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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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.
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.
The United States Court of Appeals for the First Circuit hears appeals from the United States District Courts for the Districts of Maine, Massachusetts, New Hampshire, Puerto Rico and Rhode Island.
Cease and desist letters are serious and can lead to major action down the line. In most cases, an email or call for someone to stop what they're doing is enough. It's only after that that a letter is the way to go.
Don't panic But don't panic your receiving a cease and desist letter does not mean that the sender is taking you to court. The sender may threaten legal action if you don't comply with their demands, but it does not always mean that they will start legal proceedings.
Because the consequence is often a lawsuit, a cease and desist letter can be an effective tool to stop someone from doing something that is damaging to you or your business, without having to incur the cost of litigation.
Work with your lawyer to prepare a response.In all but extremely rare circumstances, a response is necessary. Your attorney can help craft the appropriate response. There are a number of ways to respond to a cease and desist letter. Sometimes, a response can be a phone call to the claimant's attorney.
A cease and desist is a written notice demanding that the recipient immediately stop an illegal or allegedly illegal activity. It may be an order or injunction issued by a court or government agency or a letter from an attorney. A cease and desist order or injunction has legal power.
Cease and desist letters are pretty self-explanatory. They are letters that demand the recipient stop taking actions that interfere with the letter writer's rights. A cease and desist letter is not a legal document. But it is a notice that a claimant feels something is wrong with what the recipient is doing.
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.