Receiving a "cease and desist" letter from a lawyer can be stressful and sometimes confusing, and it's not always clear whether and how a person should respond. Hello, I am the owner of a small executive training firm. However, if there are damages, some sort of settlement payment may be negotiated between the parties to avoid litigation. Thanks. The police here are very slow to do anything. Yes, a cease and desist letter would be an appropriate first step in this situation. can they do this? Your attorney will review the letter and any related contracts or verbal agreements and advise you on the best next steps. However, if youre confident that the letters content is inaccurate or unenforceable, you can safely ignore a Cease and Desist Letter. Thank you in advance for your help. Under United States copyright law, [CLIENT NAME]s copyrights have been in effect since the date that [CLIENTS COPYRIGHTED WORK] was created. It has come to our attention that you have been copying [CLIENTS COPYRIGHTED WORK]. The cease and desist does not need to be sent in good faith. I have an established website (www.saratogamama.com) and an LLC with a DBA filed for SaratogaMama. If so, what is the cost involved in doing so? Now, theres nothing magic about it. My name is used for their gain. Additionally, he has put first and last names of employees on the site with false and libelous statements about them. Option 3: Have Someone Else Deliver The Letter. At this point, they can only contact you to notify you that 1) they are stopping collection efforts, or 2) they are going to sue you for the debt. Uncasville, CT 061382 . Are you just asking them to stop? A copy of each and every version of any software code You have developed or used to interact with the Facebook and Instagram websites and/or services. Any advice would sure help. Maybe its some other violation of the law. When someone tells you off privately with unfounded criticism, you can respond in kind or just walk away. Or maybe youre saying, You need to pay me some money to avoid getting sued. In other words, Im proposing a settlement here in addition to this letter that says cease and desist., Ive done these of all sorts, all these different types are examples where Ive worked with clients and they theyve asked for anything from, Please stop, to, Stop and pay $100,000 for the damages that youve already caused through your unlawful actions.. Electronics now play a part of this harassment & other residents play a key into its secrecy. I used to own a website domain for my restaurant, which I had bought from Godaddy. I am a freelance video editor. Cease and Desist letters are the demands that are used to stop defamation that is caused by others. It really should come from an attorney. CLICK HERE TO DOWNLOAD cease-and-desist-demand.doc. Legal rights to assign or sell legal rights to use the product to others. a website has published private information about me, and is offering access to more in depth information about me for a fee. If they do not halt the illegal actions that infringe on your trademark, you always have the option to follow up on your legal threat and file a lawsuit against them. You should be able to recognize exactly who is responsible for the actions. To answer your question, it might help to provide an overview of the effect of a cease and desist letter. The commercial use of someones image is a tricky area of law. When writing the letter, you must be clear about two things: There are several options to assist you in putting together a Cease and Desist Letter: While you dont need to be an attorney or expert to write and send a Cease and Desist Letter, hiring a lawyer can be especially beneficial if your case is complicated. the advise me that collection activity will continue but because of that conversation with the employer and their manager did not go well. Now a company called Takhar Collection Group is harassing me and calling me, threatening me for this BMG company and I did not order the CD. Since cutting ties, the band has also started using a rough draft of my logo the designer did for me when turning it into a vectored image. Is this copy write temple applicable for that? About a year ago I started a graphic design business with a partner, and it has since become successful. Ive recently found out that a website has been posting my information and most importantly my image without my permission. Help! I recently filed a FLSA / Wrongful termination lawsuit against my former employer. A cease and desist letter is an appropriate first step. A cease and desist letter is just what it sounds like a letter. You do not need to name or out your sources in your cease and desist letter. Well, one common mistake is kind of a one size fits all template. Some things on the report speak of my mental and physical health, make purposely untrue statements about me and basically will turn off any potential employers from giving me a job. Cease and desist letters typically threaten the person or entity to whom they are sent with legal action if they do not stop a specified activity. [FIRM CITY, STATE, ZIP] He said he never allows a trade to get out of hand and would rather take a small loss and move on to the next trade. I do not live in Minnesota, but I am interested and finding out more information on a cease and desist order and how it pertains to non-pornographic images of a minor? A cease and desist letter can be an effective tool that you can use to stop a debt collector from calling you and/or visiting your home. This will provide you with peace of mind and allow you to gather evidence against the offending party if you eventually take legal action. That's why you'll do best to hire an attorney if you go this route. In many situations, a cease-and-desist letter is an appropriate first step when you want to ask someone to stop engaging in an activity that violates your rights. Penalties for violating a cease and desist order may include: Courts and government agencies typically issue a cease and desist order in response to a lawsuit or other legal filing. They also may not know that their mark or logo has caused or is causing brand confusion with your trademark. These are typical examples where you want to send a cease and desist letter. Still, its better to respond with a letter explaining your position and your reason for non-compliance. Warning: You should not use this cease and desist letter without consulting first with an attorney to ensure that it complies with the law in your