Does she reserve any rights here? Step 1. It is really bad. Is there a template or form letter that I can assist her to send demanding that these various companies remove her from their mailing lists? You are welcome to contact my office or another attorney to assist you with this situation. If you put statements in a letter, be sure the statements are true. I have decided to hire a lawyer and write a cease and desist. They agreed, but have yet to do so because they are being spiteful. Would a cease and desist letter be applicable in this situation? has preserved and will continue to preserve in the future all information related to Your sale of software related to Facebook or Instagram; has stopped and will not in the future sell or offer to sell any software code designed to access or interact with the Facebook and Instagram websites and/or services; has shut down all websites You operate that are used to sell Facebook or Instagram related software, and have removed all advertisements or postings on external websites advertising or describing your Facebook or Instagram services; has stopped and will not in the future access Facebooks or Instagrams website(s) and/or services for any reason whatsoever; has stopped and will not in the future sell or offer to sell Facebook fans, likes, tags, subscribers, friends, or accounts, or offer any other services connected to Facebook through any means, including but not limited to http://www.xxx.com, and http://www.yyy.com; has stopped and will not in the future sell or offer to sell Instagram followers, comments, likes, or any other services connected to Instagram through any means, including but not limited to http://www.xxx.com, and http://www.yyy.com; has removed all references to Facebook and Instagram from any and all websites that you own or have the ability to control, including to http://www.xxx.com, and http://www.yyy.com; will account for and disgorge any and all revenue earned from Your unauthorized marketing activities to Facebook and Instagram users; and. A Cease and Desist Letter may help prevent any future occurrences of these false statements. for example i in another country and I was misled into paying for a greencardlottery, to a company in nevada reno and i later found out that it was a sham and i demanded for a full refund, at first they refiused but when i threatned to sue they obliged to pay some out of the initial sum as refund, please how do i go about this ? Your liability and exposure under such legal action could be considerable. I own a company in Mexico selling natural supplements on the Internet. Hello, I would like to know if I can send out a cease and desist for work that was never paid. His response to the cease and desist letter is inadmissible as evidence if the matter goes to trial. The action you just performed triggered the security solution. An attorney would be happy to analyze your situations circumstances and advise you of your legal rights and options. About us. They no longer can say, Oh, I didnt realize it. Or, I was never told to stop. Theyre now on notice of their illegal activity. FCC Issues Robocall Cease-and-Desist Letter to Twilio Full Title: FCC Issues Cease-and-Desist Letter to Twilio for Apparently Transmitting Illegal Robocall Traffic Document Type (s): Letter, Warning Bureau (s): Enforcement Description: The FCC issued a cease-and-desist letter to Twilio Inc. for apparently transmitting illegal robocall traffic Thats the value of it. I was never provided a copy of the letter by the neighbor, only through those which have received it. If the false statements are not causing harm yet, you may want to prepare this letter yourself. They mentioned they would do so, eventually, however months have gone by and theyve not done anything. You write and send this letter to the person spreading lies about you or threatening to do so. Keep it business like and simple As of the date of this correspondence you are hereby ordered to cease and desist all contact in person, telephonic, and electronic with anyone living in my home including but not limited to my spouse and my children. What is the illegal conduct that should be stopped? The CFPB takes compliance serious and collection agencies must obey the laws. Typically issued by an official source such as a court or governmental agency, a cease and desist order is a legally binding demand. 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. State law and the specific facts of your case will dictate how you must request the court and under what circumstances it may be granted. 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? However, it is very difficult to prove the intention. I live in Orlando Florida, if it matters. My question is, if a non-govt citizen posts on social media about something, (me), and a family member is silencing my voice using sinister . Instead, it should clearly define the objectionable behavior, state why the behavior violates some law or other enforceable obligation, and what will occur if the misbehavior continues. Thank you for downloading one of our free legal templates! Many times things are hearsay but this is in actual print. In this case, you are not bound to a specific option but can choose what is suitable for your particular situation. Maybe its trademark infringement, copyright infringement, harassing phone calls or letters. Sample Cease and Desist Letter Against Debt Collectors Melissa Lyken | December 01, 2022 Summary: A Cease and Desist Letter can stop a debt collector in their tracks. I, ___________________, agree to immediately cease and desist copying [CLIENTS COPYRIGHTED WORK] in exchange for [CLIENT] releasing any and all claims against me for copyright infringement. But instead of awarding you money damages, it tells the person spreading the lies to stop. Of course this is untrue. Business