Are there statutes that prohibit an individual from texting another individual if the receiver request cease and desist with communications?

  • 2
    Harassment statutes probably have that effect in some jurisdictions.
    – phoog
    Mar 15, 2017 at 19:10

1 Answer 1


Cease and desist letters (and texts, emails, etc) are not legally binding. They are written threats that advise someone to stop some allegedly illegal activity (like sending texts, using a trademark, etc,) that is unwanted from a personal or business standpoint and in fact may or may not be illegal activity.

A cease-and-desist-letter is a cautionary letter sent to an alleged wrongdoer describing the alleged misconduct and demanding that the alleged misconduct be stopped. A cease-and-desist letter provides notice that legal action may and will be taken if the conduct in question continues. 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. Cease and Desist Letter - Cornell.edu

What happens to be unwanted may not be, in fact, illegal in some instances; that's why cease and desist letters are threats and have no legal weight in and of themselves. A cease and desist letter can threaten legal action, though.

Here's what a cease-and-desist letter is: It's one party's legal team informing you of its opinion of the law. It may seem threatening because it's possibly on a fancy law firm's letterhead, but at its core, it's only a strongly worded request. Legal How-To: Deciphering a Cease-and-Desist Letter

So sending a cease and desist text to someone to stop them texting you is not legally binding; you will have to follow up with possible legal action after being advised by a lawyer, or you can talk to a local LE officer or local prosecutor about the unwanted texts.

Unwanted texts could be illegal under the same type of statute as unwanted phone calls and emails. But any action that can be taken will depend on local and state laws on unwanted communications and different harassment statutes. Check your local laws with help from an lawyer or a free legal aid clinic.

  • A cease-and-desist letter can have legal ramifications, if recipient does not act upon it: cost allocation, presumption of intention of infringement, presumption of intention to continue infringement. Mar 16, 2017 at 7:43

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