Post 4 of 4
Here’s a sample cease and desist letter for harassment, defamation, and interference with business opportunities:
DATE
NAME & ADDRESS OF RECIPIENT
Re: DEMAND TO CEASE AND DESIST
Dear [name],
You are hereby directed to CEASE AND DESIST ALL HARASSMENT AND DEFAMATION OF [YOUR NAME] AND CEASE AND DESIST ALL INTERFERENCE WITH MY BUSINESS OPPORTUNITIES.
I am a respected professional in the community and have spent years building a positive business reputation. I have collected evidence showing that you have engaged in making false, destructive, and defamatory statements against me and my business and have maliciously attempted to interfere with my business. Screen shots of your statements are attached.
Under Maryland law, it is unlawful to engage in defamation of another’s character and reputation, and unlawful to interfere with business relationships. A defamatory statement is one “which tends to expose a person to public scorn, hatred, contempt or ridicule, thereby discouraging others in the community from having a good opinion of, or associating with, that person." See Offen v. Brenner, 402 Md. 191 (2007), quoting Smith v. Danielczyk, 400 Md. 98, 115 (2007). Maryland is a per se state. Defamation per se means that the contested statements are inherently defamatory and a plaintiff does not have to prove actual damages to prevail in court.
Malicious interference with business relationships consists of behavior that “broadly, maliciously or wrongfully [interferes] with economic relationships in the absence of a breach of contract.” See Kaser v. Fin. Prot. Mktg, Inc., 376 Md. 621, 628 (2003); see also, e.g., Natural Design, Inc. v. Rouse Co., 302 Md. 47 (1984). Furthermore, it is unlawful to harass another individual and to misuse electronic communications for the purposes of harassment and other unlawful activities. See Maryland Code Annotated, Criminal Article, §3-803, §3-805.
Your defamatory statements on my social media accounts and about me on other social media accounts, including statements urging other individuals and entities to cease doing business with me, as well as your attempts to report and block me from these platforms (which are required for the conduct of my Designs business), constitute harassment, defamation, and malicious interference with business relationships. Your attempts to convince [name of website, company, magazine, etc.], a company with which I do business, to cease its relationship with me and your comments on [company’s] social media accounts are particularly egregious.
Accordingly, I demand that you (1) immediately cease and desist your unlawful defamation of me and your unlawful interference with my business relationships; and (2) provide me with prompt written assurance within ten (10) business days that you will cease and desist from further defamation and further malicious interference with my business relationships.
If you do not comply with this cease and desist demand, I am entitled to seek monetary damages and equitable relief for both your defamation and your interference with my business relationships. In the event that you fail to meet this demand, I will promptly pursue all available legal remedies, including filing a police report regarding your electronic harassment and seeking monetary damages (actual and punitive), injunctive relief, and an order that you pay court costs and attorneys’ fees.
Before taking these steps, however, I want to give you one opportunity to discontinue your unlawful conduct by complying with this demand within ten (10) business days. Accordingly, please sign and return the attached Defamation Settlement Agreement to me at the address shown at the top of the first page of this letter.
Sincerely,
[Your name]
[Your address]
Settlement Agreement for Defamation and Malicious Interference with Business Relationships
I, [name of other party], agree to immediately cease and desist defamation of [your name’s] character and reputation and cease and desist malicious interference with [your name’s] business relationships. In exchange, [your name] shall release me from any and all claims against me for defamation, harassment, and malicious interference with business relationships. In the event this agreement is breached by me, [your name] will be entitled to costs and attorney’s fees in any action brought to enforce this agreement and shall be free to pursue all rights that [your name] had as of the date of this letter as if this letter had never been signed.
NEXT TIME: Demand letter for payment