This Cease and Desist Letter is written from the perspective of an attorney representing a client who has been slandered. Because every case of slander is different, this cease and desist letter slander template should not be used without first consulting with an experienced defamation attorney.
This template could potentially be modified to fit cases of defamation of character, character assassination, disparagement, or other forms of slander.
Understanding Slander vs. Libel
Slander and libel are both forms of defamation, but they differ in one key respect: slander involves spoken false statements, while libel involves written or published false statements. A defamatory comment made in conversation, during a phone call, or at a public meeting is generally classified as slander. A defamatory post on social media, in an email, or in a printed publication is generally classified as libel.
The distinction matters because the legal standards and available damages may differ. In many jurisdictions, slander claims require the plaintiff to prove actual monetary damages unless the statement falls into a category of slander per se — statements so inherently harmful that damages are presumed. Categories of slander per se typically include false statements that a person committed a crime, has a loathsome disease, engaged in sexual misconduct, or is unfit in their profession or trade.
Elements of a Slander Claim
To pursue a slander claim, you generally must establish four elements:
- A false statement of fact — The statement must be presented as fact, not opinion, and it must be provably false.
- Publication to a third party — The statement must have been communicated to at least one person other than the subject of the statement.
- Fault — Depending on the jurisdiction and whether the plaintiff is a public or private figure, you must show the speaker acted with negligence or actual malice.
- Damages — You must demonstrate that the false statement caused you harm, whether to your reputation, your business, or your emotional well-being. As noted above, slander per se claims may presume damages.
Understanding these elements before sending a cease and desist letter helps you evaluate the strength of your position and draft a more effective demand.
When to Use This Template
This slander cease and desist letter is appropriate in situations where someone has made false spoken statements that are harming your reputation or business. Common scenarios include:
- Workplace gossip — A former colleague or employer makes false statements about your job performance, conduct, or reasons for termination.
- Business disparagement — A competitor or disgruntled party spreads false information about your products, services, or business practices.
- Community and social settings — Someone makes false claims about you to neighbors, community members, or within professional organizations.
- Verbal statements with witnesses — False statements made in meetings, phone calls, or public gatherings where others were present to hear them.
Before sending a slander cease and desist letter, it is important to understand the risks of sending a cease and desist. In some situations, a cease and desist can backfire legally if the claims are not well-founded.
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[DATE]
[OFFENDING COMPANY]
Attn: Mr. John Doe
[STREET ADDRESS]
[CITY][STATE][ZIP]Re: False and defamatory statements made by [OFFENDING COMPANY] to [CLIENT] regarding [SITUATION]
Dear Mr. Doe:
We represent [CLIENT] in connection with the above-referenced matter. [OFFENDING COMPANY], its directors, officers, agents, employees and assigns (collectively, “John Doe”) are hereby warned and notified to CEASE AND DESIST making false and defamatory statements regarding [CLIENT] and its ongoing matters with John Doe.
It has come to our attention that false statements were made by John Doe. [SITUATION IN WHICH SLANDER OCCURRED].
The statements made by John Doe regarding [CLIENT] are false, defamatory, constitute tortious interference with business, and as such, are actionable under Minnesota law.
If our client is forced to commence a lawsuit against John Doe in order to stop continued false and defamatory statements, be advised that we will seek recovery of all attorneys’ fees and costs incurred herein as a result. While we certainly hope this is not necessary, we are prepared to pursue whatever avenues are necessary on behalf of our client to stop the continued false and defamatory statements made against [CLIENT] by John Doe.
Sincerely,
[ATTORNEY]
[LAW FIRM]
cc: [CLIENT]
Tips for Sending a Slander Cease and Desist Letter
A cease and desist letter is most effective when supported by evidence and delivered thoughtfully:
- Document the statements — Write down exactly what was said, when, where, and who was present. If possible, obtain written confirmation from witnesses.
- Preserve evidence — If the statements were made in voicemails, recorded meetings, or were later referenced in writing (texts, emails), preserve those records.
- Identify your damages — Be prepared to articulate how the false statements have harmed you — lost business, damaged professional relationships, emotional distress.
- Send via certified mail — This creates a record that the recipient received the letter, which can be important if litigation follows.
- Consult an attorney — An experienced defamation attorney can evaluate whether your claim has merit, help you avoid common pitfalls, and draft a letter that carries greater weight.
Click here for more cease and desist letter templates.
Frequently Asked Questions
What is the difference between slander and defamation?
Defamation is the broader legal term for false statements that harm someone’s reputation. Slander is a specific type of defamation involving spoken false statements. Libel, the other type of defamation, involves written or published false statements. Both are actionable under the law, but the evidentiary requirements and available damages may differ.
Can I sue for slander without sending a cease and desist first?
Yes. There is generally no legal requirement to send a cease and desist letter before filing a slander lawsuit. However, a cease and desist letter can sometimes resolve the matter without litigation, establish a paper trail, and demonstrate good faith. For more on this topic, see Should You Send a Cease and Desist Before Starting a Lawsuit?
What damages can I recover for slander?
Depending on the jurisdiction and circumstances, you may be able to recover compensatory damages (for lost income, lost business opportunities, and emotional distress), special damages (specific financial losses you can prove), and in some cases, punitive damages if the speaker acted with malice. In slander per se cases, damages may be presumed without proof of specific financial loss.
Is truth a defense to a slander claim?
Yes. Truth is an absolute defense to any defamation claim, including slander. If the statement in question is substantially true, a slander claim will not succeed regardless of how harmful the statement may be. This is why it is important to carefully evaluate the factual basis of your claim before sending a cease and desist letter.