Why calmness and legal advice are crucial
Received a cease and desist letter from Frommer Legal? Here's how to respond correctly!
The Schmidt family was shocked to return from vacation to find an unexpected letter in their mailbox. The sender: the law firm Frommer Legal from Munich. The contents: a cease-and-desist letter for alleged copyright infringement. A current movie was supposedly illegally distributed via their internet connection on a file-sharing network. The demand: payment of over 900 euros and the signing of a legally binding declaration to refrain from further infringement.
A scenario that affects dozens of households in Germany every day, causing enormous uncertainty. But what's really behind it, and how should you react if you're affected?
What are Frommer Legal accusing you of?
The core accusation in letters from Frommer Legal is usually copyright infringement through the unauthorized public distribution of a work via an internet file-sharing network. Special software is used to determine the IP address of the internet connection through which the infringement allegedly occurred. Based on this information, the internet connection owner is then identified and sent a cease-and-desist letter.
Typically, the demands include the submission of a legally binding cease-and-desist declaration and the payment of a lump-sum settlement amount, which is intended to cover both damages and the opposing party's legal fees.
The 3 most common and expensive mistakes in a cease and desist letter
Given the intense pressure exerted by the lawyer's letter, many affected individuals tend to react rashly. However, this can significantly worsen the situation
- Sign the enclosed cease and desist declaration: The declaration pre-formulated by Frommer Legal is often too broad and can be interpreted as an admission of guilt. Furthermore, by signing it, you are bound to a contract for 30 years, which can result in substantial contractual penalties for future violations.
- Paying the requested amount prematurely: Making a payment without legal review is tantamount to admitting guilt. Often, the amount of the claim is contestable, or you may not even be liable.
- Contacting the law firm directly: Any communication with the opposing party without legal counsel is risky. Ill-considered statements can later be used against you and weaken your negotiating position.
The right course of action: Remain calm and seek legal advice
If you have received a letter from Frommer Legal, calm and strategic action is required. First and foremost: note down the deadlines and do not let them pass! Contact a specialized lawyer immediately.
At the Kramarz law firm, we analyze your case and examine the legality of the cease-and-desist letter. Often, a modified cease-and-desist declaration can be drafted, providing you with legal protection without constituting an admission of guilt. Further information on this topic can also be found in our detailed article on cease-and-desist letters from Frommer Legal .
The law firm Kramarz, with attorney Christian Kramarz, LL.M., specialist in copyright and media law as well as information technology law, offers you over 15 years of experience. We will examine your individual situation and develop the best defense strategy for you.
Take advantage of our free initial telephone consultation to discuss your options. You can reach us at +49 6151 2768227 , by email at anfrage@kanzlei-kramarz.de , or via our contact page at kanzlei-kramarz.de/kontakt . Act now and receive professional support.
(RED/KRAMRZ)
