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A cease and desist letter is a demand to stop harmful conduct. It names the activity, gives a response date, and warns of legal action if the activity continues. Our free template, guide and sample help people and businesses facing harassment, infringement or defamation.
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Anyone whose legal rights have been violated can write a cease and desist letter and send it to the offending party. However, it’s recommended to consult the state law and attorney on whether there are reasonable grounds for your letter.
Send a cease and desist letter when someone keeps doing something that harms you or your business, such as copying your work, spreading false claims, or harassing you. The words “cease” and “desist” mean “stop” and “refrain,” so the letter asks for both: stop now and do not start again.
The table matches common situations to the letter type and our template for each one.
| Letter type | What it asks the recipient to stop | Template |
|---|---|---|
| Copyright | Using your photos, writing, music or other creative work without permission | Copyright letter |
| Trademark | Using your brand name or logo, or one confusingly close to it | Trademark letter |
| Defamation | Spreading false statements that damage your reputation | Defamation letter |
| Harassment | Repeated unwanted calls, messages, visits or threats | Harassment letter |
| Debt collection | Calls and letters from a collector about a debt | Debt collectors letter |
| Breach of contract | Acting against the terms of an agreement you both signed | Breach of contract letter |
A copyright or trademark cease and desist letter tells the recipient that they are using your creative work, brand name or invention without your permission and asks them to stop. Before you send it, check two things: that you can show the work or mark is yours, and that you can show how the recipient uses it.
For a trademark, note its registration number. In a court case, a mark registered on the federal principal register is prima facie evidence of the owner's ownership and exclusive right to use it for the goods or services the registration names, though the other side can still prove a defense (15 U.S.C. § 1115(a)). For a patent, give the patent number.For a copyright you never registered, gather proof that you created the original work, such as dated drafts, original source material or a copyright notice. Then add screenshots or copies that show the infringing use.
You can send the letter before you register, but under 17 U.S.C. § 411(a) a lawsuit for infringement of a United States work can be filed only after the work has been preregistered or registered with the Copyright Office, or after registration has been refused.
A defamation cease and desist letter asks the recipient to stop spreading false statements about you or your business and, where it fits, to take down or correct what they published. Defamation can be verbal, also known as slander, and written, also known as libel.
Attach your proof of the statements, such as screenshots, links, or audio and video clips. You may also ask the recipient to correct the false information publicly, not only to reply to you.
A harassment cease and desist letter asks a person or company to stop unwanted contact, such as repeated calls, messages, visits or threats. List the dates and the kind of contact so the recipient knows exactly what has to stop.
A debt collectors cease and desist letter tells a debt collector in writing to stop contacting you, whether or not you owe the debt. Under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692c(c), once the collector gets that written notice it may contact you about the debt again only to say its efforts are ending or to tell you of a specified remedy, such as a lawsuit, that it or the creditor may use or intends to use. This rule binds a debt collector as 15 U.S.C. § 1692a(6) defines it: a business whose principal purpose is collecting debts, or anyone who regularly collects debts owed to another, such as a collection agency. The original creditor collecting its own debt in its own name is generally outside that term, so the federal rule does not bind it. The letter does not cancel a debt you owe. It can also come in handy if you owe the debt, but the statute of limitations (maximum amount of time collectors have to initiate a lawsuit) has expired.
If you think the debt is not yours, dispute it in writing instead: under 15 U.S.C. § 1692g(b), if you dispute the debt in writing within the thirty-day period after the collector's written notice of the debt, the collector stops collecting it until it mails you verification of the debt.
A breach of contract cease and desist letter asks the other party to stop acting against an agreement you both signed. A business often sends one to a former employee who shares confidential information or contacts its clients against the terms of their agreement. Quote the clause that the recipient is breaking and describe what they did.
Use a cease and desist letter as a formal warning before legal action: collect proof, write the letter, send it in a way you can prove, then wait for an answer and decide your next step.