Attorney A strong letter can help you resolve the matter quickly and avoid further action or litigation. I am now demanding that you refund me all or most of the money that you lost in my auto trade account and If I do not get a satisfactory and immediate response to this email than I will be forced to take the necessary action required to try to get back the money I lost.. Should you choose to ignore my demand than I will let you know how I intend to proceed.. When should you use it? Her manager got on the phone and said that I stoled the furniture and I told that I didnt and people within the company had been emailing me but Ive been responding to them with new contact information and everything but still, the merchandise was never pick up. If that doesnt work, legal action may be necessary. A Former Employee Cease and Desist Letter is used when you have a former employee who is slandering your company, breaking your enforceable non-compete agreement, or disclosing your IP and trade secrets to an unauthorized third party. Stop trademark and copyright infringement. This will provide you with peace of mind and allow you to gather evidence against the offending party if you eventually take legal action. I have reported her to mgmt/owner several times but the owner informed me she never addressed this person because its hearsay. Yes, you could use a cease and desist letter as a first step to seeking an end to the unlawful use of your copyrighted images. We have contacted the site that these posts appear but they have ignored our requests to have the posts removed. Anyone can send a cease and desist letter; one does not need to have an attorney compose one.However, an attorney can advise the complainant on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter. You can file a lawsuit for libel or slander, or you can seek a restraining order from the court. Are you asking for some sort of public apology or private apology? It has come to our attention that you have been copying [CLIENTS COPYRIGHTED WORK]. You may also use this lawyer in a lawsuit if the person doesn't cease and desist as ordered. I have a creditor that has been showing up at my work causing a scene demanding payment on a payday loan . The client is a reputable freelance marketing rep and GoDaddy has taken this .com name and turned it into a Get a free {something youll never actually get} site with scam offers and the like. Thanks! Also, if they have websites where our Trademarked name is used, what are my rights there? A complete list of any and all Facebook and Instagram accounts You have created, developed, maintained or controlled; A complete list of domain names that You own, maintain or control; A complete accounting of each and every customer who purchased your software, or any other Facebook or Instagram services, including an accounting of all compensation or revenue received by You, and the URLs for each profile and/or Page for which You rendered those services; and. However, if youre confident that the letters content is inaccurate or unenforceable, you can safely ignore a Cease and Desist Letter. Demand letter; Cease and Desist; Legal letters; Letter of intent; Appeal letter; Motions; Appeals; . You can also simplify the registration by simply using your current Gmail account. What can i sew them with and how would they put a dollar amount on this. False statements put you at risk of defamation. I want to send her a cease and desist letter, ordering her to stop contacting me. Proper documentation of the letter you send and any receipt information may play a critical role in future legal disputes. Whether this is worth the time and expense is questionable. VIA EMAIL TO shawn.meaike@familyfirstlife.com . . It is often best to follow through with any legal repercussions listed in your letter to show that you are serious about protecting your rights. If youre preparing and sending a Cease and Desist Letter yourself, you should do so via certified mail. There are two different kinds of cease-and-desist orders: I sent her a hard drive containing every file that she gave me to work with, along with a check for the total amount that she paid me to work for her (as she demanded I do in an email). The recipient of a cease and desist letter can simply . You should send it to the individual or business in question via certified mail when you finish writing your letter. Is that correct, and do you have any advice as I move forward? The purpose of the letter is to threaten further legal action if the behavior does not stop. They were using an image on their website from a project that our company did while she was working for us. Its one step closer to litigation without actually filing in court and spending all the money and going to all the effort of commencing a lawsuit. A cease and desist letter for defamation formally requests someone (the recipient of the letter) to remove and cease the publication of content you believe to be defamatory. What are some common mistakes made when making a cease and desist letter? Cease and Desist letters are the demands that are used to stop defamation that is caused by others. Musa Mseleku's lawyers have reportedly issued a "cease and desist" letter to Queen Lolly following her comments. I feel as his parents we have the right to decide if, when and where are sons pictures are used. So could you please give some light on how he should reply to this letter and what steps he should take to comply and get everything sorted without being in trouble? Is there anything I can do in this situation? 