Should You Send a Cease and Desist Letter?

Most people think of a cease and desist letter as a legal formality... a written instruction telling someone to stop doing something wrong. In practice, it often marks the moment a quiet problem becomes an active dispute. That is why the decision to send a demand letter should be treated strategically.

A cease and desist letter does not simply communicate a position; it forces a response. The recipient may comply, negotiate, ignore the request, or fight back. Each of those reactions carries different costs, risks, and consequences, many of which are outside the sender’s control once the letter is delivered. This uncertainty is what makes a demand letter powerful and dangerous at the same time. Each communication initiates a process, not just a message.

The expense of a cease and desist letter is rarely tied to drafting alone. The real cost comes from what must be done before and after:

• Determining whether the business actually has enforceable rights

• Assessing the quality of evidence

• Predicting how the recipient is likely to respond

• Preparing for escalation if the warning fails

  
  

Simple disputes can be resolved cheaply while ambiguous facts, emotional parties, or high-stakes issues may rapidly turn a single letter into extended legal engagement.

One of the biggest risks is unintended escalation. A letter that overstates claims, misstates facts, or adopts a hostile tone can provoke resistance rather than compliance. It may even prompt the recipient to seek declaratory relief or assert counterclaims, shifting the business from defense to active litigation. In other words, the letter meant to stop the problem can become the reason it grows. Despite these risks, demand letters remain effective tools when used correctly. They can stop misconduct early, frame negotiations, preserve rights, and signal the seriousness of the issue without filing suit. With this in mind, the letter’s tone, scope, and legal basis must match the business’s goals and tolerance for conflict.

Instead of asking, “Should we send a letter?” businesses should ask:

• What outcome do we actually want?

• What happens if the letter is ignored?

• Are we prepared for a legal response?

• Is this the lowest-risk way to achieve our goal?

If those questions do not have answers, sending a demand letter may create more uncertainty than clarity.