jurisdiction. Etc . A debt collection Cease and Desist Letter typically includes information related to the Fair Debt Collection Practices Act (FDCPA), also known as 15 USC 1692. Pursuant to Title 17 of the United States Code, John Doe ..He assured me that safeguards were in place to protect against large losses. Second, it may show bad faith as opposed to good faith. These are criminal issues & police do not intercede. It doesn't mean a cease and desist letter is unlawful. Or is the norm to be satisfied the infringement work has been taken off a website? The thing is the website says I still owe money and the girl I talked to knows this so she made a note about it. Really, a cease and desist letter should state the type of illegal activity thats occurring, the reason its illegal, so the contract or the law that establishes its illegal, and then where do we go from here? Is that kind of like medicine where a doctor makes an educated guess, fucks things up, and keeps billing the client until the IRS seizes their assets or they die? Is the art of law just writing letters, filing briefs, and court stuff? If your criticism is about the business, the cease and desist letter sounds in unfair and misleading practices to the extent that the business is trying to conceal from the public some inconvenient information that you as actual or potential customer possess. Harder of the firm Harder Mirell & Abrams LLP sent the cease and desist letter Wednesday night after excerpts from Wolff's book Fire and Fury: Inside the. Am I crazy or is this a valid case to peruse? Not just stating the legal doctrine, but also giving some examples of whats occurred. Send a certified letter with RRR. Download a blank template and fill on your own. This written notice requests that an individual or business stop some action that infringes on your rights. Hi Aaron, Can you tell me what are California laws on this? I am in need of some legal advice as far as a cease and desist letter goes. As she is in the US and the offending company is in Canada, what recourse does she have at this point? You have basically three legal choices: file a lawsuit, seek a protective order or write a cease and desist order. When I was out having dinner with my mother, he stole all my gold and diamond jewelry and refuses to give it back. The threat of legal action under this law, enacted in 1978, often has a powerful effect on debt collectors. The debt collector is harassing you and it is causing significant stress. Reply myeyeballhurts Additional comment actions of course, gram was the one who asked if there was anything we could do Reply Hysterymystery Additional comment actions We have copies of your unlawful copies to preserve as evidence. Aaron; my sister has accused me and my deceased Father of sexual abuse which allegedly occurred 50 years ago, she never me about this allegation until 4 years ago, she recently told her Son, my nephew, who told his wife who told, on and on, I vehemently deny this ridiculous allegation, however, I am a public figure and Im afraid my reputation has been damaged as well as my relationship with some members of my family; can I send a cease and desist letter? New neighbor next door bangs on outside walls, runs around house, had intestines & other organs placed @ front door. Thus, the question is whether you or the competitor used your business name in commerce first. If you get sued for a debt use SoloSuit to respond in 15 minutes and win your case. The problem is that they never send a product and it is a clear fraud. What are they? This is essentially an attempt to stop libel and slander without going to court. If you are losing business or your job because of the lies, securing a lawyer may be the best alternative. Under 17 U.S.C. A cease and desist may be used if someone is infringing, or illegally using, your copyright or trademark. I cannot afford to hire an attorney, so I have drafted one myself, based on online templates. A cease-and-desist order is a temporary injunction by an administrative agency that requires a specific party to stop certain specified practices. Your situation is more complex than can be handled on a blog. CEASE AND DESIST DEMAND VIA EMAIL TO support@infopathy.com Anton Fedorenko . You write and send this letter to the person spreading lies about you or threatening to do so. Please be so kind to respond to my email address. A good cease and desist letter should not be motivated by personal feeling or written in the heat of passion. How can I stop them from ruining my professional name with such lies? Id like to know if I can issue a C&D to a co-worker who has been hostile and is a workplace bully. Technically they do not have there name or business registered in the state and my company IS registered under that name. You have the right to ask a creditor to stop contacting you even if you owe the debt. Yes, a cease and desist letter is an appropriate way to handle inaccurate information posted on a website. The letter, shared by Twitter account Swig, was sent by law firm Troutman Pepper Hamilton Sanders, and states that the "firm represents a large group of significant donors to Project Veritas." Ill address these issues coming up. While certified mail is the best option, you can also serve the letter via email, through an attorney, or have it delivered in person. So far she has located at least 10 of her songs on the site. 88.99.26.219 If you know someone who lives near the person you need to serve, you can ask them to deliver the Cease and Desist letter for you. An ex-employee of has published posts on a industry related web site stating that one of the partners has false credentials, that we are conducting illegal activities. A Cease and Desist Letter, also known as a demand letter, is not a legal document but rather an attempt to avoid legal action by getting ahead of the problem. I went to the girl in charge and she took some of the charges away and I paid what we agreed on. A cease and desist letter, also known as a demand letter or a C&D, is a letter formally requesting that an individual or entity stop a specified action and refrain from repeating the action in future, under the threat of litigation if the recipient does not comply.. I am looking for an attorney in the Albany NY area (unless an out of town attorney can) to send a cease and desist letter to a group of people that have already sent a slanderous letter about my son to many residents in our area as well as made verbal false statements and allegations.