This is an example letter to help you demand a person cease making defamatory comments about you, apologise, retract the statements and potentially pay compensation.
This letter is based on the law of NSW.
You will need to collect evidence of the defamatory comments. Some may be in writing (e.g. on facebook) and others will be verbal.
For verbal comments you will need someone who heard the comments to tell you what the comments were and ideally send this to you in writing.
Once you have set out all of the defamatory comments, you will need to identify the loss suffered. The loss could be a loss of reputation, or a loss in business income.
This is an example only and may not be appropriate for your personal circumstances. This example comes with 15 minutes of free advice from Adam Ahmed & Co lawyers. If you wish to claim your free 15 minutes please call 02 7200 8200.
What are cease and desist letters commonly used for?
Although a cease and desist letter can be used for many different reasons, some of the more common cases are:
If you’re having issues with another party harassing, following or intimidating you, it may be difficult resolve if they refuse to listen to you. Sending a Cease and Desist letter in these circumstances provides a clear communication of how they are infringing upon your rights, and that further legal action could happen should they continue.
Copyright or trademark infringement
A cease and desist letter helps inform parties of a breach of your intellectual property, which may or may not be intentional. This can allow for a more seamless resolution without the need for litigation.
A Cease and Desist letter can be sent before pursuing legal action against a party who you believe has slandered or defamed you. By pointing out the untruths in representations they have made about you, the individual or group responsible can address the issue and retract any harmful representations before attracting more media and public attention to the issue.
The rules and guidelines set out in the National Consumer Credit Protection Act 2009 relate to what debt collectors must abide by when attempting to recover a payment owed from a debtor. Sending a cease and desist allows you to assert your rights under the Act and warn the offender of further legal action for failing to comply.