If you have received a cease and desist letter, you are probably feeling a mix of anxiety and confusion. Attorney Aaron Hall explains what a cease and desist letter actually is, whether you are legally required to obey it, and what you should consider before deciding how to respond.
In this video, you will get answers to these questions:
- Do I have to obey a cease and desist letter?
- What is a cease and desist letter?
- What should I do if I receive a cease and desist letter?
Key Takeaways
- A cease and desist letter is just a letter. It is not a court order. It does not carry the force of law. No one can be arrested, fined, or held in contempt for ignoring one.
- Whether to obey depends on whether your conduct is legal or illegal. If the letter tells you to stop doing something that is actually against the law, you should stop. If it tells you to stop doing something you are legally entitled to do, you have no obligation to comply.
- The letter signals that the sender is serious. They have hired an attorney and are likely considering legal action. A cease and desist is often the first step before a lawsuit.
- Ignoring a legitimate C&D can convert good faith to bad faith. Once you are on notice that your conduct may violate someone’s rights, continuing that conduct can increase your legal exposure.
- A frivolous lawsuit is still a lawsuit. Even if the C&D demands you stop something perfectly legal, you could still be sued — and you would need to defend yourself, even if the case is ultimately dismissed.
Common Types of Cease and Desist Letters
Not all cease and desist letters are alike. The type of letter you receive affects how seriously you should take it and what kind of attorney you may need to consult:
- Trademark or copyright infringement — The most common type. A business or individual claims you are using their intellectual property without permission. These letters often come from law firms with specific legal citations.
- Defamation (slander or libel) — Someone claims you made false statements that damaged their reputation. These letters may demand a retraction or public apology in addition to stopping the statements. See Defamation Cease and Desist Template.
- Harassment or intimidation — The sender alleges a pattern of unwelcome contact or threatening behavior. These may be sent by individuals or employers. See Harassment Cease and Desist Template.
- Breach of contract — A business partner, employer, or vendor claims you are violating terms of a written agreement, such as a non-compete, non-solicitation, or confidentiality clause. See Breach of Contract Cease and Desist Template.
- Debt collection — A creditor or collection agency demands payment. Under the Fair Debt Collection Practices Act (FDCPA), you have the right to send your own cease and desist letter to stop collection calls. See Collection Agency Cease and Desist Template.
First Steps After Receiving a Cease and Desist
- Read the entire letter carefully. Identify exactly what conduct the sender wants you to stop, what legal claims they are making, and whether they have set a deadline for your response.
- Do not respond immediately. Avoid the temptation to fire off an angry reply or make admissions. Anything you write can be used against you later.
- Preserve the letter and any related documents. Keep the original letter, the envelope, and any evidence related to the allegations. Do not delete emails, texts, or social media posts that might be relevant.
- Assess the source. A letter from a well-known law firm on behalf of a large company carries different weight than a letter from an individual with no attorney. Both deserve attention, but the level of urgency differs.
- Consult an attorney. An experienced attorney can quickly evaluate whether the claims have merit and advise you on the best course of action — whether that is complying, negotiating, or ignoring the letter.
For a detailed legal analysis of when to obey and when to ignore a cease and desist, see Do I Have to Obey a Cease and Desist Letter? Legal Analysis.
When You Need a Lawyer
You do not necessarily need a lawyer for every cease and desist letter, but you should seriously consider consulting one if:
- The letter comes from a law firm — This indicates the sender has invested money and may be prepared to litigate.
- You are unsure whether the claims have merit — An attorney can quickly assess whether you are actually infringing or violating a law.
- Significant money is at stake — If the letter threatens a lawsuit seeking substantial damages, the cost of a legal consultation is small by comparison.
- It involves your business — Cease and desist letters targeting business operations can affect employees, customers, and vendors beyond just you.
- You want to respond — A poorly worded response can make your situation worse. An attorney can craft a response that protects your interests without making inadmissible concessions.
For more on the risks of mishandling a cease and desist, see Cease and Desist Letter Risks.
Video Transcript
Do I have to obey a cease and desist letter? That’s the question I’m answering today. I’m Aaron Hall, a business attorney in Minnesota. Let’s imagine you received a cease and desist letter. It’s pretty scary. It’s pretty intimidating. Usually, it’s written by an attorney on law firm letterhead and it’s telling you to stop doing something.
