Remove Alternative Choice to the Certification Of Cease And Desist and eSign it in minutes

Aug 6th, 2022
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How to Remove Alternative Choice to the Certification Of Cease And Desist

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hey guys welcome to this video my name is john watts im a consumer protection lawyer and i want us to look at cease and desist letters and specifically what does the fdcpa the fair debt collection practices what does it actually say about cease and desist letters and part of the reason i want us to look at this is sometimes theres confusion so for example that expression cease and desist is actually not in this particular section of the fdcpa and there was a judge one time that a consumer wrote a letter to a debt collector said i refuse to pay you this debt and then the debt collector continued to call and write until the consumer sues and said hey youre supposed to stop communication and judge said no no no i dont like what you did you got tricky there you have to say cease and desist well again thats not actually in the law and whats actually in the law is i refuse to pay that means they cannot communicate with you any further so lets look at the actual law here and before we

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Remember, a cease and desist letter is not legally binding like a cease and desist order from a court or government agency. Its purpose is to alert the recipient that you are aware of an alleged violation and may be prepared to take legal action to protect your rights.
A cease and desist order is an order by an administrative agency that requires certain practices specified to stop. It is used in Labor and Employment Law, Security Law, Education Law, and a lot of other areas of law. Typically, an administrative judge has the discretion to decide over the issuance of the order.
Such letters are usually written by attorneys and are often sent to stop alleged or actual infringement of intellectual property rights, such as copyrights, trademarks, and patents. A cease-and-desist letter may also be used to warn the wrongdoer against harassment, slander, libel, as well as contractual violations.
Therefore, in cases of trademark or copyright infringement, do not jump the gun and fire off a cease and desist. Rather, call or send a respectful letter detailing your rights and requesting the other party to reconsider their use.
A cease and desist letter has no legal standing. It is merely a warning and a request to stop the offending behavior before legal action is taken. If the party continues the offending activity, the letter may help you get a cease and desist order, which is granted by the court.
Even if the sender demands or requires action, cease and desist letters are not summons and complaints. The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed. Instead, the letter is a warning of sorts.
There are two different kinds of cease-and-desist orders: Summary cease and desist: This is an order issued before a hearing or without any type of judicial proceedings. Final cease and desist: This is when the order becomes final.
To cease something is to halt, or stop it. To desist is to not do that activity ever again in the future. When someone receives a cease and desist letter, it is a warning to that person that legal action may be forthcoming.

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