What to Do If Someone Sends You a Cease and Desist Letter

A cease and desist letter landing in your inbox or letterbox can feel like an ambush. Someone is accusing you of defamation, copyright infringement, harassment, breach of contract, or some other wrongdoing — and demanding you stop immediately.

A cease and desist letter is not a court order. It’s a formal complaint, often the opening move in a negotiation. What you do next matters.

What a cease and desist letter actually is

A cease and desist letter is a written demand that you stop a particular conduct. It typically alleges that your actions breach Australian law or a contract, and warns of legal consequences if you do not comply.

Common allegations include:

• Defamation — publishing false statements that damage someone’s reputation
• Copyright or trademark infringement — using someone’s creative work, brand, or logo without permission
• Harassment — repeated unwanted contact, cyberbullying, or workplace conduct
• Breach of contract — violating a non-compete, NDA, or service agreement
• Nuisance or trespass — interfering with someone’s property or enjoyment of it

The letter may cite specific legislation or contractual clauses. It may demand you remove content, stop using a name, cease contact, or pay compensation.

But it is not a court judgment. The sender has not proven anything. They are making a claim and hoping you comply without a fight.

Step 1: Do not ignore it

Ignoring a cease and desist letter rarely makes the problem go away. If the sender is serious, ignoring them may:

• Strengthen their case that you acted in bad faith
• Lead to an urgent injunction application in court
• Result in a tribunal or court claim being filed without further warning
• Escalate costs and reputational damage

Even if you think the claims are baseless, acknowledge receipt and buy yourself time to assess properly.

Step 2: Read it carefully and check the facts

Go through the letter line by line. What exactly are they alleging? What do they want you to do? What is the deadline?

Ask yourself:

• Is the allegation factually accurate? Did you actually do what they claim?
• Is there a legal basis? Are they citing real legislation, or just making vague threats?
• Is there a contract? If they claim breach of contract, do you have a signed agreement? What does it say?
• What is the evidence? Have they attached screenshots, invoices, correspondence, or other proof?
• Who sent it? A lawyer’s letter carries more weight than an unsigned email from a personal address.

If the letter is from a law firm, assume the sender is willing to escalate. If it’s from an individual using a template, they may be testing the waters.

Step 3: Assess whether the claims have merit

Not every cease and desist letter is legally sound. Some are bluffs. Others are legally weak but commercially inconvenient.

Defamation claims

For a defamation claim to succeed in Australia, the sender must typically prove:

• You published a statement (online, in print, verbally to a third party)
• The statement identified them (by name or implication)
• The statement damaged their reputation
• The statement was false, or you cannot prove it was true

Defences include truth, honest opinion, qualified privilege, and public interest. If you published a truthful review, a factual complaint, or an opinion clearly labelled as such, you may have a strong defence.

Intellectual property claims

Copyright and trademark infringement claims are easier to assess:

• Copyright — did you copy someone’s original creative work (text, image, music, video) without permission?
• Trademark — are you using a registered brand name or logo in a way that causes confusion?

If you used someone’s photo without a licence, or copied their website text, the claim likely has merit. If you independently created something similar, or used a generic term, you may have a defence.

Check the IP Australia register to see if the trademark is actually registered.

Contract breach claims

If the letter alleges breach of a non-compete, NDA, or service agreement, find the contract and read it. Does it actually say what they claim? Is it still in force? Did you sign it?

Some clauses are unenforceable (unreasonable restraints of trade, penalty clauses). Others are ironclad.

Harassment claims

Harassment is subjective. One person’s persistent follow-up is another’s harassment. If you have sent repeated unwanted messages, made threats, or engaged in abusive conduct, the claim may have merit.

If you sent one polite email and got a cease and desist in return, the claim is likely overblown.

Step 4: Decide your response strategy

You have four main options:

1. Comply immediately

If the claim has clear merit, compliance may be the cheapest and fastest option. Remove the infringing content, stop the conduct, apologise if appropriate, and confirm compliance in writing.

This works when:

• You clearly did what they allege
• The harm is minimal and easily remedied
• Fighting would cost more than complying
• You want to preserve the relationship

2. Negotiate a middle ground

Many cease and desist disputes settle somewhere between full compliance and outright refusal. You might:

• Agree to stop the conduct but not pay compensation
• Remove some content but not all
• Sign a mutual release in exchange for them dropping the claim
• Agree to a payment plan if money is involved

Negotiation works when both sides have something to lose and something to gain.

