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A defamation cease and desist letter is a written notice that tells a person to stop making false statements that harm your reputation or your business. You describe the statements, say what you want the person to do, and sign the letter. Use our free template to answer a few questions, then download, print and send the finished document.
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This letter demands that the person who made false statements about you stop making them right away. For other situations you can start from a general cease and desist letter template, while this version is built for false statements that hurt a person or a business.
It should mention the details of the false statements made by the recipient and tell the offending party that legal action will be taken if they continue. A cease and desist letter is also known as a violation letter, demand letter, or takedown letter.
The letter is a formal way to put your concerns in writing before anything goes further. It gives the other person a clear picture of what was said, why you say it is false and what you would like them to do about it. Many people send one as a first step, since it puts your concerns on record and gives the other person a chance to respond before anything else happens.
A defamation letter usually does four things:
If someone’s reputation is hurt by a defamatory statement made by the offending party, they can sue them for defamation. However, litigation can be costly and time-consuming for the offender. Attorneys’ fee, court costs, and the risk of losing the case may persuade the offending party to stop making statements that cause harm to the reputation of an individual or company.
Keep the tone of the letter firm and factual, and match it to how serious the harm is. A cease and desist letter is an effective way to deal with a defamation dispute without involving the court. The sender can also save a drastic amount of time and money that may be involved in court proceedings.
According to the law, if a person makes a false statement claiming something regarding another person or business entity, and if that false statement causes harm to the reputation of the other party, it is known as defamation. Generally, defamation can be classified as libel or slander. The law regarding defamation may vary in different states, but the main types of defamation include:
Here the defamation is not apparent on the face of it and the plaintiff has to prove actual damages.
Here the defamation is widespread, damages are presumed and the plaintiff may not be required to prove special damages. It includes four subcategories:
Libel includes written false statements that may be made by a person in a newspaper, magazine, online website, or any other platform that may cause harm to an individual’s reputation. Any false statement that is written and published and causes harm to a person’s reputation shall fall under libel.
Slander includes false statements made by a person verbally, for example statements on television, radio, or any other public avenue that may damage an individual’s reputation.
The suffering person or business entity can seek compensation from the offender by filing a civil defamation claim. After a review of the case, the court may ask the offender to pay damages to the plaintiff and may also issue a cease and desist order.
The tedious process of hiring an attorney and going through the court proceedings may be avoided by simply issuing a cease and desist letter to the offending party.
A letter like this has a few clear parts, and each part has a job. Here is a quick look at all six before we go through each one. Cease and desist letters for defamation, libel, or slander will include the following information:
The document will include the sender’s full name or the name of the business or company, along with contact information.
The document will also include the recipient’s full name or business name and mailing address.
The document should describe the false statements made by the recipient, whether they were spoken or written. This section should also specify the date and place of the false statement made by the recipient. For instance, if the comments were published in an online article, the letter should name the website and say when the article was published.
The document should explain how the false statements made by the recipient have caused damage to the sender’s reputation, business, or profession. It should explain how the offender is responsible for the legal injury caused to the sender.
The document should also specify the sender’s demands. It should state that the sender will file a civil defamation lawsuit against the recipient if they do not stop making and retract the false statement. Other demands may include tendering a written apology and correcting the false information.
Finally, the document should provide a deadline to the recipient to comply with the sender’s demands. The specified time period or date will be the last opportunity provided to the sender to take corrective action. If the sender does not receive a response from the recipient during this time, they may initiate legal action against the recipient.
Fill out the letter in seven steps. Each step matches one part of the document, from the names at the top to the sender’s name at the end. Have the facts, the timing and the exact words of the false statements ready before you start.
Here is a completed sample of the template. Use it to see how the parts fit together, then replace every sample detail with your own. Describe only what actually happened.
From: Mr. John Hill
[Street Address]
[City][State][Zip]
Date: 06.14.2020
By: ☐ Certified Mail ☐ Email ☐ Other
To: Mr. Phil Smith
[Street Address]
[City][State][Zip]
Re: Cease and Desist for Defamation
Dear Mr. Smith,
This letter serves as a formal notice to you to immediately cease and desist from making defamatory statements(s) about me.
You have made the following statement(s) made in the Daily Newspaper which is/are untrue and/or misleading:
“Mr. John Hill is a man of questionable character who has deceived several of his clients by providing subpar raw material to them.”
The false statement(s) is unfounded for the following reasons:
I have always provided the promised quality of raw material to my clients and have never deceived them. You have not provided evidence to support your claim. Your written statement has questioned my character and has caused harm to my business reputation among my clients.
In light of the foregoing, I am prepared to file a civil lawsuit against you, seeking:
Notwithstanding the foregoing, I will allow you time to make amends for your wrongdoing. You now have 10 days to acknowledge receipt of this letter and undertake to remove all defamatory statement(s) from the Daily Newspaper as well as publish an apology.
This is my final notice to you before I take legal action against you. It is in your best interest to give your utmost attention to this matter.
Sincerely,
Mr. John Hill
Take a few minutes to check the letter before it goes out. A clear, accurate letter is easier for the recipient to understand, and it gives you a clean record if you need to look back at it.
A cease and desist letter works best when it is specific, calm and easy to follow. These common mistakes can weaken it, so check your draft against the list before you send it.
A cease and desist letter is one of several ways to respond when someone spreads false statements about you. Depending on your situation, you may want to combine it with other steps, or try a different approach first. Each option below has its own benefits, so think about what you want to achieve before you choose. Common options include:
Many websites, social media platforms and review sites offer a report form for content that is false or harmful. Reporting the statement to the platform can be a quick way to stop the behavior and have it taken down, especially when the person who posted it is hard to reach.
Sometimes a polite message is enough. The person may not realize that the statement is false or that it has caused real harm, and a short note with the facts can lead to a correction or an apology without any formal dispute.
If the statements are serious, spread widely or keep coming back, an attorney can explain your legal options and help you decide on the next step. A lawyer can also review the letter before you send it, so that the wording fits your situation and your goals.
Keep the proof of delivery with your copy of the letter. Write down when you sent it and when you asked for a response. Save any reply you receive, whether it is an apology, a denial or no answer at all.
If the statements stay up or continue after that time, write down each new instance and when it happened, and keep your proof. Then talk with an attorney about your options.
Stay patient while you wait for a response. Give them the full time you allowed, and avoid sending several follow-up messages in the meantime, since a single, clear cease and desist letter with a record of delivery is easier to rely on later. If the recipient agrees to stop and takes down the statements, check that the content is really gone and save proof of the change.
Gather the items listed below before you start. Having them in one place makes each step quicker, and it helps you describe the false statements in the letter correctly and completely.
It means stop and do not do it again. In this letter, it tells the recipient to stop making the false statements and not to repeat them.
Quote it word for word and say where and when it appeared. Then explain in plain words why it is untrue and how it hurt you.
Use it as a guide for the wording and the layout. Replace every detail in the sample, such as the people, the newspaper and the statement, with your own facts.
Send it in a way that records delivery, such as certified mail with a return receipt, and keep it with your copy. If you also send it by email, save the sent message.
Write down each new instance and when it happened, and keep your proof. Then talk with an attorney about your next steps.
No letter can guarantee a result. A clear and specific letter gives the recipient a good reason to stop, but some people will ignore it. In that case, keep your records and ask an attorney about your legal options.
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General information, not legal or tax advice.
