If you have received a cease-and-desist letter and you are wondering if you need to hire an attorney, please call us right away to speak about the letter you received, so we can advise you on how to move forward. A cease-and-desist letter is an order or request made by one party to stop another party from continuing a particular action. Typically a cease-and-desist letter will outline what activity the sending party would like you to stop doing and it will also include terms and conditions that they would like you to abide by. Usually, the letter will also include some type of legal action if the “offender” does not stop. The sender of the cease and desist letter can be an individual or a corporation and the receiver of the letter can also be an individual or a corporation. In addition, the letter will include a time frame by which the letter must be responded to, which is why it is imperative that as soon as you receive the letter you reach out to an attorney to discuss your options.

Since a cease-and-desist letter is a letter demanding that the recipient of the letter stop or refrain from some type of behavior or activity it is important to understand why you received the letter in the first place and if you are actually bound by law to refrain or stop the activity that you are being asked to refrain from. Some of the activities that could prompt such a letter include:

• Property disputes between neighbors;
• Harassment by collection agencies or junk debt buyers;
• Stalking or undesirable attention;
• Patent infringement;
• Copyright infringement;
• Trademark infringement or;
• Contract violation.

Any of the following reasons could warrant you to receive a cease-and-desist letter. For example, if you have been downloading unauthorized music or movies from the internet, it is possible that you could receive a letter demanding that you refrain from this activity. They could also demand some form of compensation and other terms. If you receive a letter like this, it is important you contact an attorney right away to determine if you are actually legally obligated to refrain the activity you are being asked to stop and if you are legally bound to stop what are the actual legal ramifications if you do not. Also, if you did in fact participate in an activity, like downloading unauthorized movies and you are required to abide by certain terms, it is important to see if these terms are negotiable. Usually, a cease and desist letter can be negotiated by an attorney.

Receiving a cease-and-desist letter can be a scary thing and you should not give in immediately to the terms of the letter nor should you ignore the letter. The most important step you can make once you receive the letter is to contact an attorney immediately and ask if the cease-and-desist letter is valid and factual. Ignoring a cease-and-desist letter can cause serious legal ramifications if in fact you have been violating the law. If you have received a cease-and-desist letter, stand up for yourself and contact our firm immediately for representation to put this matter behind you.