Can You Claim Compensation for Nuisance Calls?
The short answer is yes - it is legally possible to claim compensation for emotional distress caused by nuisance calls. Under Article 709 (tort) and Article 710 (compensation for non-property damage) of the Civil Code, you can seek damages from the perpetrator if you suffered psychological harm from nuisance calls.
However, receiving one or two nuisance calls is unlikely to support a compensation claim. For a court to award damages, it must assess the frequency, duration, content, and impact of the calls and determine that the conduct "exceeded the bounds of what is socially acceptable." Evidence collection is the decisive factor in whether a lawsuit succeeds or fails.
How the Amount Is Assessed, Category by Category
There is no published table of standard compensation amounts compiled from court decisions. The award turns on the frequency, duration, and content of the calls and on the concrete impact on the victim, so the range across cases is wide. The categories below set out what drives the figure.
Stalker-Type Nuisance Calls
When persistent calls from an ex-partner or acquaintance are recognized as stalking behavior, a compensation claim becomes viable. Higher frequency and longer duration tend to push the amount higher, and threatening content is a further aggravating factor.
Where the calls caused insomnia or similar symptoms and forced the victim into psychiatric treatment, that can be argued as a factor increasing the award. Documentation tying the symptoms to the calls, such as a medical certificate, is what makes the argument stand up.
Business Disruption Calls
When repeated nuisance calls to a store or company disrupt operations, the focus shifts from consolation money for emotional distress to the losses caused by the disruption itself. Personnel costs for handling the calls and lost business opportunities can be claimed, but how much is recognized depends on how well the loss is documented. Emotional distress suffered by an individual employee is treated as that employee's own separate claim.
When workplace nuisance calls seriously affect operations, the claim tends to be larger than for an individual victim, but the outcome hinges on whether records substantiating the loss exist.
Illegal Telemarketing
Telemarketing that violates the Specified Commercial Transactions Act (calling repeatedly despite refusal, failing to disclose the solicitation purpose, etc.) can be challenged on the basis of Article 17 of that Act, which prohibits re-solicitation of a person who has stated that they will not enter into a contract. Recording when and how you expressed your Do Not Call intent is the foundation for arguing illegality. Because the loss per individual tends to be modest, multiple victims sometimes sue jointly.
Litigation Costs
Suing a nuisance caller involves the following costs:
- Attorney fees: usually a retainer plus a success fee. How the amounts are set differs by firm, so obtain an estimate before engaging counsel
- Court fees: a stepped scale based on the claim amount. Under Appended Table 1 of the Act on Costs of Civil Procedure, the portion of the claim value up to 1,000,000 yen is charged 1,000 yen per 100,000 yen
- Identifying the caller: if all you have is the number, you need a lawyer to file a bar association inquiry (Article 23-2 of the Attorney Act), which adds to the legal fees
- Evidence collection costs: recording equipment, private investigator fees, etc.
The "caller information disclosure request" used for online postings does not apply here. That regime covers transmissions intended for reception by unspecified persons, so one-to-one phone calls fall outside it. To trace a subscriber from a phone number, the entry point is a bar association inquiry, which is available only for a case a lawyer has already been retained for. Even then, the bar association may decline the request if it considers it inappropriate. Court precedents and government interpretation hold that the party receiving the inquiry should respond, but answers are not always obtained, for reasons such as the secrecy of communications.
Stacked together, these costs can approach the compensation a court might award, so the cost-effectiveness is not always favorable. Before committing to litigation, have a lawyer estimate both the likely award and the costs.
Small Claims Court as an Option
Small claims court is a simplified summary court procedure for claims seeking payment of money of 600,000 yen or less (Article 368 of the Code of Civil Procedure). You can represent yourself without a lawyer, and a judgment is normally rendered in a single hearing. Fees follow the same stepped scale as regular proceedings, so a small claim stays in the low thousands of yen.