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. One of my advertising strategies is to post ads on Craigslist. I paid good money for their services from 2005-2009, and now suddenly this happens when my info is completely irrelevant to anyone wanting my old domain. Not just stating the legal doctrine, but also giving some examples of whats occurred. The bottom line is that in a situation like this, you need to consult with a trademark attorney in your state to determine your legal rights and options. We have copies of your unlawful copies to preserve as evidence. That's why you'll do best to hire an attorney if you go this route. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. No matter how you send it, experts recommend keeping your copy of the document and the return receipt. Use of this site is subject to our Terms of Use. The cease and desist does not need to be sent in good faith. Harassment is generally illegal, and a Cease and Desist Harassment Letter can help document what you have endured. If the collector is blatantly ignoring the cease communication request, send a final letter asking them to cease communication. I was hesitant to also hand over the editing project file containing my work, since she asked for all her money back, but I ultimately decided to send that as well in order to make her harassment stop. Several times we have asked them to remove these items from their portfolio. You cannot expect me to take this loss without a fight nor do I intend to do so. This is essentially an attempt to stop libel and slander without going to court. When I confronted him about the jewelry, he threatened my clothes, shoes and handbags were next. Can you tell me what are California laws on this? Even if the other party stops, this does not preclude you from filing a grievance or legal action as the result of the harassment you have already been through. Hi, What kind of illegal activity are we talking about? Start your registration by providing your email address and creating a secure password. Answer (1 of 7): If you don't have a complaint on some legal ground, such as harassment, that's not an option. He then said he would first speak to Mr name deleted who would be doing the actual trading to let him know about my situation before agreeing to accept and agree to auto-trade my money. I am an adult, living with my father. Other common mistakes are not stating with specificity what is the illegal conduct thats occurring and that it needs to stop, or beating around the bush saying, Youve done this, youve done this, but not really saying, You must cease and desist. Those are some examples. Spengler splits her time between the French Basque Country and Northern California. I used to own a website domain for my restaurant, which I had bought from Godaddy. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Score: 4.4/5 (57 votes) . A cease and desist letter would not be appropriate for a demand for payment. they removed the photo, and sent a response. I never intended for them to publish, sell or otherwise make available my info to any website. What do I need to state so that these harassing calls can stop and this so called debt that I have no record of be stopped. FormasPal's easy to use and understand harassment cease and desist letter can be filled out by following these simple steps: Step 1. Defamation occurs when another party makes untrue and harmful statements about you or your company. You can have an attorney send a cease and desist letter with a demand that the personal information and image be taken down. It would probably be best for your client to contact an attorney in West Virginia, since that is where GoDaddy is located, to analyze the best course of action. I recently found out from an investigation that a law firm conducted that my previous employer was not giving me a good reference for potential employers. from U.C. Performance & security by Cloudflare. can they do this? A trademark is an essential piece of intellectual property that deserves powerful protection. "Our offices . It helps a great deal when trying to handle things in your life. The only requirement is anticipated litigation, but it would be easy for the company to say they intended to sue if the other company had hired the person in question. Is this something your office would be able to look into? All of the information in your Cease and Desist Letter must be accurate. Hi Aaron, It is necessary to outline the false misinformation, establish that it is untrue, document how you know it has been spread, and outline the damages you expect to suffer if the defamation continues. The designer refused to do that as he stated, he did not create the image and owns no rights to it and only I do. Hello. (DATE) Dear Sir or Madam: This CEASE AND DESIST ORDER is to inform you that your harassing and intimidating actions against me has become unbearable. ..He assured me that safeguards were in place to protect against large losses. Cease your defamatory comments, for example. If you do, then you should consider requesting a restraining or protective order (or whatever it's called in your jurisdiction), and ask the court to set a minimum distance for the perso. Home Business Documents Cease and Desist Letter. You can write your own Cease and Desist Letter without the assistance of an attorney. A cease and desist letter is a cautionary letter sent to an alleged wrongdoer describing the alleged misconduct and demanding that the alleged misconduct be stopped. A cease and desist letter is usually sent to a party engaging in an illegal act, directing that party to cease and desist the illegal act. Aaron Hall. Well, for one, it should articulate specifically what has been done wrong. As she is in the US and the offending company is in Canada, what recourse does she have at this point? To make your letter well-structured, please, follow the next steps. If you're suffering from harassment, sending a Cease and Desist Harassment Letter is one way to protect yourself from your violator. I no longer am and my problem is that I am still getting billed from stuff after I was gone. Who should