Aaron Hall is an attorney located in Minneapolis, Minnesota, experienced in using cease and desist letters to address violations of the law. Cease and desist letters may be useful in a number of circumstances including
- Defamation, Slander, or Libel
- Trademark Infringement
- Copyright Infringement
- Patent Infringement
- Breach of Contract
- Debt Collection (to collection agency or creditor under Fair Debt Collections Practices Act)
When to Send a Cease and Desist Letter
Cease and desist letters are often the first way that people use to get another person to cease unlawful conduct. Cease-and-desist letters are cheaper than a lawsuit, and are often more practical in resulting small differences or urgent problems when time is of the essence.
A cease and desist letter can include a settlement request, such as a demand for financial compensation or other requests to result your differences and to settle the dispute.
If You Receive a Cease and Desist Letter
If you have received a cease and desist letter, you should contact an attorney to understand your rights, the risk of continuing to act contrary to the direction of the cease-and-desist letter, and the legal strategy that will best accomplish your goals.
Sample Cease and Desist Letter
Here is an example of an actual cease and desist letter. The names of the parties involved and other identifying information has been removed.
Who Should Write the Cease & Desist Letter?
Cease-and-desist letters are most effective when sent from an attorney rather than from the party themselves.
A cease-and-desist letter from an attorney communicates three things:
- the party hiring the attorney is concerned enough that the party has taken this step of involving a lawyer,
- the situation has been analyzed by a lawyer who in good faith believes that illegal conduct is occurring and the statements in this cease and desist letter are true, and
- the attorney is equipped to take legal action if the recipient of the cease-and-desist letter does not comply with it.
Cease and Desist Letter Laws
Cease-and-desist letters involve many areas of law. Each cease-and-desist letter is different depending on the circumstances and the statutes, cases, or other laws that are relevant to the situation. Cease-and-desist letters must include the appropriate legal language to have the desired legal effect.
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