What is a cease and desist order for a bank?
Cease & Desist Orders (C&D) or Personal Cease-and-Desist Order (PC&D): A final order issued pursuant to 12 USC 1818(b) that may, among other things, require a bank or IAP to cease and desist from an unsafe or unsound practice or violation and to take affirmative action to correct or remedy any conditions resulting from ...
A cease and desist is a written notice demanding that the recipient immediately stop an illegal or allegedly illegal activity. It may be an order or injunction issued by a court or government agency or a letter from an attorney. A cease and desist order or injunction has legal power.
While a cease and desist letter doesn't have a legal effect in and of itself, it's often a good way to begin the process of stopping someone from engaging in an activity that is harming you in some way. Such documents are easy to write and, unless you hire an attorney to write them, usually quite cost-effective.
If you ignore a cease and desist letter, the next step is usually getting a summons to appear in court as the party being sued for copyright infringement or other ways of non-compliance.
Sample Cease and Desist Letter Dear (fill in name of student): I am requesting that you cease and desist the inappropriate and disruptive behavior you demonstrated in my class (fill in title of class, class number, day and time of class) on (fill indate disruptive behavior occurred).
However, the effectiveness of a cease and desist letter depends on the strength of the legal claims it asserts. If the sender lacks a legitimate legal basis for the claims or if the letter is perceived as frivolous or overly aggressive, it may backfire, potentially damaging the sender's reputation and credibility.
There is no need to respond to a cease-and-desist letter, nor should you. It merely proves you received it. You should talk to a lawyer however to discuss whether you should in fact, cease and desist.
The cost of a cease-and-desist letter can vary widely from attorney to attorney, and a lot depends on the nature of your case. In my experience as a defamation attorney, a single cease and desist letter may cost anywhere from $500 to $1500.
Ironically, a cease and desist letter can be defined as harassment itself (yes, you read that correctly). This is especially true if the letter contains untruths or claims of legal action which are either not feasible or so threatening as to intimidate or frighten the other party's sense of safety and security.
Responding to a cease and desist letter
Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name. Asking the other party for more information, including seeing their trademark to evaluate whether they have a legitimate claim.
Can I send a cease and desist letter without a lawyer?
Yes, anyone can send a Cease and Desist Letter. You do not need to hire an attorney to write one for you. An attorney, however, can help you determine whether your rights have been violated and if you have enough grounds to pursue legal action.
$199 Per Letter
Most law firms charge an average of $1,375 for a simple letter.
Yes, you can get sued for sending a C&D letter. It's called a declaratory judgment lawsuit. Before you send that cease-and-desist letter, understand this risk and gauge the probability of the other side escalating the fight.
Such letters are usually written by attorneys and are often sent to stop alleged or actual infringement of intellectual property rights, such as copyrights, trademarks, and patents. A cease-and-desist letter may also be used to warn the wrongdoer against harassment, slander, libel, as well as contractual violations.
- A thorough yet concise and clear description of the activity that must be stopped.
- The legal basis for your claim.
- The consequences if the recipient of the letter fails to comply.
- A deadline by which the activity must stop.
If a neighbor or another party is doing something that impacts your property, a Cease and Desist Letter may help. The letter can demand your neighbor stop certain actions that violate your rights.
Cease and desist letters – particularly those written by lawyers – will threaten to pursue legal action if you do not stop your course of conduct within a certain period of time. If you ignore the letter, that period of time will expire.
A constructive discharge claim means the worker quits or resigns because they experienced harassment. If the employee quits because of the employer's unlawful discrimination, the former employer may be responsible, just as if they fired the employee because the harassment forced them to quit.
Dear Sir or Madam: This CEASE AND DESIST ORDER is to inform you that your harassing and intimidating actions against me has become unbearable. Such anti-social behavior is completely unacceptable and will not be tolerated in any way, shape or form.
A cease and desist letter for defamation informs the recipient that you will take further legal action against them if they do not stop their defamatory statements about you. The letter should clearly identify the defamatory statements and specify the ways in which they are harming your or your business's reputation.
Is a cease and desist a scare tactic?
It's a calculated move by the sender, hoping that the mere threat of legal action is enough to achieve their goals. Understanding the dynamics behind cease and desist letters and recognizing when they're being used as a scare tactic can empower you to respond appropriately.
If asking the person to stop doesn't work, or if they are harassing you in a way that is making your life difficult, you may need to take more drastic measures. The next step would be to get a restraining order against the person. This will legally require them to stay away from you.
Before you draft your own demand letter and fire it off thinking your actions will result in getting paid, getting the services you contracted for, demanding the satisfaction that you were expecting, consider that writing your own demand letter can backfire badly!
- Be clear and concise.
- State the specific behavior that you want the person to stop.
- State the consequences if the person does not stop.
- Keep a copy of the letter for your records.
- Consider consulting with an attorney.
A cease-and-desist order communicates that the offending party is prohibited from engaging in the specified legal activity or they will face specific penalties, such as fines or jail time. Orders can be more effective since they carry the weight of the court and are legally binding.
