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When it comes to legal matters, there are many terms and phrases that can be confusing. This is especially true with similar terms.
Two such terms are “Cease and Desist letter” and “Cease and Desist order.” They are often used interchangeably, but they have very different meanings.
So, what is the difference?
This post will provide an overview of both the Cease and Desist letter and a Cease and Desist order, who can write/issue them, and their key differences.
Let’s get started.
What is a Cease and Desist Letter?
A Cease and Desist letter is a formal request that a person or company stop a specific action. The letter will typically outline how the recipient is harming the other party and request that they immediately stop their behavior. It often includes a threat of further legal action if the request is ignored.
Cease and desist letters are often used in situations where some harassment, defamation, or copyright infringement occurs. For example, if debt collectors are harassing you, you could send them a Cease and Desist letter asking them to stop contacting you lest you pursue legal action.
Who Can Write a Cease and Desist Letter?
There are no rules or restrictions regarding Cease and Desist letters. Anyone can write one. However, there are a few common ways these are created:
Written by the individual (or company)
For some basic interpersonal or less serious disputes, a Cease and Desist letter may be written directly by the person or company that feels they have been wronged. Writing the letter yourself is a low-cost option and can be effective in certain situations.
If you want to learn more about writing your own letter, check out our helpful guide.
Written by a freelancer
If you are unsure how to word your request or if writing formal letters isn’t your strong suit, you can hire a freelancer to write the letter on your behalf. This is typically an inexpensive way to get a polished letter written. But remember, you get what you pay for. Twenty bucks on Fiverr isn’t going to generate quality.
Written by a lawyer
You may want to engage an attorney or law firm to write the letter for more serious issues. This is often the best option for serious issues, as lawyers know the proper way to get results. Plus, if the matter escalates, you already have a relationship with a lawyer who can represent you.
Are Cease and Desist Letters Legally Binding?
The simple answer is no. Cease and Desist letters are not legally binding documents. They are simply requests for the other party to stop their actions.
However, these letters can sometimes be considered “threats” under the law.
For example, if a Cease and Desist letter threatens legal action but doesn’t have any factual basis, it could be considered a threat or harassment. These types of letters are generally not looked upon favorably by courts and should be avoided.
When is a Cease and Desist Letter Appropriate?
Cease and Desist letters are appropriate in many situations, but some common examples include:
Harassment
If you are being harassed by someone, whether it’s a debt collector, an ex, or anyone else, you can send them a Cease and Desist letter asking them to stop the offending behavior or face legal repercussions.
Defamation
If someone has made false and damaging statements about you, you can send them a Cease and Desist letter asking them to retract their statements. This typically refers to either slander (spoken defamation) or libel (recorded defamation, such as on video, print, or social media).
Intellectual Property Infringement
Intellectual property infringement typically takes on three forms: Copyright infringement, Patent infringement, or Trademark infringement. In either of these situations, a Cease and Desist letter can help you get the offending party to stop their infringement without having to take them to court.
Property Disputes
If you have a neighbor who is constantly trespassing on your property or doing something that is otherwise bothering you, a Cease and Desist letter can request that they stop their actions.
What is a Cease and Desist Order?
Cease and Desist orders are court orders that require the person or company to stop their actions immediately. This is different from a Cease and Desist letter in that it is issued by an individual or company.
In nearly all cases, a Cease and Desist order is the outcome of court proceedings and is legally enforceable. There are often stiff penalties if ignored or circumvented.
Who Issues a Cease and Desist Order?
There are several different agencies that can issue a Cease and Desist order, but some common examples include:
- The FTC
- The SEC
- State Attorneys General
- Local / City Governments
- Courts
These are just examples from the United States. Other countries have similar agencies and rules for when a Cease and Cesist order can be issued.
When is a Cease and Desist Order Issued?
A Cease and Desist order is not used to solve interpersonal or corporate disputes unless a court is directly involved.
Instead, an order is issued to stop the behavior that breaks a law or regulation. Some examples include:
Environmental Abuse
If a company is illegally dumping toxic waste, a Cease and Desist order can be issued to make them stop immediately. In the United States, an order like this would come from an organization like the Environmental Protection Agency (EPA).
Fraudulent Behavior
If a company is engaged in fraudulent behavior, such as securities fraud, a Cease and Desist order can be issued to put an immediate stop to it. In this case, an agency like the Security and Exchange Commission (SEC) would issue the order.
Ponzi Schemes
If someone runs a Ponzi scheme, a Cease and Desist order can be issued to shut it down immediately. This type of order would come from an organization like the SEC or Federal Trade Commission (FTC).
Now that we’ve looked at both the letter and the order let’s examine their fundamental differences.
Cease and Desist Letter vs. a Cease and Desist Order: The Key Differences
The key differences between a Cease and Desist letter and order are:
Purpose
A Cease and Desist letter demands that a person or company stop their behavior, while a Cease and Desist order is a legally binding directive to stop.
A Cease and Desist letter can be sent by anyone, while an order must be issued by a court or other government / regulatory agency.
Issuing Party
A Cease and Desist letter is typically sent by an individual or company, while an order is issued by a court or other regulatory / government agency.
Timing
A Cease and Desist letter typically precedes legal action, while an order is usually the result of legal action. Said another way, a letter typically suggests (or threatens) legal action, while an order is the outcome of that legal action.
Consequences
A Cease and Desist letter has no legal consequences and is not legally binding. However, if ignored, a Cease and Desist order can result in fines or other legal penalties (such as a temporary injunction or permanent injunction).
Summary
A Cease and Desist letter is a request for someone to stop their behavior, while a Cease and Desist order is a legally binding directive to stop.
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Wes Talisman is a freelance journalist who helps answer common legal questions for everyday people. He’s never won a Pulitzer Prize, but he does write a stellar Cease and Desist letter.