A cease and desist letter is used to stop another party from continuing an alleged illegal or harmful act. It warns the recipient that legal action may be taken against them if the behavior is not corrected.

Though it warns of possible legal consequences, the letter is often sent to avoid litigation. The idea is to convince the recipient that ending the wrongdoing is better than going through a costly, time-consuming legal battle.

Examples

Issues that can be addressed with a cease and desist letter include:

• Defamation: False statements that harm another party’s reputation, whether made verbally (slander) or in writing (libel).
• IP Infringement: Misuse of one’s copyright, trademark, patent, or other intellectual property.
• Debt Collection: Unwanted phone calls and letters from debt collection agencies.
• Harassment: Offensive behavior toward another, including verbal threats and employee discrimination.

Cease and desist letters are not legally binding and cannot force the recipient to cooperate, but they signal that the sender is serious and prepared to take legal action if the activity continues.

If the recipient ignores the notice and continues the behavior, the letter can strengthen the sender’s legal case by showing a future court that pre-litigation steps were taken and the recipient was not compliant.

Since a cease and desist letter is not a court order, there is no specific requirement for how it must be sent. It can be delivered by mail, email, or in person. However, sending it via certified mail is recommended, as it provides proof of delivery.