Cease and Desist Letters: A Comprehensive Legal Guide
In business, reputation is everything. So when a competitor crosses the line, an online post spreads falsehoods, or confidential data finds its way into the wrong hands, the fallout can be swift and damaging.
In these moments, acting quickly and decisively is critical. That’s where a cease and desist letter comes in – a powerful and cost-effective way to assert your rights and demand immediate action – without jumping straight into litigation.
In this guide, we explore how cease and desist letters work, when and how to use them, and what to do if you receive one.
What is a cease and desist letter?
A cease and desist letter is a formal legal document sent to an individual or organisation to demand they immediately stop (cease) and refrain from continuing (desist) a certain activity.
It acts as a deterrent and a precursor to litigation – providing the recipient with an opportunity to remedy the situation before further legal steps are taken.
Often used to assert legal rights in a non-confrontational, cost-effective way, a cease and desist letter also establishes a clear paper trail in case the matter escalates to court. And, while not a court order, a well-drafted cease and desist letter can carry significant weight, particularly when issued by legal professionals.
Cease and Desist Letters vs Cease and Desist Orders
A cease and desist letter is a formal warning. It isn’t legally binding, but can be an effective way to stop harmful behaviour. If the issue isn’t resolved, and legal action follows, the result might be a court-issued cease and desist order (otherwise known as an injunction), which is legally enforceable.
Examples of cease and desist letters
Cease and desist letters are commonly used in situations involving defamation, harassment, intellectual property infringement, and contractual disputes.
Below are some notable instances where crease and desist letters have been employed:
Liz Truss’s cease and desist letter to Keir Starmer
In January 2025, former UK Prime Minister Liz Truss issued a cease and desist letter to Labour leader and Prime Minister Sir Keir Starmer, demanding he stop claiming she “crashed the economy.” Truss’s legal team argued these statements were defamatory and had caused significant harm to her reputation.
The New York Times’ cease and desist letter to Perplexity AI
The New York Times has issued a cease and desist letter to artificial intelligence startup Perplexity AI, demanding the company stop using content from the newspaper without authorisation. Perplexity AI, which is backed by Amazon, offers an AI-powered “answer engine” that generates summaries and other outputs, some of which allegedly used content from The New York Times. The newspaper asserted this usage violated copyright law.
Taylor Swift’s cease and desist letter to flight tracker
Taylor Swift’s legal team sent a cease and desist letter to Jack Sweeney, a college student who operated social media accounts tracking the private jet flights of celebrities, including Swift. The letter alleged Sweeney’s actions compromised Swift’s safety by potentially alerting stalkers to her location.
Gibson’s cease and desist letter to Trump Guitars
In November 2024, renowned guitar manufacturer Gibson sent a cease and desist letter to 16 Creative, the company behind Trump Guitars. Gibson alleged the guitars – endorsed by then President-elect Donald Trump – infringed upon its design trademarks, particularly its iconic Les Paul model. Trump Guitars subsequently made some changes to its models and its website.
What are the grounds for a cease and desist letter?
There are many legitimate reasons to issue a cease and desist letter. Below are some of the most common scenarios.
Cease and desist letter defamation
When a person or entity publishes false and damaging statements about your business, a cease and desist letter can demand the individual retract the statement, and refrain from making similar claims in future.
Cease and desist letters for defamation include:
- Cease and desist letter libel: Libel is written defamation, such as in emails or online posts. A cease and desist letter can help stop the damage and request a retraction or apology.
- Cease and desist letter slander: Slander is the spoken form of defamation. A cease and desist letter can put the individual on notice and support your position if the matter escalates.
Cease and desist letter harassment
If an individual or business is subjecting you or your employees to unwanted communications or conduct, a cease and desist letter can serve as a strong warning before you escalate to legal or police action.
For example:
- Cease and desist letter debt collection: If you are being harassed by a debt collection agency engaging in aggressive or unlawful behaviour, such as calling at unsociable hours or making threats, a cease and desist letter can demand they stop contacting you or follow legal debt collection protocols.
