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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A cease and desist harassment letter is a written document that demands the recipient stop a certain behavior immediately. This behavior is constituted as harassment in some way.
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.
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. You might even think you are out of danger.
What does cease and desist mean? It means to stop doing something and not resume doing it in future. A cease and desist letter will often be multiple pages and will outline the alleged infringement in detail.
Even if the sender demands or requires action, cease and desist letters are not summons and complaints. The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed. Instead, the letter is a warning of sorts.
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.
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.
Remember, a cease and desist letter is not legally binding like a cease and desist order from a court or government agency. Its purpose is to alert the recipient that you are aware of an alleged violation and may be prepared to take legal action to protect your rights.
If you get a cease and desist letter, you should go talk to an attorney in your jurisdiction. But for general educational purposes, you should obey the letter if it is directing you to stop doing something illegal.
anddesistletter is a cautionary letter sent to an alleged wrongdoer describing the alleged misconduct and demanding that the alleged misconduct be stopped. anddesist letter provides notice that legal action may and will be taken if the conduct in question continues.