A report that sued a spammer and got a settlement of 160,000 yen

The dozens and dozens of spam a day can be very annoying, but entrepreneur David Lawrence reports that he has filed a lawsuit against the spammer under the proper law and received a settlement. Published by E Weekly.

Mr. Weekly received a settlement of $ 1,200 (about 160,000 yen) from the spammer. Mr. Weekly clarifies the method.

I sued a spammer!

Did you know you have a right to sue folks that send you unsolicited text messages or calls?

I received a check for $1,200 today as settlement of a TCPA suit against a party that sent me an unsolicited text message.pic.twitter.com/bRJJdq3ZPf

— David E. Weekly (@dweekly) July 27, 2022

Start by identifying your opponent. For example, if you know a company or organization that would benefit from a link in spam, you can look up agents for service on the Secretary of State's Office site.

Here's how I did it:

1. identify the other party. If you can find the corporation that did it or that benefited (eg if they include a website link), you then can look up their agent for service of process on the Secretary of State website.

— David E. Weekly (@dweekly) July 27, 2022

Next, send the contents of `` requesting payment for violation of TCPA (Telephone Consumer Protection Act) '' with proof of delivery, and ask the other party to reply within 10 days. The amount of damages is usually $ 500 (about 67,000 yen), and $ 1,500 (about 200,000 yen) if you are registered in the 'Do Not Call' list that prohibits soliciting calls.

2. Issue a notice of demand explaining that you are seeking payment for TCPA violation and give them 10 days to respond. Send mail with signature delivery. (You can't sue without having issued a notice of demand.) $500 damages, treble if you're on the Do Not Call registry.

— David E. Weekly (@dweekly) July 27, 2022

And file a small claims action involving the TCPA's salient portion. The cost is $ 35 (about 4700 yen), and it is also possible online.

3. File a small claims lawsuit in the county in which you were injured (San Mateo in my case) including the salient TCPA bits.
done online.

— David E. Weekly (@dweekly) July 27, 2022

Serve the defendant's subpoena. This is $ 95 (about 13,000 yen).

4. Use a process server to serve the defendant and obtain proof of service.

— David E. Weekly (@dweekly) July 27, 2022

If the defendant does not appear in court, the suing side wins first, so spammers cannot ignore it.

5. At this point you probably will get their
attention since if they ignore you now and you show up to court you will almost certainly win a default judgement against them and the courts will seize from them what you are owed.

— David E. Weekly (@dweekly) July 27, 2022

So, the negotiations started from here. In the case of Mr. Weekly, there was no problem with bearing the legal costs, so he settled for $ 1,200 against the legal price of $ 1,500.

6. Negotiate a settlement. In my case I was ok eating the legal costs and settled for $1,200 vs the full statutory $1,500.

— David E. Weekly (@dweekly) July 27, 2022

Once we cash the settlement check, we will drop the lawsuit. At this time, you agree that you will not sue the other party for the same offense again.

7. Cash the check and dismiss the lawsuit with prejudice. (You're agreeing to not sue them again for the exact same violation.)

— David E. Weekly (@dweekly) July 27, 2022

In addition, a lawyer who is an acquaintance of Mr. Weekly sells a kit that summarizes a series of necessary items for $ 59 (about 7900 yen).

FYI I have a friend who *is* a lawyer and let me know that she is selling a $59 kit with all the language you need: https://t.co/kUUziMMa4v

(I'm not affiliated with this and don't get any referral fees, the author is an acquaintance.)

— David E. Weekly (@dweekly) July 27, 2022

By the way, this kit is based on the law of the United States to the last, it is said that it does not apply outside the United States.

Got Text Message Spam? Don't Get Mad, Get Even! Make Those SMS Spammers Pay You with This Law! - Get to the Inbox by ISIPP SuretyMail
https://www.isipp.com/how-to-make-phone-and-sms-spammers-pay-you-for-having-sent-you-spam/