- Online stalking or harassment: If someone is repeatedly sending threatening messages, posting personal information, or harassing you or your staff online, a cease and desist letter can serve as a formal warning to stop. It can also help document the behaviour before involving law enforcement or seeking an injunction.
Cease and desist letter employment disputes
Cease and desist letters frequently feature in employment disputes. However, employment-related letters must be carefully drafted to avoid overstepping legal boundaries, particularly in light of whistleblowing or discrimination protections. Not least because misuse could give rise to tribunal claims.
Common examples include:
- Misuse of confidential information: If a former employee, contractor, or business partner has disclosed sensitive information in breach of a non-disclosure agreement (NDA) or contract, a cease and desist letter can demand they cease the disclosure and return any confidential materials.
- Restrictive covenants: Restrictive covenants, such as non-compete or non-solicitation clauses, are frequently included in employment contracts. If someone is in breach – for example, a former employee poaching your clients – a cease and desist letter can be an effective method of early enforcement.
Cease and desist letter business disputes
Commercial disputes between businesses are another key area where cease and desist letters are frequently used. These situations often arise where one party believes another has breached legal or contractual obligations in a way that causes economic or reputational harm.
For example:
- Intellectual property infringements: Copyright, trademark, and patent owners can use cease and desist letters to tackle unauthorised IP use – whether it’s a copied website, logo misuse, or pirated content.
- Breach of exclusivity clauses: If a business partner or supplier begins trading with a competitor in violation of an exclusivity agreement, a cease and desist letter can be issued to help enforce the terms of the contract and prevent further loss.
Cease and desist letters social media
The rise of social media has dramatically increased the visibility of defamatory, misleading, or infringing content. Cease and desist letters are now commonly used in digital disputes to:
- Request takedown of harmful posts, videos, or reviews
- Prevent further sharing of confidential or copyrighted content
- Demand retraction or correction of misinformation
The cease and desist letter may be directed at the individual user or the social platform (e.g. Facebook, X, LinkedIn etc). However, your cease and desist letter may not lead to action unless you clearly demonstrate why the content is unlawful or violates specific platform terms.
When is a cease and desist letter most effective?
- De-escalate disputes before court action: A well-drafted letter can open a channel for negotiation.
- Protect business interests swiftly: Especially when reputational harm or financial loss is immediate.
- Warn against repeat offences: For example, in cases of intellectual property theft or ongoing contractual breaches.
- Demonstrate reasonableness to courts: If the matter proceeds to litigation, sending a letter first shows that you attempted to resolve it amicably.
How to issue a cease and desist order
Only a judge can issue a cease and desist order, but anyone can issue a cease and desist letter. Nevertheless, issuing a cease and desist letter should be approached with care. The letter should be credible, legally accurate, and tailored to the specific facts of the case.
Engaging a solicitor early in the process ensures the letter is properly grounded in law, carefully worded to avoid unintended liability, and delivered with credibility. A solicitor can also advise on whether a letter is the most appropriate first step, helping businesses achieve the desired outcome without escalating unnecessarily.
Below is a step-by-step guide to issuing an effective cease and desist letter:
Identify the conduct to be stopped
Begin by clearly documenting the activity or behaviour you believe is unlawful, harmful, or in breach of a legal duty. This may involve gathering emails, screenshots, social media posts, or contracts.
Clarify your legal basis
Determine which legal rights or obligations are being infringed. This could be a contractual clause, an IP right (such as copyright or trademark), a tort (like defamation), or statutory provisions. The stronger your legal argument, the more effective the letter will be.
Consider your objectives
Ask yourself what you want to achieve. Is your goal to stop a behaviour, obtain an apology, recover damages, or start a formal negotiation? A cease and desist letter can be framed more or less aggressively depending on the circumstances.
