What counts as spyware
- “Stalkerware” apps installed on your phone or computer without your knowledge.
- Apps and software kits that quietly collect your messages, contacts, microphone audio, or precise location beyond what you agreed to.
- Hidden GPS trackers on a vehicle or belongings.
What the law allows
- Federal Wiretap Act: actual damages or statutory damages of the greater of $100 a day or $10,000, plus possible punitive damages and attorney’s fees 18 U.S.C. § 2520.
- California: up to $5,000 per violation under the Invasion of Privacy Act Penal Code § 637.2, and damages for unauthorized computer access Penal Code § 502(e).
- Texas: $10,000 per occurrence plus actual damages Tex. Civ. Prac. & Rem. Code § 123.004.
- Florida: actual damages of at least $100 a day or $1,000, whichever is higher Fla. Stat. § 934.10.
Questions
Should I delete the spyware?
Talk to us or a safety advocate first if you can. The app itself may be evidence, and removing it can alert the person who installed it.