Legal Options Against Nuisance Calls
When call blocking and reporting alone fail to stop persistent nuisance calls - especially from businesses that ignore the re-solicitation ban under the Specified Commercial Transactions Act or callers who use threatening language - it may be time to consider legal action.
There are three main legal options. First, sending a warning by certified mail. Second, filing a small claims lawsuit for damages. Third, filing a regular civil lawsuit. When the harm from nuisance calls is serious, it is worth pursuing a legal remedy instead of simply enduring it. Among these, small claims court stands out as the most accessible option for individuals acting without a lawyer, offering low costs and a streamlined process. Claims of 600,000 yen or less are eligible, and a judgment is typically rendered in a single hearing.
What Is Small Claims Court?
Small claims court is a simplified judicial procedure under Article 368 of the Code of Civil Procedure. It is available for monetary claims of 600,000 yen or less and is heard at a summary court. While regular lawsuits can take months to over a year, small claims cases are resolved in a single session (typically 30 minutes to one hour).
Key features of small claims court:
- Claim limit: 600,000 yen or less
- Number of hearings: one, as a rule
- Usage limit: up to 10 times in the same year at the same summary court (the proviso to Article 368 and Supreme Court rules)
- Lawyer required?: No - you can represent yourself
- Filing fee: 1,000 yen for every 100,000 yen of the claim value (e.g., 3,000 yen for a 300,000 yen claim)
- Judgment enforceability: same as a regular court judgment
When You Can Claim Damages for Nuisance Calls
Not every nuisance call qualifies for a damages claim. To succeed, you must prove that the caller's conduct constitutes a tort (Article 709 of the Civil Code) and that you suffered actual harm.
Cases Where Claims Are Likely to Succeed
- Re-solicitation in violation of the Specified Commercial Transactions Act: When you clearly refused but the same business keeps calling. Article 17 of that Act bans re-solicitation of telemarketing sales, and a violation serves as the basis for a tort claim
- Calls involving threats or extortion: Statements like "You'll face consequences if you don't sign" or "We'll leak your personal information." These may also constitute criminal intimidation
- Persistent calls at unreasonable hours: Deliberately repeated calls at hours when people are generally expected to refrain from contact may be recognized as a tort for disturbing peaceful living
- Calls constituting stalking: When the calls fall under the Anti-Stalking Act, the legal basis for damages is clear
Cases Where Claims Are Difficult
- One or two sales calls: Likely to be considered within the bounds of normal business activity
- Unidentifiable callers: A damages claim requires identifying the defendant. Anonymous or disposable numbers make identification difficult
- Emotional distress only, with no concrete damage: Consolation money may be awarded, but amounts tend to be low
Step-by-Step Small Claims Procedure
Step 1: Gather Evidence
Collecting sufficient evidence before filing is the most critical step. See also the evidence collection guide for phone harassment.
- Call history: Screenshots or carrier call detail records showing dates, times, numbers, and frequency
- Call recordings: Recordings of threatening language or re-solicitation. Recording your own calls is legal in Japan
- Record of refusal: Documentation that you told the caller to stop. Ideally, send a certified mail notice and keep the receipt
- Damage records: Medical records for emotional distress, impact on work (e.g., number of interruptions during meetings), time and cost spent setting up call blocking
Step 2: Send Certified Mail
Before filing suit, it is advisable to send a warning by certified mail (naiyou shoumei yuubin). Certified mail provides postal service certification of the content and mailing date. The cost is the base postage plus the registered mail fee and the certification surcharge; because these rates are revised from time to time, check Japan Post's current schedule before mailing.
The letter should state the facts of the nuisance calls (dates, frequency, content), a demand to stop calling, and a warning that legal action will follow if the calls continue. In many cases, certified mail alone is enough to stop the calls, resolving the issue without litigation.
Step 3: Draft and File the Complaint
If certified mail does not resolve the issue, prepare a small claims complaint. Complaint forms and sample entries are available on the court's website.
- Jurisdiction: The summary court for the defendant's address or the location of the tort (your address)
- Complaint contents: Identification of the parties, the relief sought (amount), the cause of action (facts of the nuisance calls and resulting damage), and a list of evidence
- Attachments: Copies of evidence (call history, transcripts of recordings, certified mail receipt)
- Filing fee: Revenue stamps based on the claim amount (up to 100,000 yen: 1,000 yen; up to 300,000 yen: 3,000 yen; up to 600,000 yen: 6,000 yen), following the schedule of 1,000 yen per 100,000 yen of claim value in Appended Table 1 of the Act on Costs of Civil Procedure
Step 4: Hearing and Judgment
Once the complaint is accepted, the court will notify you of the hearing date. The hearing is completed in a single session, with the judgment delivered the same day. At the hearing, you present your evidence and explain the facts and damages. If the defendant does not appear, the court is likely to rule in your favor based on your claims alone.
Either party may file an objection to the judgment within two weeks of being served the written judgment (Article 378 of the Code of Civil Procedure), after which the same summary court rehears the case under ordinary procedure. However, if the facts are clear and evidence is strong, the outcome is unlikely to change on rehearing.
How to Build the Amount You Claim
Damage awards for nuisance calls depend on the severity of the harm and the strength of your evidence. Few such judgments are published, so no reliable benchmark figure can be given, but the way a claim is built follows a pattern:
- Re-solicitation violations: Build the claim around consolation money. The date you refused, the number of calls after that date, and how long they continued are what support the amount
- Persistent calls with threats: Argue the severity of the language as an aggravating factor. A recording changes how persuasive this argument is
- Cases involving business disruption: Add lost profits - the time spent handling the calls and the revenue lost - on top of consolation money
- Psychological harm requiring medical treatment: Gather the diagnosis and receipts, and claim treatment costs and travel to appointments alongside consolation money
Small claims court caps what you can demand at 600,000 yen, and the amount you demand is not the amount you get: the court awards only the loss you actually prove. More than the monetary amount, the fact that you took legal action serves as a powerful deterrent against the caller.
Alternatives to Litigation
Small claims court is effective, but not always the best fit. Consider these alternatives depending on your situation:
- Consumer affairs center consultation: Call 188 for free advice; the center may mediate with the business on your behalf
- Reporting to the MIC: Nuisance calls violating the Telecommunications Business Act can be reported to the MIC's Telecommunications Consumer Consultation Center (check the ministry's website for the current contact details)
- Bar association legal consultation: Bar associations operate legal consultation desks (fees and time limits differ by association) where you can get a professional opinion on your case's prospects
- ADR (Alternative Dispute Resolution): The National Consumer Affairs Center's ADR process can resolve disputes more simply and quickly than litigation
See also where and how to report nuisance calls and legal measures against stalker calls to find the approach best suited to your situation.