Libel and slander are civilly actionable offenses in which one person or entity causes damages to another by making untrue and defamatory statements. Libel refers to written statements while slander typically refers to oral statements. These types of claims are examples of torts, specific wrongs in which one person causes another person to suffer damages. Other examples of torts include negligence, fraud, or reckless endangerment. In the case of libel or slander, many victims don’t need compensation for the damages so much as they need for the libelous or slanderous activity to stop. A cease and desist letter can be an effective way for a claimant to stop defamation without resorting to litigation.
The Contents of a C&D Letter
A professionally prepared libel cease and desist letter is a formal demand to compel someone to stop defamation. It details when and how defamation occurred and addresses the claimants damages. According to Huntersure, the letter should indicate that the claimant has specific and sufficient evidence to litigate a claim if necessary.
The Effect of a C&D Letter
A C&D letter puts a potential defendant on notice that he or she may be sued for libel. It forces them to consider the risks of defamation from a legal perspective, and it may persuade them to stop any alleged wrongdoing to avoid time-consuming or costly litigation.