[KY] Can I send a cease and desist via Facebook to stop harassment through my business channels?

KY Legal (General)

Brandon

16,155 satisfied customers

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1. You absolutely have grounds to send a cease and desist letter.

The husband’s behavior checks several boxes that justify a written demand to stop:

He was already blocked on your personal line.
He then sought out alternate channels to contact you.
He used your business Facebook account to continue sending messages about personal drama and legal threats.
His conduct interferes with your ability to use your business communication channels for their intended purpose.

You do not need to prove that the content is defamatory or dangerous to send a cease and desist. Unwanted and inappropriate personal contact through business channels is sufficient.

In Kentucky, you are permitted to issue a cease and desist letter for harassment, intrusion upon seclusion, interference with business, and even for creating a hostile business environment. While this isn’t an employment case, the theme is the same: someone is using your business resources in a way that is disruptive and unwanted.

2. Mixed-use channels do not prevent you from setting boundaries.

It is completely normal for small business owners and sole proprietors to have some overlap between personal and business communications. The fact that your phone number or email is used for both does not give anyone permission to misuse it.

You can still draw a clear line by stating that:

He is not permitted to contact you about personal matters through any business channel.
He is not permitted to use your business platforms to threaten litigation or harass you.
Any legal matters must be directed to your lawyer only.

Even if the phone number is mixed use, you can restrict subject matter. What matters is purpose, not medium.

3. His “legal threat” does not prevent you from demanding he stop contacting you.

Sometimes people think that threatening to sue someone gives them unlimited permission to contact that person. It doesn’t. If he believes he has a real legal claim, he must send it to your attorney, not harass you through Facebook.

Your right to be free from harassment is not waived just because he mentions something legal.

4. Delivery through Facebook is acceptable, but consider two methods.

Since he contacted you through Facebook, you can respond there with the cease and desist. That creates a direct, documented notice.

For your own protection, you may also want to send a copy:

By email (if you have his email).
Or by certified mail if an address becomes available later.

This helps demonstrate that he received the notice and ignored it, if the behavior continues.

5. How your cease and desist letter should sound in this situation.

Given the personal and escalating nature of the situation, your letter should:

Stay calm, factual, and non-accusatory.
State that you have blocked him on personal channels and he continued to use your business channels.
Explain that his communication is unwanted and inappropriate.
Direct him to send any legal concerns to your attorney only.
Demand that he stop all communication to your business accounts immediately.
Warn that further contact may result in reporting his conduct to law enforcement for harassment.

Cease and Desist Letter Template

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A person who has a personal issue with me, is using my business channels such as facebook page and email address, to try to talk with me about private matters. I am a sole proprietor LLC but have requested to the person that they send any legal matters to my lawyer. They continued to reach out to me through my facebook page anyways. Am I able to send them through the facebook page a digital PDF of the cease and desist?

Lexi, Chatbot

I understand how frustrating it can be to deal with unwanted communication, especially when it involves your business. Have you already formally communicated your request for them to stop contacting you through these channels?

I don’t know.

Lexi, Chatbot

Is there any ongoing legal action or documentation related to this issue that the Criminal Lawyer should be aware of?

No.

Lexi, Chatbot

Which state are you in? This will help me provide the most accurate legal guidance.

Kentucky.

Brandon

Hi there, and welcome. My name is Brandon, and I'm an attorney. I'll be happy to help you out today. Please note that this discussion is for guidance only and does not constitute an attorney-client relationship. My answers and comments should not be considered legal advice. Please also note that I am human, that I often need to research your answer to give you an accurate response, and that I work with other customers and get up from time to time. So please be patient while waiting for a response. Please feel free to reach out if more than 30 minutes have passed.

Has this person made any threats, defamatory statements, or attempts to damage your business reputation through these channels, or is it limited so far to unwanted personal communications?

Unwanted personal communications, it’s a nasty relationship drama/issues. There is a female who I was dating, she suddenly cut ties with me and got married to another man. The husband made legal threats to me on my personal/business mixed phone number so I blocked him. He proceeded to continue messaging me on my business Facebook account. So I want to see if I have grounds to send him a C&D to not use any of my business channels like email, phone number, etc. A lot of it is mixed use however.

Brandon

1. You absolutely have grounds to send a cease and desist letter.

The husband’s behavior checks several boxes that justify a written demand to stop:

He was already blocked on your personal line.
He then sought out alternate channels to contact you.
He used your business Facebook account to continue sending messages about personal drama and legal threats.
His conduct interferes with your ability to use your business communication channels for their intended purpose.

You do not need to prove that the content is defamatory or dangerous to send a cease and desist. Unwanted and inappropriate personal contact through business channels is sufficient.

2. Mixed-use channels do not prevent you from setting boundaries.

You can still draw a clear line by stating that:

He is not permitted to contact you about personal matters through any business channel.
He is not permitted to use your business platforms to threaten litigation or harass you.
Any legal matters must be directed to your lawyer only.

Even if the phone number is mixed use, you can restrict subject matter. What matters is purpose, not medium.

3. His “legal threat” does not prevent you from demanding he stop contacting you.

Your right to be free from harassment is not waived just because he mentions something legal.

4. Delivery through Facebook is acceptable, but consider two methods.

Since he contacted you through Facebook, you can respond there with the cease and desist. That creates a direct, documented notice.

For your own protection, you may also want to send a copy:

By email (if you have his email).
Or by certified mail if an address becomes available later.

This helps demonstrate that he received the notice and ignored it, if the behavior continues.

5. How your cease and desist letter should sound in this situation.

Given the personal and escalating nature of the situation, your letter should:

Stay calm, factual, and non-accusatory.
State that you have blocked him on personal channels and he continued to use your business channels.
Explain that his communication is unwanted and inappropriate.
Direct him to send any legal concerns to your attorney only.
Demand that he stop all communication to your business accounts immediately.
Warn that further contact may result in reporting his conduct to law enforcement for harassment.

Brandon

This approach shows firmness without inflaming the situation.

Awesome! Thank you so much. Are you able to help me make such a document or I have to make it myself?

Also am I allowed to serve the cease and desist myself or does someone else have to do it on my behalf, and if someone else has to do it on my behalf can it be any person or they have to be a part of my company?

Brandon

No, I am not able to assist. You have to find a local attorney.

Thank you! That will be all for me.

Brandon

You are welcome. I wish you the best.

Brandon

16,155 satisfied customers

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