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.
Compensation Benchmarks from Past Court Decisions
Stalker-Type Nuisance Calls: 300,000 - 1,000,000 Yen
When persistent calls from an ex-partner or acquaintance are recognized as stalking behavior, compensation typically ranges from 300,000 to 1,000,000 yen. Higher frequency (10+ calls per day) and longer duration (several months or more) tend to push the amount higher. Threatening content further increases the award.
In a 2020 Tokyo District Court case, a woman who received an average of 15 calls per day from an ex-partner over three months was awarded 800,000 yen. The fact that the victim developed insomnia and required psychiatric treatment was a key factor in the higher amount.
Business Disruption Calls: 500,000 - 2,000,000 Yen
When repeated nuisance calls to a store or company disrupt operations, the victim can claim not only consolation money but also lost profits (business damages). Personnel costs for handling the calls, lost business opportunities, and employee psychological burden may all be recognized as compensable harm.
When workplace nuisance calls seriously affect operations, total damages can reach 500,000 to 2,000,000 yen.
Illegal Telemarketing: 100,000 - 300,000 Yen
Compensation for telemarketing that violates the Specified Commercial Transactions Act (calling repeatedly despite refusal, failing to disclose the solicitation purpose, etc.) typically ranges from 100,000 to 300,000 yen. While relatively modest for individual claims, class actions involving multiple victims are also possible.
Litigation Costs
Suing a nuisance caller involves the following costs:
- Attorney fees: retainer of 100,000 - 300,000 yen + success fee (10-20% of the award)
- Court fees: several thousand to tens of thousands of yen depending on the claim amount
- Caller information disclosure request: 200,000 - 500,000 yen if the caller is unknown
- Evidence collection costs: recording equipment, private investigator fees, etc.
Total litigation costs are at least 300,000 - 500,000 yen. Given that compensation benchmarks range from 300,000 to 1,000,000 yen, the cost-effectiveness is not always favorable.
Small Claims Court as an Option
Small claims court is a simplified procedure available for monetary claims of 600,000 yen or less. You can represent yourself without a lawyer, and a judgment is typically rendered in a single hearing. Court fees are just a few thousand 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
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. Cost: approximately 30,000 - 50,000 yen
- 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 mediation through a bar association or consumer affairs center. Cost: several thousand to tens of thousands of yen
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. Introductory law books can also help you build foundational knowledge.
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. 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. Obtain records covering the past three to six months.
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.