Consider the wider context
Issuing a cease and desist letter can have reputational or strategic consequences. For example, sending one to a former employee may trigger a wider dispute. Always think through the implications before sending.
Draft the letter carefully
Your letter should be clear, legally grounded, and professionally written, setting out the conduct in question, your legal position, the action you are requesting, and a reasonable deadline for response.
Use appropriate tone and language
Avoid unnecessary threats. The letter should be firm but professional. Emotional or combative language can undermine your position.
Send through a reliable method
Delivery matters. Send your letter via recorded delivery or a secure and traceable email system. Maintain evidence of sending and receipt.
Retain records
Keep copies of the letter, the supporting documents, and any delivery confirmation. You may need these later if the matter escalates.
Monitor the response
If the recipient complies, confirm the resolution in writing. If they respond with a rebuttal or request clarification, assess this carefully. If ignored or escalated, consider whether you wish to proceed with a formal legal claim.
Using cease and desist letters as a scare tactic
Some parties use cease and desist letters to intimidate rather than protect legitimate rights. This can backfire legally and reputationally.
A baseless or overly aggressive letter can amount to legal bullying. You may be liable for costs or damages if you have no proper legal grounds. In some industries, misusing legal threats can breach professional conduct rules.
We always recommend businesses issue such letters only where they have a clear and supportable legal basis.
What to include in a cease and desist letter
- The sender’s name, business name (if applicable), and contact details
- The recipient’s name and address
- A concise yet thorough summary of the conduct in question, including when and how it occurred
- The legal basis for the demand (e.g. breach of contract, defamation, intellectual property infringement)
- A factual description of any evidence supporting your claim (attachments or links if relevant
- A clear and specific demand that the conduct stop immediately
- A timeframe for compliance (typically 7 to 14 days)
- The consequences if the demand is not met, such as legal proceedings
- A proposed remedy (e.g. a public apology, takedown of content, deletion of data)
- An invitation to contact your solicitor or legal representative if clarification is needed
- A reservation of rights clause to preserve your right to take further legal action
- A request for written confirmation of compliance
Should I be worried if I receive a cease and desist letter?
Receiving a cease and desist letter can feel intimidating, but it doesn’t always mean you have done something wrong. It does, however, mean someone believes you have.
You should never ignore the letter. Instead, seek legal advice promptly. An experienced solicitor can help you assess whether the allegations have merit, advise you on how to respond, and negotiate a resolution. In some cases, a carefully worded response or undertaking can resolve matters without further escalation.
What to do if you receive a cease and desist letter
Receiving a cease and desist letter can be unsettling, but a calm, informed response is key to protecting your interests. A solicitor can help you understand your rights and risks, assess whether the claims have merit, and determine the best course of action.
Here is a practical step-by-step approach to responding to a cease and desist letter:
Do not ignore it
Even if you believe the claims are unfounded, failure to acknowledge the letter can worsen the situation and lead to legal escalation.
Read the cease and desist letter carefully
Understand exactly what is being alleged. Identify the specific conduct the sender wants you to stop, and note any stated legal basis or deadlines.
Gather relevant information and evidence
Review any communications, contracts, online posts, or other material relating to the allegations. Save all evidence, including a copy of the letter and any attachments.
Do not respond emotionally or make admissions
Avoid firing off a response without considering the implications. Do not admit wrongdoing or agree to any demands until you have taken legal advice.
Decide your response strategy
With the right advice and strategy, most disputes can be resolved without court proceedings. Depending on the situation, your solicitor may recommend:
- Complying with the demands
- Denying the claims and refusing to comply
- Proposing a compromise or settlement
- Issuing a counterclaim or rebuttal
Respond within the deadline
Even if only to acknowledge receipt and request more time. A measured and timely response signals professionalism and may help de-escalate tensions.
Take remedial action if appropriate
If the claim is valid, resolving the matter quickly and discreetly is often advisable. Prompt compliance can reduce the risk of reputational damage or litigation.
