Consumers are to use this letter when they are receiving multiple and harassing phone calls from a collection company or creditor.
Consumers are to use this letter when they are receiving multiple and harassing phone calls from a collection company or creditor.
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If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright infringement. This action may not happen right away.
Cease-and-desist letters are often ignored, but that doesn't mean legal consequences won't follow. While these letters have no real legal effect, failing to respond or follow up on a cease-and-desist letter may lead to some predictable responses from the sender.
The elements of a cease and desist letter are rather simple:Include your name and address.Include the recipient's name and address.Demand the recipient to stop the harassment.Send it via certified mail, return receipt requested.
Whether it arrives by post, email or someone showing up at your door with a personal delivery, a cease and desist letter almost always means some degree of trouble and expense. A cease and desist letter regarding intellectual property rights is often sent as a warning.
There are four unlawful activities that are most often addressed with cease and desist orders or letters: misuse of intellectual property, harassment, character defamation and libel, and contract violations, including unfair labor practices or unfair compensation.
Once you have ascertained that the communication you have received is or is likely a cease and desist letter, it is important to decide on a course of action. While there is typically no legal penalty for ignoring a cease and desist demand, doing so is generally ill-advised.
Even though a cease-and-desist letter is a non-binding letter and does not have a legal effect, it is primarily sent to the wrongdoer so that it may later be used as evidence in litigation against the wrongdoer if the alleged misconduct is not stopped.
How to Serve a Cease-and-Desist Letter. No specified method of delivery is required for a cease-and-desist letter. Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.
Failing to comply with a cease and desist order means that the violator could pay civil fines or damages. In some cases, particularly those involving harassment, continuing harassing activities could result in jail time.
How to Serve a Cease-and-Desist Letter. No specified method of delivery is required for a cease-and-desist letter. Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.