Well, no they don’t necessarily have to follow through with taking legal action. However, just because they haven’t done so yet doesn’t mean a process server won’t show up on your doorstep to serve you with a lawsuit. It is possible that they just hired the lawyer to send the letter and have decided after weighing the costs and strengths/weaknesses of their cause of action just not to pursue the matter. I will caution to be careful what you post. Obviously, I don’t know anything about the situation, but when using terms like “fraud” and “fraudulent,” you can get yourself in a legal gray area. Fact is an absolute defense to a defamation action. However, fraud is a legally technical term and, therefore, using it could and I stress could give some clout to a lawsuit. All that said – to answer your question directly – no, they don’t have to follow through on their cease and desist letter.
Answered on Mar 04th, 2014 at 2:01 PM