Lonesome Disease – For example, claiming an individual has an STD.Business or Profession – Harming the reputation of a business.Criminal conduct – Claiming someone was convicted of a crime or labeling them as a criminal.This is the most common and is broken down further into four (4) subcategories: Per Se – The damages are so widespread that the plaintiff cannot prove actual damages.The plaintiff would be able to show actual damages to the comments that were made. For example, if a speaker has a stadium sold out and, after false statements are made, the ticket-holders begin to demand refunds. Per Quod – Plaintiff can prove actual damages.How to Write a Defamation Cease and Desist.The term “defamation” means any action or other proceeding for defamation, libel, slander, or similar claim alleging that forms of speech are false, have caused damage to reputation or emotional distress, have presented any person in a false light, or have resulted in criticism, dishonor, or condemnation of any person.
If there is no response by the other party or a retraction of the statements is rejected, the harmed party should seek full damages for the falsehoods made. Furthermore, a full retraction of the statements should be requested.
The letter should outline the specific statements that were made and how they are affecting the reputation of the person or business.
A defamation cease and desist letter is sent to record and report false or erroneous claims that result in the defamation of character in an individual or business entity.
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