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Cease and desist e-mail

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reese.patterson

Junior Member
I received a cease and desist letter from a out of state law firm asking me to cease selling merchandise and pay them for damages. What would happen if I just signed the form and paid them? I just want them to leave me alone, but if I pay them, would that make things worse? I can't really afford a lawyer and don't want any lawsuits. I just want this to go away.
 


reese.patterson

Junior Member
I sell on ebay a lot (want to make it my full time job eventually) and I bought some p90x workout systems not knowing until after that they were counterfeit (or so i'm told). I didn't sell that many and they only want $900 which is twice what I made. So, I don't think it pays to get a lawyer unless they can come after me again (even if I do stop selling the systems).
 

justalayman

Senior Member
Paying the money would be a reasonable remedy but you need to have them provide an adequate release of all claims prior to whatever date they contacted you simply to prevent any subsequent actions.


I caution you to not be disrespectful or adversarial in your request simply due to the fact they have no obligation to first, not sue you and second, provide such a release. As business people, they will understand the request for a release of claims for actions prior to their contact for the payment you are willing to send them and should have no problem providing such a release.

If you have any stock left, you might offer to allow them to pay the shipping charges to have them delivered to them, if they would care for that. Obviously they are not going to reimburse you for them though.

Now, if you want, you would have an action against the party that sold them to you. If you are considering such an action, I would request to reserve one of the units as evidence for the subsequent court action that may ensue. Other than that, I would want them to understand you have no intent on selling an illegal copy of their product again and the offer to send the remaining stock to them would be a show of such intent.

btw: you are the third person that has been involved in a scam involving p90x that I have seen on this forum. I do not know where this scam is coming from but if it were me, I would seek to report this to any government agency that might be interested as well as offering to assist the rightful owner in an endevour to find and prosecute the scam originators.
 

reese.patterson

Junior Member
Well I have every intent to send them the money, and have in no way been disrespectful. I do not have any stock left. And I have no intent to sue my supplier as they were from china (this should have been a clue to me, but I was new at the wholesale thing and didn't know) and probably can't. I have to fill out a form which includes how many pieces I sold, my profit and my supplier.

So, are you saying that I can just send the payment in and as long as I never sell the systems again this will go away?
 

justalayman

Senior Member
that is why I suggest seeking a release. If they provide you a release of all claims as I stated, while they could try to sue you for some point not addressed, they would have difficulty winning.

the bottom line is they want to protect their product and generally companies in this situation are satisfied with what they offer as a full resolution. If they really wanted to sue you, they would simply sue you.

The one thing you are doing by filling out their questionnaire/statement is admitting to your crime. Now, very simply, they could go "hey, we didn't know he sold this many" and want more money so you need to seek a release in exchange for the payment they requested.

So, are you saying that I can just send the payment in and as long as I never sell the systems again this will go away?
there are absolutely no absolutes in the legal world.

you want a release of any further claims against you. They are business people. They know the game.
 

reese.patterson

Junior Member
Okay so do I need a lawyer to help me with the release? Or can I write them a letter asking for a release, and if they say no then contact a lawyer? What should I say when I contact them? That it won't happen again and give them my suppliers contact info?
 

justalayman

Senior Member
I would not think a lawyer would be necessary but it never hurts (except around the hip pocket area).

I would write something to the effect of:
----------------

I am more than willing to accept your offer of providing the information requested as well as paying you the amount of $900 to resolve this situation. In return, I request you provide me with a release of all claims by you against me prior to [date of contact]. While I realize I have no position to demand anything, I believe it is only prudent to obtain a release of claims as proof of our understanding of the intent of my disclosure and payment.
------------------

I would provide no more facts than have already been disclosed without the release if at all possible. As I said, I doubt they intend on suing you but as I also said, if they are not clearly aware of the quantity you have sold, they could change their minds once that was disclosed. I am not a mind reader.

As previously stated, generally the companies involved simply want to rid the market of fake copies and let all be aware they will act to protect their property. They make money by selling legit copies, not generally from suing people.
 

reese.patterson

Junior Member
I'm also wondering, what happens if the lawyers don't respond to my e-mail asking for a release of claims? I sent it out on saturday via e-mail (we have been contacting each other this way) and have heard nothing up to today. How long should I wait, and when should I contact a lawyer?
 

justalayman

Senior Member
Today in Monday. Unless you have had contact with them over the weekend before (as in they actually did anything about this on a weekend day), I wouldn't expect anything this soon.
 

reese.patterson

Junior Member
Well now it's Wednesday and I sent them another e-mail last night politely asking the same thing. Now I feel like they are ignoring me on purpose and don't want to give me this release letter. I'm thinking I should contact a lawyer now, although I really don't want to.

I'd give them more time to respond but I have until the 17th to send in the money. Anymore suggestions?
 

justalayman

Senior Member
as to them ignoring you. I doubt you are the only concern they have so yes, you may be being ignored or they may just be busy and not been able to return a contact.

Do you have any sort of business name, name of person that sent the letter, anything you might be able to use to research a phone number?

other than that, contacting an attorney would be prudent considering the time constraints.
 

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