The advantages of using small claims court for nuisance call compensation are lower cost and time savings. However, there are limitations:
- Claims are capped at 600,000 yen
- The defendant's address must be known
- If the defendant requests transfer to regular proceedings, the case can no longer be heard as a small claim
- The number of small claims you may bring in the same summary court in one year is capped (at ten, under the proviso to Article 368 and the Rules of Civil Procedure)
Alternatives to Litigation
Litigation is a last resort. Considering cost-effectiveness, explore these options first:
- Certified mail: A certified letter sent in a lawyer's name often stops the calls on its own. If you send it yourself, the certification surcharge is 480 yen on top of postage (revised October 2024, with 290 yen added for each page after the first), and it must be sent by registered mail
- Police consultation: Consult the police consultation hotline (#9110) and have the police warn the caller
- Call blocking: Physically block incoming calls using nuisance call blocking methods
- ADR (Alternative Dispute Resolution): Use a dispute resolution center operated by a bar association. Whether a filing fee applies, and how much it is, varies by institution, so check before filing
The priority with nuisance calls is "making them stop." Compensation is secondary. Start with call blocking and a police consultation, and consider legal action only if those measures fail. Securing evidence following the legal guide to call recording will put you in a strong position if litigation does become necessary.
Without Evidence You Cannot Win - Required Evidence Checklist
Evidence is the single most important factor in a nuisance call damages lawsuit. No matter how severe your suffering, the court will not award compensation without objective proof. Conversely, with sufficient evidence, even a self-represented litigant has a real chance of winning. The way compensation is assessed, discussed earlier, presupposes that such evidence exists. Below is a priority-ordered checklist of the evidence needed for litigation.
Call Recordings - The Most Powerful Evidence
Recordings of nuisance call content are the most powerful evidence in litigation. They directly prove the caller's illegal conduct - threatening language, re-solicitation in defiance of a refusal, false statements. As explained in the legal gray zone of call recording, secret recording by a call participant is legal in Japan and admissible in court. Keep original recordings unedited. Include the date, time, and caller number in the file name for easy organization.
Call History - Proving Frequency and Continuity
Smartphone call history screenshots are fundamental evidence proving the frequency and continuity of nuisance calls. Showing how many calls came from the same number over how many days creates a compelling picture of the caller's malicious intent. Call detail records obtained from your carrier carry greater official weight than screenshots and enhance evidentiary credibility. Because carriers erase these records after a certain period, obtain them as soon as you notice the problem.
Record of Refusal
When basing your claim on a re-solicitation ban violation under the SCTA, proving that you refused is essential. The most reliable method is to send a certified mail notice stating "I refuse all further telephone solicitation" and keep the receipt. Certified mail provides postal service certification of the content and mailing date, blocking any claim by the defendant that they never received the notice. A clear refusal captured in a call recording also serves as evidence of your intent.
Medical Certificate - Proving Psychological Harm
If nuisance calls caused insomnia, anxiety disorder, depression, or other psychological symptoms, a certificate from a psychiatrist or psychosomatic medicine specialist is extremely effective for increasing the compensation amount. Ask the doctor to include the nature of the symptoms, the onset date, and their medical opinion on the causal link to the nuisance calls. Copies of medical receipts and prescriptions also serve as evidence of actual treatment costs.
Work Logs and Attendance Records - Proving Business Disruption
If workplace nuisance calls disrupted operations, work logs and attendance records serve as the basis for calculating lost profits. Specific entries like "March 15, 10:15-10:20, meeting interrupted to handle sales call" allow you to quantify the disruption. Tallying the time reception staff spent handling nuisance calls and converting it to an hourly rate is another effective approach.
Other Supporting Evidence
In addition to the primary evidence above, the following materials serve as supporting evidence: a "victim log" documenting the content and your responses to nuisance calls in chronological order; written statements from third-party witnesses such as family members or colleagues; receipts for call blocking equipment or services purchased as countermeasures (proof of actual expenses); and copies of consultation records from consumer affairs centers or the police. Evidence depends on "volume" and "continuity" - a single call record is insufficient. Accumulate at least two weeks' worth of records, ideally one to three months, before considering litigation. See also the detailed evidence collection guide.