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Damages collected from junk mailer

The online Wall Street Journal carried an article on February 7, 1996 about one Robert Beken, who paid an item at a Computer City store in San Diego by check. Since his address was entered in their computer, he wrote the following text on the back of the check:

''Computer City agrees NOT to place Robert Beken on any mailing list or send him any advertisements or mailings. Computer City agrees that breach of this agreement by Computer City will damage Robert Beken and that these damages may be pursued in court. Further, that these damages for the first breach are $1,000. The deposit of this check for payment is agreement with these terms and conditions.''

After having received several fliers from the chain later, he complained to the company, didn't receive a response and sued in small claims court for damages of $5000. Judge J.V. Varon awarded him $1000 plus $21 in court costs. His decision contains the sentence

''The attempt to protect one's privacy can hardly be viewed as unreasonable.''

Last Change: 11-Feb-96
Axel Boldt <axel@uni-paderborn.de>