When a C&D Lands in Your Inbox
A cease and desist letter is often the first warning shot before litigation. But not all C&D letters are created equal—and not all deserve the same response. Some represent legitimate legal claims requiring immediate compliance. Others are pure intimidation tactics from parties who know they'd lose in court but hope you'll back down anyway.
The challenge is distinguishing between them, and this hub gives you the tools to do exactly that.
Most C&D letters include a deadline—typically 7 to 30 days. Missing this deadline doesn't automatically trigger a lawsuit, but it does signal to the sender that you're either unprepared or ignoring them. Either perception weakens your position.
What's in the C&D Response Hub
I built this hub to cover the most common categories of cease and desist letters—with specialized guidance for each type.
The Interactive Tools
C&D Response Generator
Answer a series of questions about your situation, and the tool generates a customized response letter addressing the specific claims raised against you. Covers 8 different C&D types with appropriate legal defenses for each.
Triage Assessment
Not sure how serious the threat is? The triage tool evaluates your C&D based on:
- Sender credibility (law firm vs. individual, specific claims vs. vague threats)
- Legal merit (does the claim have a factual/legal basis?)
- Deadline urgency (how much time do you have?)
- Potential exposure (what happens if you ignore it?)
You'll get a risk rating and recommended next steps.
Key Legal Concepts
The Anti-SLAPP Framework
In California and many other states, defendants in certain lawsuits can file an Anti-SLAPP motion (California Code of Civil Procedure § 425.16) to strike frivolous claims that target protected speech. The key is understanding when a pre-litigation C&D constitutes "speech" that triggers Anti-SLAPP protection—and when it crosses into unprotected conduct like extortion.
- Flatley v. Mauro — Extortion exception to litigation privilege
- Navellier v. Sletten — Two-prong Anti-SLAPP test
- FilmOn.com v. DoubleVerify — Commercial speech limitations
Section 230 and Online Content
If you're being threatened over third-party content on your platform—user reviews, forum posts, or aggregated data—Section 230 of the Communications Decency Act (47 U.S.C. § 230) may provide immunity. But Section 230 has limits: it doesn't protect your own content, and recent case law has carved out exceptions for certain types of third-party liability.
The Consumer Review Fairness Act
The CRFA (15 U.S.C. § 45b) voids contract provisions that prohibit or restrict honest reviews. If you're receiving a C&D over a negative review and your contract had a "non-disparagement" clause, that clause may be unenforceable—and the sender may face FTC action.
Response Strategies
The hub covers six primary response approaches:
- Ignore — Appropriate only when the threat is clearly baseless and sender lacks resources to litigate
- Deny and Defend — Assert your legal position firmly; appropriate when you have strong defenses
- Seek Clarification — Request specifics when the C&D is vague or overbroad
- Partial Compliance — Address legitimate concerns while preserving your rights on other issues
- Negotiate — Work toward a mutually acceptable resolution without admitting liability
- Counter-Offensive — When the C&D itself is unlawful (extortion, abuse of process, tortious interference)
When to Get Legal Help
The hub provides substantial self-help resources, but certain C&D situations require attorney involvement:
- The sender is a well-funded company or major law firm
- The claims involve federal court jurisdiction (patent, copyright, Lanham Act)
- Your potential exposure exceeds $50,000
- You're facing a regulatory complaint or professional licensing threat
- The deadline is less than 7 days away
- You want to explore counterclaims or fee recovery
For personalized guidance on responding to a cease and desist letter, contact me at owner@terms.law.