Ignoring Notices: How Continued Willful Ignorance Turns a Simple Fix Into a Costly Disaster

At Pro Veritas Law, our process is clear and fair. We send a first notice, followed by a second, third, and final notice — each spaced two weeks apart. The duplicate final notice is sent via certified mail with return receipt. That's five distinct layers of formal notices.

We do this because our mission is simple: achieve zero digital privacy violations. We believe in remediation first — fixing the problem quickly and in good faith. Everything else is secondary.

Establishment of Notice

Pursuant to California law, a demand notice letter transmitted by electronic means to defendant's publicly designated business contact address on the home website constitutes effective notice under the following authorities:

Cal. Civ. Code § 1583 — A communication to the place of business designated by the party is effective upon transmission.
Cal. Civ. Proc. Code § 1013(a) — Service by electronic means to the address of transmission is complete at the time of transmission.
Khourie, Crew & Jaeger v. Sabek, Inc., 220 Cal. App. 3d 1009 (1990) — Notice sent to a party's designated business address is presumed received.
Jones v. Flowers, 547 U.S. 220 (2006) — Due process is satisfied when notice is sent to the address reasonably calculated to reach the intended recipient.
Cal. Evid. Code § 641 — A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail.

The Compounded Effect of Willful Ignorance

Each ignored notice makes the case stronger. Once proper notice has been given, continuing the same conduct shows willful and conscious disregard for the rights of others. This is exactly the type of behavior that supports punitive damages under Civil Code § 3294.

Judges notice this pattern. When a defendant has received multiple opportunities to remediate and does nothing, courts become far less sympathetic on motions. The longer the inaction continues, the more difficult it becomes for the company to defend itself.

Each ignored notice dramatically strengthens the case against the defendant. Courts across California regularly consider willful disregard of formal notices when determining damages. This pattern of repeated, knowing inaction can push judges and juries toward:

Awarding the maximum statutory damages of $5,000 per violation under CIPA
Allowing punitive damages under Civil Code § 3294, because continuing unlawful conduct after clear notice demonstrates "malice" or "oppression"
Viewing the defendant as reckless rather than merely negligent

The entire purpose of these strict statutory privacy laws is deterrence. The law wants every business to understand the severe consequences of ignoring privacy violations — just like a vaccination program fails if too many people refuse to participate. One weak link can compromise the entire system.

Our Conviction Remains the Same

We still want the same thing we wanted on day one: Net zero digital privacy violations. Remediation First. Fix the violations. Get compliant. Stay compliant. Protect users' digital privacy.