What to do if you get a cease and desist letter

It is frightening to receive a cease and desist letter from lawyers or law firms.  They threaten to sue you if you do not turn over confidential information and stop selling your product.  How you handle a cease and desist threat can mean the difference between disaster or success.

In the ecommerce world, we often see letters that are overreaching or just scare tactics.  You need legal representation to know the difference between a real threat and a false one.  Here are four things you should never do if you get a cease and desist demand:

  • Don’t ignore it.
  • Don’t automatically assume you must comply.
  • Don’t call the attorney or write back apologizing or admitting that you’re wrong.
  • Don’t offer money or try to settle it yourself.

Here’s what SHOULD you do:

  • Get an attorney’s advice immediately.
  • Notify your supplier about the issue.
  • Let your attorney respond to letter.

Cease and Desist letters are time sensitive.  You should not wait to contact a qualified attorney.  Even when you must comply with the demand, an attorney can help you negotiate a solution that is fair and reasonable.  If you received a cease and desist letter, contact me today.