A New Measure of Damages for Invasion of Privacy Claims

Banks, credit bureaus, and other large corporate actors often balk at six-figure  and seven-figure settlement demands.  After all, they say, what is the value of invasion of privacy and emotional distress, and how do you quantify it?  Most litigants rely on traditional methods such as reviewing jury verdicts settlements in that venue, analogous claims, reputation and skills of the lawyers and litigants, and assessing the overall “feel” of the case. 

A new law may help streamline the parties’ settlement negotiations, because there now appears to be an actual number to use, at least as a starting point. As you read on, keep in mind that there is much talk about repealing this new $500K minimum damages award to United States Senators whose phone records were reviewed. But regardless of whether the measure is repealed, the fact remains that for now, at least some Senators value the privacy of a Senator’s phone records at $500K per violation.

The new law sets it at $500,000.00 plus reasonable attorneys fees per violation, or actual damages, whichever is greater. It was signed into law by President Trump on November 12, 2025, after passing both the House and the Senate.  It is said to apply to any United States Senator whose phone records (referred to as “Senate data” in the statute) were reviewed as part of the Special Counsel’s investigation into the events of January 6, 2021.  According to reports, the Special Counsel accessed Senator’s phone records twice.  As a result, each of the eight Senators affected (if they prevail in their claims) will be entitled to a minimum of $1,000,000 plus reasonable attorneys fees.

One important note is that this statutory minimum of $500,000 per violation plus attorneys fees appears to be triggered by the government’s mere review the Senators’ phone records, and is not dependent on any publication of those records.  The harm here is presumably just knowing that your records were reviewed in violation of the statute, without any publication.   This is in contrast to false credit reporting or collection lawsuits against victims of identify theft, which are published to third parties and often result in denials of credit or employment, and housing. Publication of false information to third parties is presumably arguably more harmful, and thus arguably worth more in damages, than access to one’s phone records without any publication. 

The bottom line is that this new $500,000 minimum – whether or not it gets repealed – could provide a touchstone to help streamline resolution of invasion of privacy and similar claims.

Here is the relevant portion of the law:

(2) CAUSE OF ACTION.—Any Senator whose Senate data, or the Senate data of whose Senate office, has been acquired, subpoenaed, searched, accessed, or disclosed in violation of this section may bring a civil action against the United States if the violation was committed by an officer, employee, or agent of the United States or of any Federal department or agency.

“(3) RELIEF.—

“(A) IN GENERAL.—If a Senator prevails on a claim under this subsection, the court shall award— “

(i) for each instance of a violation of this section, the greater of statutory damages of $500,000 or the amount of actual damages; “(ii) reasonable attorney’s fees and costs of litigation;

CONTINUING APPROPRIATIONS, AGRICULTURE, LEGISLATIVE BRANCH, MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND EXTENSIONS ACT, 2026, PL 119-37, November 12, 2025, 139 Stat 495