What Happens If You Ignore a Cease and Desist Letter?
Ignoring a cease and desist letter is not, by itself, illegal — the letter is a demand, not a court order. But 'no immediate penalty' is not the same as 'no consequences.'
Here's what really happens when a letter goes unanswered, and how to think about the risk.
Key takeaways
- A cease and desist letter is not a court order, so ignoring it carries no automatic penalty.
- But ignoring it documents that you were warned — which can be used against you if the matter escalates.
- In infringement cases, continuing after notice can increase your liability.
A letter is not a court order
A cease and desist letter by itself does not carry legal penalties — it is a demand, not a court order. You are not legally obligated to respond, and the stated deadline is set by the sender, not by law.
But ignoring it carries real risk
The letter documents that you were put on notice. If the conduct continues, the sender can use that record to escalate.
The risks of doing nothing
- The sender can seek a restraining order, file a complaint, or bring a civil lawsuit.
- Your failure to respond or stop can count against you.
- For infringement or contract matters, continuing after notice can increase your liability — in IP cases it can support a claim of willful infringement and higher damages.
- If a lawsuit follows and you ignore that too, you risk a default judgment.
What to do if you receive one
Read it carefully, don't retaliate, and consider responding or stopping the conduct. If the claim is serious or you disagree, see our guide on how to respond, or consult an attorney before the sender's deadline passes.
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Start your letterThis article is general information, not legal advice, and does not create an attorney-client relationship. Laws vary by state and situation — for a specific legal problem, consult a licensed attorney in your jurisdiction.