Collect the evidence
Gather proof of the activity before you write. Depending on the situation, that can be screenshots, photos, emails, call logs, audio or video. Clear proof leaves the recipient little room to deny what they did.
Write the letter
Put the facts and your proof into a standard business letter. Keep the tone serious and firm, and make the warning clear: some recipients do not know that the letter is a last warning before legal action.
Send your letter
After preparing your letter, you should send it to the offending party. It’s highly recommended to use certified or registered mail with the return receipt. That’s how you will have the record of the delivered document and use it to prove that the individual has received but ignored the letter.
Wait for the response
Give the recipient until the response date in your letter. It’s possible to specify the deadline, but since a cease and desist letter is not a legally binding document, the recipient may not respond in time. If you are the one who received a letter, see our response to a cease and desist letter.
Negotiate or go to court
If the other party responds to your letter and complies with your demand, you can negotiate the damage compensation and settle everything without court involvement. If they do not reply to your letter and continue unwelcome action, you should provide legal proceedings. In this case, a court or government agency can issue a temporary or permanent order prohibiting certain activities.
Keep a copy of the signed letter, the mailing receipt, and your evidence together in one folder. Everything stays easy to find if the other party replies.
A cease and desist letter template has six parts: the letter type, the sender, the activity to stop, the consequences, a response date, and a signature. Fill them in order, then compare your letter with the sample below.
A cease and desist letter uses a standard business letter format and is best kept to a single page. Keep these points in mind:
Write in plain words and a calm, firm tone. Leave out insults and guesses about the recipient’s motives, because the letter may later be read by the other side’s attorney.
A cease and desist letter sample shows how the parts fit on one page: the sender and recipient details, the activity to stop, a response date with a written assurance, and a closing warning with a signature. Replace the example names, addresses, dates and activity with your own details.
From: John Smith
Company A, LLC
15 Business Str.
Stamford, CT 06905
January 21, 2021
To: Chris Douglas
15 Fine Str.
Stamford, CT 06905
Re: Cease and Desist Demand to Stop a Specific Activity
I am writing on behalf of my organization regarding your illegal Activity. You are hereby notified to immediately cease and desist any further Activity relating to my business and me.
You are also requested to return within 10 business days the signed written assurance affirming that you will cease and refrain from any further Activity. You will not receive another warning.
If you do not respond to this cease and desist notice and continue the Activity, we will have to pursue legal action against you.
Sincerely,
John Smith
(signature)
For a harassment letter, the “Activity” paragraph lists each unwanted call, message or visit by date. For a former employee, it names the agreement and the clause they are breaking.
A cease and desist letter is not legally enforceable, but it’s an official letter and should be taken seriously. One exception is debt collection: under 15 U.S.C. § 1692c(c), a written notice telling a third-party debt collector (not the original creditor collecting its own debt) to stop contacting you binds the collector, which may then write only to say its efforts are ending or to give notice of a specified remedy. It’s a formal document that warns about possible legal actions but gives a possibility to settle things down without court involvement. However, if the recipient ignores the letter, the sender may file a lawsuit and ask the court for an injunction or a temporary restraining order; in federal court, Fed. R. Civ. P. 65 governs both.
A court or government agency can issue a cease and desist order. While a cease and desist letter serves as a warning notice to an individual or business, a cease and desist order must be complied with. A cease and desist order can be issued temporarily or permanently.
Anyone whose legal rights have been violated can write a cease and desist letter and send it to the offending party. You may decide to prepare it without an attorney. Our template walks you through each part, and an attorney can review your grounds before you send it.
Send it by certified mail with a return receipt, and keep the receipt with your copy. If you also send it by email, save the sent message.
Read the letter closely, compare its claims with the facts and your own proof, and answer in writing by the date it gives. Our response to a cease and desist letter template helps you reply.
Answer the builder’s questions about you, the recipient and the activity, and the letter fills in from your answers. Save your progress, finish on any device, then download and print it.
General information, not legal or tax advice.