3. Dispute the claim formally

If the claim is baseless, you may need to push back with a formal legal response. This is not the same as ignoring the letter — it’s a structured rebuttal that:

• Denies the allegations with reasons
• Cites applicable law and defences
• Warns the sender of the consequences of pursuing a weak claim
• Sets out your position clearly for any future court proceedings

A well-drafted response can end the dispute before it escalates.

4. Do nothing and wait

In rare cases, doing nothing is the right move — but only if you are confident the sender will not follow through, or if responding would give legitimacy to a frivolous claim.

This is risky. Most senders who go to the trouble of drafting a cease and desist will follow through if ignored.

When to get a formal legal response drafted

You should consider a formal response if:

• The claim is false or exaggerated, and you want it on record
• Compliance would harm your business, reputation, or livelihood
• The sender is threatening court action or an injunction
• You have a strong legal defence and want to shut the dispute down early
• The sender is a repeat vexatious complainant

A legal response is not about being aggressive. It’s about setting boundaries, clarifying your position, and signalling that you will defend yourself if necessary.

What not to do

Do not delete evidence

If this escalates to court, deleted emails, screenshots, or documents will look like you had something to hide. Preserve everything.

Do not admit fault unless you mean it

An apology or admission in writing can be used against you. If you are going to comply, do so clearly and finally. If you are going to fight, do not give them ammunition.

Do not respond emotionally

Angry, defensive, or sarcastic replies make you look unreasonable and can be tendered in court. Keep it professional.

Do not make counter-threats you cannot back up

Threatening to sue for defamation, harassment, or abuse of process only works if you are prepared to follow through. Empty threats weaken your position.

What happens after you respond

Once you send your response, the sender has three main options:

1. Drop the claim — if your response is strong, they may decide it’s not worth pursuing
2. Negotiate — they may come back with a counter-offer or a reduced demand
3. Escalate — they may file a tribunal or court claim, or apply for an injunction

If they escalate, you will need to defend the claim formally. Your response letter becomes part of the court record and shows you acted reasonably.

How Claim Done helps

If you have received a cease and desist letter and need to respond formally, ClaimDone’s Legal Response service prepares a structured reply based on the evidence you upload.

You complete a short intake form about the allegations, upload the cease and desist letter and any supporting documents, and ClaimDone’s Proprietary AI Engine drafts a response citing the applicable Australian law and your defences.

The response is prepared within 60 minutes for a flat fee of $79 — no hourly rate, no open-ended costs.

This works for:

• Defamation allegations where you have a defence
• IP claims where you dispute infringement
• Contract breach claims where the contract is unenforceable or you did not breach it
• Harassment claims where the conduct was lawful

For complex, high-value, or criminal matters, Claim Done will recommend you engage a qualified Australian lawyer.

Final checklist

If you have received a cease and desist letter:

• Do not ignore it
• Read it carefully and check the facts
• Assess whether the claims have legal merit
• Decide whether to comply, negotiate, dispute, or wait
• Get a formal response drafted if you are disputing the claim
• Preserve all evidence
• Stay professional in all communications

A cease and desist letter is the start of a process, not the end. How you respond sets the tone for everything that follows.

If you need to respond to a cease and desist letter, start your legal response now — Claim Done prepares a legally precise reply in 60 minutes for $79 flat fee.

Frequently Asked Questions

Is a cease and desist letter legally binding?

No. A cease and desist letter is a formal demand, not a court order. You are not legally required to comply, but ignoring it may lead to court proceedings or an injunction application.

Do I need a lawyer to respond to a cease and desist letter?

Not always. For straightforward disputes, ClaimDone’s Legal Response service can prepare a structured reply for $97. For complex, high-value, or criminal matters, engage a qualified Australian lawyer.

What happens if I ignore a cease and desist letter?

Ignoring it may strengthen the sender’s case, lead to an urgent injunction, or result in a tribunal or court claim being filed without further warning. It is usually better to respond, even if only to dispute the claim.

Can I be sued for defamation if I posted a truthful review?

Truth is a complete defence to defamation in Australia. If you can prove the statement was true, or it was an honest opinion clearly labelled as such, you have a strong defence. But the sender may still sue, and you will need to defend the claim.

How long do I have to respond to a cease and desist letter?

The letter will usually set a deadline — often 7 to 14 days. If no deadline is stated, respond within a reasonable time (usually within 14 days). Do not let it sit for weeks.