Document everything
Keep a clear record of all correspondence and steps taken. This will be invaluable if the dispute escalates or goes to court.
Monitor the situation
Ensure any agreed resolutions are honoured. Be alert to further communication or legal action from the sender.
What happens if a cease and desist letter is ignored?
- Sending a follow-up letter: Sometimes, a second, more strongly worded communication prompts a response.
- Initiating legal proceedings: This could involve seeking an injunction, damages, or other remedies through the courts.
- Escalation to the regulatory authorities: Particularly in cases involving professional misconduct.
- Publicise the dispute: In some cases, the complainant might benefit from strategic public relations – although they must handle any PR carefully to avoid defamation claims.
Alternatives to cease and desist letters
While cease and desist letters are often effective, they are not always the best or only option. Choosing the right dispute resolution route depends on cost, publicity risk, legal strength, and relationship dynamics.
Depending on your objectives, you might consider:
- Mediation: Involving a neutral third party to help both sides reach a voluntary resolution.
- Without prejudice negotiations: These can occur privately and candidly without fear of the content being used in court.
- Internal grievance procedures: Especially relevant in employment disputes.
- Regulatory complaints: To professional bodies, advertising standards authorities, or data regulators.
When to escalate to legal action
A cease and desist letter is a starting point – not necessarily the end of the road. Escalation may be necessary if the letter fails to stop the offending conduct.
Key indicators that it is time to escalate include:
- Where there are repeated or wilful breaches – despite prior warning
- Where the offending action risks significant financial or reputational damage
- Where there is an imminent risk of further harm or loss
- Where there has been no meaningful engagement or response from the recipient
Legal escalation could involve:
- Applying for an injunction to stop certain conduct immediately
- Pursuing a damages claim to recover losses caused by the breach
- Engaging in ADR (Alternative Dispute Resolution), as required under the Civil Procedure Rules
A solicitor will guide you through the escalation process and ensure compliance with pre-action protocols to strengthen your legal footing.
Why choose our cease and desist lawyers?
- We specialise in commercial and reputational risk
- We provide tailored, legally robust cease and desist letters
- We act swiftly to minimise disruption and protect your interests
- We offer discreet, strategic support with clear next steps
Cease and desist letters - FAQ’s
We’re often asked about the legal status, risks, and implications of cease and desist letters. Below, we answer some of the most common questions to help you better understand how they work and what to expect.
A cease and desist notice is another term for a cease and desist letter. It is a formal demand requesting that someone stop a specific activity. A cease and desist notice warns the recipient that the sender intends to take legal action if the matter is not resolved.
In a lawsuit, a cease and desist can be formalised into a court order or injunction. The cease and desist letter can also be submitted as evidence that the claimant tried to resolve the matter informally.
On its own, a cease and desist letter is not legally enforceable. However, if ignored, it can lead to legal action, and the courts may look favourably at parties who tried to resolve disputes amicably first. A court-issued cease and desist order (otherwise known as an injunction) is enforceable.
No. Cease and desist letters are private communications and do not create a criminal or civil record unless followed by court proceedings.
The letter itself is not legally binding, but any agreement or undertaking made in response may be. A court-issued cease and desist order/injunction is legally binding.
Yes. If issued without proper legal grounds, it could result in counterclaims, reputational damage, or even defamation allegations.
Only a court can issue a UK cease and desist order (injunction). However, anyone can issue a cease and desist letter.
You can, but it is not advisable. Ignoring the letter increases the risk of escalation – including costly litigation. We always recommend seeking legal advice after receiving a cease and desist letter.
Contact our litigation solicitors today
If you need to issue or respond to a cease and desist letter, our expert litigation solicitors are here to provide fast, discreet, and effective legal assistance. With our deep understanding of cease and desist procedures and attention to detail, we ensure your rights are protected and that the matter is resolved efficiently.
For your free consultation, please call us on 020 7467 3980 or complete our online enquiry form to discuss how we can help.