The first question is whether what you’re doing is legal or illegal. A cease and desist letter generally is only used when conduct is illegal. If it’s legal, you’re permitted to continue to do it, so they can’t tell you or they have no legal basis to tell you to stop doing something. So usually when my clients contact me and they say, “Hey, I want to send a cease and desist letter, the other side is doing something,” my first question is, is what they’re doing legal or illegal? Now, as an attorney, I can often look at a lot of the gray area of the law and figure out is there at least a basis to argue that what they’re doing is illegal. And if so, that’s probably enough of a reason to put it in a cease and desist letter.
So back to the question, do you have to obey it? Well, first off, this is no substitute for legal advice. 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. And you don’t have to obey the letter if it is directing you to stop doing something that is permissible, where there’s no law against it. So that’s the first question. Is there any legal reason you should stop? Now, if you are doing something illegal, you probably should stop because a cease and desist letter sends the message they’re serious, they’re about to take legal action. They’ve already spent money on an attorney. Look out. This is the first step typically to a lawsuit. A cease and desist letter is very commonly the first step before a lawsuit if a party doesn’t cease and desist illegal behavior.
But if your behavior is legal, there’s no law against it whatsoever, then this is just a letter asking you to do something that you don’t have to do. Keep in mind as a general rule, a cease and desist letter is just a letter. It’s written by an attorney who is paid by somebody to argue in favor of their position. It’s just a letter. It’s not a court order. It doesn’t come with the authority of government. Now, of course, it may be bringing your attention to the fact that your conduct is violating a law. That’s a different thing though. That’s the law coming to bear on your conduct, but keep in mind, a letter is just a letter and if you disregard a letter because it’s telling you to stop doing something that you’re legally entitled to do, that’s fine. There’s generally nothing they can do about it. I say generally because sometimes I’ve seen where when there is a cease and desist letter sent that tells somebody to stop doing something that they’re allowed to do, the next step is they get sued.
Now you might say that’s a frivolous lawsuit. You’re right, it is, but you still have to prove it. Now because it’s a frivolous lawsuit, it probably violates rule 11 of the rules of civil procedure. And thus the court could not only dismiss the case, but if the court determines that it’s frivolous and did violate rule 11, then the court can order that your attorney’s fees be reimbursed and even other penalties and sanctions. So my point is you might win in the end, but I can’t guarantee you won’t be faced with a frivolous lawsuit. That’s the nature of the world we live in.
If you’d like to learn more about this, you can see the links in the description below. They point to AaronHall.com, which is my website. I’m an attorney in Minneapolis, Minnesota. If you’d like more videos like this, feel free to subscribe. That way you’ll know when other videos come up of this sort of educational nature, typically for business owners. Thanks for joining me here today.
Frequently Asked Questions
What is a cease and desist letter?
A cease and desist letter is a written demand — usually from an attorney — asking you to stop a specific activity that the sender believes is illegal or violates their rights. It is not a court order and has no independent legal force, but it formally puts you on notice of the sender’s claims and often precedes a lawsuit if the dispute is not resolved.
How long do I have to respond to a cease and desist?
There is no universal deadline. Some letters specify a response deadline (often 10 to 30 days), while others do not. Even if no deadline is stated, you should not delay indefinitely — the sender may interpret silence as refusal and proceed with legal action. Consulting an attorney promptly allows you to evaluate the claims and determine the best timeline for your response.
Can I get in trouble for ignoring a cease and desist letter?
You cannot be fined, arrested, or held in contempt for ignoring a cease and desist letter — it is not a court order. However, the sender may file a lawsuit against you, and your failure to respond to the letter can be used as evidence that you were aware of the alleged violation and chose to continue. This can increase your legal exposure, particularly in intellectual property cases.
How much does it cost to have a lawyer review a cease and desist?
A consultation to review a cease and desist letter typically costs between $200 and $500, depending on the complexity of the claims and the attorney’s experience. Drafting a formal response will cost more — generally $500 to $2,000. Given that a lawsuit can cost tens of thousands of dollars, a legal consultation is a worthwhile investment when you receive a cease and desist letter.