Dealing with persistent unwanted contact in a business context: a step-by-step guide

Persistent unwanted contact in a business context is more common than many businesses realise, and more legally significant than many people appreciate. Whether it comes from a former client who refuses to accept that an engagement is over, a rejected business partner, or someone with an unresolved grievance, dealing with it requires a structured, documented approach. Sporting clubs see the same pattern from parents; see our guide for volunteer coaches.

This guide provides a clear step-by-step escalation path from informal management through to legal options. Our guide to threatening messages from a former employee covers one common source.

What constitutes persistent unwanted contact

Persistent unwanted contact in a business context involves repeated, unwelcome communications directed at a business or its staff after they have indicated the contact is not welcome. This might include:

• Repeated calls, emails, or messages that are not responded to
• Contact that continues after a clear written request to stop
• Contact directed at staff members individually after being asked to direct communications through official channels
• Contact through multiple channels simultaneously
• Contact that escalates in frequency or intensity over time

The legal significance of persistent unwanted contact depends on the content of the messages, the frequency, and whether the sender has been made aware the contact is unwanted. A pattern of contact that causes fear or distress to staff can constitute harassment or stalking under Australian state legislation. The threshold varies by state, and a lawyer can tell you whether it applies in your case. In the US, harassment and stalking laws also vary by state.

A step-by-step escalating response

An escalating response is generally more effective than jumping immediately to legal action. It demonstrates reasonableness, creates a record, and gives the other party an opportunity to stop before consequences become serious.

Step 1: Limit engagement and document

Stop engaging with every message. Assign one person to monitor the contact and log it. Preserve all messages with metadata. Do not delete anything. Do not respond informally or emotionally.

Step 2: One clear, written acknowledgement

Send one clear, professional message (from your business email, not a personal account) stating that the contact is unwanted and requesting it stop. Keep it brief and factual: “All further contact should be directed to [lawyer/formal channel]. Direct contact with our business and staff is not appropriate and will not receive a response.” It also puts on record that the sender knows the contact is unwanted, which can matter later.

Step 3: Silence and ongoing documentation

After that written acknowledgement, maintain silence. Continue documenting all incoming contact. Do not respond. The absence of a response, combined with the documented continuation of contact, builds a clear record.

Step 4: Formal written notice

If contact continues, escalate to a formal written notice, ideally from your business letterhead or your lawyer. Notices like this usually state clearly that the contact is unwanted and what you will do if it continues. A lawyer can help with the wording, especially before you describe the contact as harassment or mention legal action. Deliver it by post with tracking or by email with delivery confirmation.

Step 5: Cease and desist letter from a lawyer

A cease and desist letter is a formal legal document drafted by your lawyer, demanding that the recipient stop specific conduct. It carries more weight than a business letter and signals that you are prepared to follow through with legal action. See our guide on cease and desist letters for more on when this is appropriate and what it should contain. In the US, our guide to cease and desist letters for harassment explains the basics.

What a formal written notice should contain

A formal written notice to someone making persistent unwanted contact should include:

• The date and who it is from and to
• A brief factual statement of the contact you have received and when
• A clear statement that the contact is not welcome and must stop
• The specific channel through which any legitimate communications should be directed (your lawyer, a formal complaints process)
• A clear statement of what you will do if the contact continues (refer to police, seek legal action)
• No emotional content, speculation, or personal attacks

Cease and desist: what it is and when to use it

A cease and desist letter is drafted by a lawyer and demands that specific conduct stop. It is generally not legally binding in the sense that the recipient cannot be prosecuted solely for ignoring it. However, it serves important purposes:

• It creates a formal, lawyer-authored record that the contact is unwanted and the recipient has been warned of legal consequences
• It signals seriousness: recipients often take it more seriously than a business letter
• It can help any later legal action by showing you escalated through appropriate channels
• It sometimes resolves the situation without the need for further legal action

Legal action options

If contact continues after a cease and desist, options in Australia can include:

• Personal safety intervention orders (or equivalent in your state): civil court orders that can prohibit specific contact with named individuals
• Injunctions: civil court orders restraining specific conduct, typically sought in the Supreme Court of your state
• Police complaint: if the contact constitutes harassment or stalking under criminal law, police can investigate and potentially charge the sender
• Civil damages: if the persistent contact has caused financial harm (interference with business relationships, for example), a civil damages claim may be available

A lawyer can tell you which, if any, fits your situation. In the US, the options are broadly similar but vary by state, and include protective or restraining orders (our US guide explains the basics).

Protecting yourself practically

Our guide to hostile business communication tools explains what each option can and cannot do. Alongside the legal escalation path, practical protective measures reduce the impact of persistent contact:

• Route incoming contact from the sender through a filtered channel so it doesn’t reach staff directly
• Remove the sender’s ability to contact individual staff if possible (block on individual platforms where appropriate)
• Update public-facing contact details if they need to remain accessible to new contacts but you want to separate them from the persistent sender
• Brief relevant staff on the situation so they don’t inadvertently engage with the sender
• Ensure your CCTV and building access systems are functioning if there is any risk of in-person contact