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Defamation of Character Oregon - Explained. When someone says something negative about you, whether verbally or in writing, you may be able to sue them. Defamation occurs when statements or actions are made that harm one's reputation.
Slander and libel can hurt the reputation of individuals or businesses, and can even lead to drastic measures, such as violence. A cease and desist slander letter can make the recipient take back what they've said or published, or face legal action.
Defamation is defined as a false statement communicated to another person that damages your reputation. Libel is communicating a defamatory statement by writing or picture, while slander is defamation by oral or spoken communication.
If such words were written or spoken about you, you are not defamed if the words were true. Truth is a complete defense to defamation. Even if your reputation is damaged by a defamatory communication, you cannot collect any money if the communication was true.
A cease and desist letter is used to stop a party from continuing a certain activity. This letter will be used for any actions that involve defamation, slander, or libel.
Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter.
By Belle Wong, J.D. While a cease and desist letter doesn't have a legal effect in and of itself, it's often a good way to begin the process of stopping someone from engaging in an activity that is harming you in some way.
Oregon Case Law Update: Court Upholds Defamation Claim for Tweets and Customer Website Reviews. From the desk of Josh Hayward: In Oregon, individuals who make false statements about another person or business entity may be subject to a defamation claim.
If you're the subject of slanderous or libelous statements, a cease and desist letter can make the recipient retract what they've been saying or publishing. Your letter should ideally state the specific defamatory statement, the reasons why it is untrue, and the damage you're suffering.
The cease and desist template may be used to address the offender to stop making defamatory statements, libel or slander against you in the form of a letter before action. This cease and desist letter should be sent to the offender before pursuing any legal action against them.