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Demand for Damages
by Bruce Miller
Updated January 19, 2002
Here is a typical letter I use for my Demand for Damages. Feel free to copy or modify. As the original copyright holder to this letter, I place this letter in the public domain, thereby eliminating any restrictions to its use by others.

Mar 10, 2010

Mr. Spammer, President
Spammer, Inc.
[address]

DEMAND FOR DAMAGES: Reference 2002/0008

Because I am a Washington State resident, the enclosed commercial e-mail I received violates Washington State Law. Information about the Washington law can be found at: http://www.wa.gov/ago/junkemail/. My e-mail addresses are registered at http://registry.waisp.org.

Under Washington law I am entitled to a private right of action in a Washington State court to pursue statutory damages of $500.00 per violation under RCW 19.190. I will also ask the Washington State Attorney General, acting in the name of the State of Washington, to initiate a petition to award the State of Washington $2,000.00 per violation under RCW 19.86.140.

A Washington State judge ruled that a company is liable and responsible for the illegal unsolicited electronic mail of its independent representatives. See Ben de Lisle v. Top Secrets, King County District Court, Bellevue Division, Cause Number 9801417.

This violation will be reported to the Washington State Attorney General for possible, separate legal action. The Washington State Attorney General has initiated lawsuits for violations of the unsolicited commercial e-mail law. See:

  • State Of Washington v. Jason Heckel [of Oregon], doing business as Natural Instincts, Superior Court of The State Of Washington, King County, Cause number 98-2-25480-7SEA;
  • State of Washington v. Sam Khuri [of Georgia], doing business as Benchmark Print Supply, Superior Court of The State Of Washington, King County, Cause number 99-2-03549-6SEA.

The Washington State Supreme Court upheld RCW 19.190 (STATE v. HECKEL, Cause No. 69416-8) and further substantiated that Washington courts have jurisdiction over out-of-state defendants doing business in Washington State.

I propose we settle these violations without the need of a lawsuit in this manner:

  • send $700.00 (2 offenses X $350 each) payable to me at the address above;
  • refer to the reference number above;
  • provide payment on or before [2-3 weeks from date of later], 5:00 p.m., Pacific Time.
Upon receipt of payment, I will send confirmation that:
  • settlement has been reached for these incidents;
  • there will be no legal action on these incidents.
If payment has not been received by the date contained herein, I will conclude that an out-of-court settlement is not possible.

Sincerely,

[Attach spam message beginning on next page.]
If the spammer decides to pay up, here's text I use to acknowledge receipt of the settlement check and to confirm that a settlement has been reached (if the spammer does not provide an agreement):

Dear Company Officer: I have recieved your payment of $xxxx dollars to settle my claim for damages against Company Name/Personal Name for the violation on [date] of Washington State law regarding unsolicited commercial email. As my part of the settlement, I now consider the settlement to satisfy my claim to damages and I also agree not to pursue any other claim for this violation in or out of court.

Sincerely,