution and the process ends there. If neither of those scenarios transpires, and the recipient refuses to cease their activity, the sender must determine whether or not to pursue legal action and file a lawsuit.

What to do if you receive a cease-and-desist letter?

It is crucial not to be alarmed if you receive a cease-and-desist letter. Receiving one does not guarantee that a lawsuit has been filed, or will be filed. Cease and desist letters are not legally binding, and usually do not require legal action. Please contact the Reczek Chase Law Office if you receive a cease and desist letter and would like to understand and learn more about your legal obligations. We assist clients who want to send a cease-and-desist letter, as well as those who have received them. Having a reliable attorney to help you with these issues, can save you time, money, and stress. Reczek Chase handles a wide range of issues and can assist in resolving legal issues before they become adversarial. If you would like to learn more about whether a cease and desist letter is appropriate for you or your business, our dedicated team can help with your issues, please schedule a meeting or call us at (502)653 7455.

By:

Yanet Andablo, Law Clerk

Reczek Chase Law