send it? A cease and desist letter regarding the Fair Debt Collection Practices Act violations would be an appropriate response. Free Cease and Desist Harassment Letter. Violations can result in significant penalties against the debt collection agency if it does not comply with the FDCPA. As you know, your situation is complex and there are many issues and aspects to discuss. I dont know how long they have been operating for, but what are my rights? Organizations or individuals who engage in this illegal conduct are likely to violate federal copyright law. Legal rights to assign or sell legal rights to use the product to others. A cease and desist letter requests that the recipient stop engaging in a specific action and avoid repeating it in the future. [FIRM ADDRESS] Stop libel or slander. I am currently an auto sales women, We have been having a friend staying with us and we want to get him out of our house but we were told by our local sheriff that we have to have a cease and desist letter sent to him, how do i get the form that I need in order to get him out the legal way without getting myself in trouble with the law. A friend of mine received Cease & Desist letter from facebook, they demanded to shutdown the sites on which he was selling automation software (bots) and refered as it may violate facebook and computer fruad and abuse act, california comprehensive data access and fruad act and also united states lanham act. I would want to talk with you further about the details before recommending a cease and desist letter as the best approach, but sending a cease and desist letter is certainly one option. So here is a question. She is angry that because of my walking away from the project, she has lost valuable time and the support of one of her potential producers. I went to the girl in charge and she took some of the charges away and I paid what we agreed on. It is a letter written to complain about a certain act, statement, or claim. What would you advise for this? A good cease and desist letter should not be motivated by personal feeling or written in the heat of passion. Here are a few of them. I need to take back my finances from the Veterans Admin. Most individuals and businesses will adhere to your cease and desist request to avoid a costly legal battle. You may be inundated with excessive phone calls, letters, and other contact forms. It wont heal anything and I will not forgive her for this. deeds, wills, testaments, and other legal documents related to Business, Estate, Real Estate, Family, and Financial matters. Help! Second, it may show bad faith as opposed to good faith. It doesnt have the same weight if it comes from an individual. I have asked her to let me open the mail so she wont needlessly worry about the junk mail but, unfortunately, that doesnt always happen. Our offices are for administrative purposes only, no visitors will be . You should contact an attorney immediately. If you are in Minnesota, I would be happy to help you if you call our office and schedule an appointment (usual attorney rates apply). 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. What are some common mistakes? We demand that you immediately (A) cease and desist your unlawful copying of [CLIENTS COPYRIGHTED WORK] and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further infringement of [CLIENT]s copyrighted works. My uncles are also pressuring him to kick me out of the house. On Sunday I again checked my account balance and I could not believe my eyes since it showed my account balance was now down to 28,622.00.. Thanks. This is all in the name of being able to consistently promote our music as a business. Your attorney will review the letter and any related contracts or verbal agreements and advise you on the best next steps. Aaron; was wondering if you received my question regarding allegations of sexual abuse within family and if a cease and desist letter is warranted? The problem is that they never send a product and it is a clear fraud. I am not the only person who she has bullied. [FIRM CITY, STATE, ZIP] I have tried to disassociate myself with this person in all facets of life, after I found out they were making up malicious rumors about me. A cease and desist letter is a letter that lets another party know that you consider their conduct harmful and unlawful. That could mean that you have a. Aaron I have emailed you about sending a C&D letter. My question is this, when I write my Cease and Desist letter to BMG, can I state that I was a minor therefore this should not apply to me? These letters can be used by companies to protect their rights or by someone who is being subjected to harassment, and offer them help during a difficult time. Because these are not legal documents, a form builder or template may significantly assist you in putting together the letter you need to seek an end to specific actions or behaviors that are infringing on your liberties. Additionally, he has put first and last names of employees on the site with false and libelous statements about them. If someone says that your cute little dog is ugly as sin, it may hurt your feelings, but it isn't likely to hurt your reputation. A cease and desist letter isn't a lawsuit, but rather a notice that a lawsuit may be filed if the behavior or actions aren't stopped. All copyrightable aspects of [CLIENTS COPYRIGHTED WORK] are copyrighted under United States copyright law. Ive recently found out that a website has been posting my information and most importantly my image without my permission. A cease and desist letter is just what it sounds like - a letter. please respond back right away, I brought furniture from a furniture store last year, 3 weeks after I brought it, I got laid off from my job and since then, I have been telling the company to come and pick up the merchandise since I dont have any income, well the company has been telling me per the agreement I will still owe them, which is find but if Im saying to please come and pick up the merchandise, why yould you try to set up payment arrangmeents if I have no income and is living with someone? Our firm would be happy to help with FDCPA violations, and for these cases, we work on contingency, so we dont get paid unless we get money for you. Hi there, thank you for this extremely informative blog! Learn more about cease and desist letters with this video by attorney Aaron Hall: What is a cease and desist letter? If law enforcement wont enforce the law, then you can seek a court order, but that seems unnecessary and expensive. My former dealership has been sending letters to my clients with regards to lease experiation, well wishes, thank you for your continued business. Im Aaron Hall, a business attorney in Minneapolis. Should I message you before buying a gig? If you have been on the receiving end of unwanted advances or sexual harassment, for example, preparing and sending a Cease and Desist Letter to the perpetrator documents the abuse and formally requests that it stop. Creating a Cease and Desist Letter puts you in control and may help you prevent any further illegal action. Hi I cannot access the copyright-cease-desist-letter.doc, get this page error: You 404d it. A former employee, who worked on landscape designs while she was working for us, started to consult with another company and began referring work to them. This can extend from harassment to debt collection. She meant it for another co-worker/friend but their names are similar and start with the same letter so she clicked on the wrong name in your phone address book. The type of defamation is termed libel if it is published. A cease and desist letters order imposes a court order on a company or person that prohibits activities that are deemed suspicious. Re: Earnings Claims Related to Coronavirus Disease 2019 (COVID-19) Dear Mr. Meaike, This is to advise you that FTC staff has reviewed social media posts made by Family My fear is that somewhere down the line someone will send me to collections because the website says I owe money. a website has published private information about me, and is offering access to more in depth information about me for a fee. A letter concerning copyright infringement allows you to decide how you want your protected work used. I am currently out of work due to this conflict that wasnt my fault while they are still employed and now I am assuming that I cannot seek employment with my former employer stating that the reason for separation was due to misconduct or inappropriate conduct on the job, which is absolutely false and they have no security footage or tape recordings of me doing these acts that this group of employees said that I did. 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. 504, the consequences of copyright infringement include statutory damages of between $750 and $30,000 per work, at the discretion of the court, and damages of up to $150,000 per work for willful infringement. Its only legal effect is putting a party on notice. Slander means defamatory comments someone says to another person or persons that are harmful to your reputation. I am now exposed to fraud, identity theft, even burglary or any kind of random abuse really. She continues to contact me, as well as my employer (who recommended me) and his assistant, harassing and threatening them too. Issuing a cease and desist letter is the first step to getting the offending party . A cease and desist letter is a warning to the recipient that they're taking an action or actions that violate the legal rights of the sender. Breach of Contract can also play a part,but, you will have to prove that there was a contract to begin with. A cease and desist letter (also known as a notice to stop letter, or a demand letter) is a legal document used to inform a person or party of your formal notice requesting them to stop a behaviour or activity that infringes on your legal rights. In many cases, a Cease and Desist Letter may be all it takes to prevent any further infringement of your rights. A cease and desist letter is merely a letter. All Takhar Group can tell me is my first and last name and my home address, which have not lived in for 5 years. Aaron, Maybe theyre slandering or defaming you. If you find an experienced copyright litigation attorney at a small law firm located near the company (defendant), you should be able to get a lawsuit started for much less than $10,000. She performed the work and was paid; however, now she has found her work on another graphic designers website and he is claiming it as his own, using it as an example of his work to strum up business. I need to send a cease & desist letter to a security manager who lies & deceives patients to cover up staff misconduct, I need to stop someone from calling me & using his porn site Facebook site texting constantly & calling me 5 to 7 times in one day to vent his marital grievances & defaming his spouse . Mgmt is planning on talking to her but I dont know how lenient she will be on her for this mgr is very passive and relaxed in taking action on bad behavior. the advise me that collection activity will continue but because of that conversation with the employer and their manager did not go well. Cease-and-desist is used to deescalate conflict surfacing from alleged illegal or certain activity. Can I send a cease and desist to the companies in the united states to make them stop offering their services to this fraud? Family First Life, LLC . If a debt collection agency is overwhelming you with excessive phone calls, use a Cease and Desist Debt Collection Letter to demand that they stop. Seeking the removal of intellectual property and compensation for use of said images since 2007.