What Are Statutory Damages?
Statutory damages are amounts fixed by a law for each violation, so plaintiffs do not have to prove how much they lost.
Statutory damages are amounts of money set by a law for each violation, which a plaintiff can recover without proving the actual dollar value of their harm. The law itself names the amount, or a range for the court to choose from.
Why it matters to you
Statutory damages are the engine behind many privacy, robocall and consumer protection class actions. Because each violation carries a set value, cases can be brought over harms that are real but hard to price, like an unwanted call or a misuse of personal data. They also explain why some settlements in these areas pay more per person than you might expect.
Well-known examples
- ✓Telephone Consumer Protection Act (TCPA): $500 per violating call or text, up to $1,500 if willful or knowing. See TCPA settlements explained.
- ✓Illinois Biometric Information Privacy Act (BIPA): $1,000 per negligent violation and $5,000 per intentional or reckless violation. See BIPA settlements explained.
- ✓Other statutes: several federal and state privacy and consumer laws include statutory damages, each with its own amounts and conditions
Statutory amounts describe what a court could award after winning at trial. Settlements are compromises, and individual payments are usually far smaller than the statutory figure, especially when there are many class members.
A simple example
A company sends marketing texts to people who never consented. Each text could carry a statutory amount under the law, which makes the total exposure very large. The company settles, and each class member receives a share of the fund that depends on how many people file claims.
Large statutory exposure can also cut the other way. When a class has many members and each could claim a fixed amount, the total can far exceed what a company can pay. Courts and parties take that into account, and settlement values reflect the risk that a court might reduce an extremely large award or that the class might not be certified at all.
Related terms
Statutory damages are often paired with injunctive relief in privacy settlements. Many such cases are listed under privacy settlements.
SettleScout matches you with open privacy and robocall settlements based on the companies you use, and estimates what each might pay.
Frequently Asked Questions
Do I need to prove harm to get statutory damages?
Generally you do not need to prove a dollar loss, though federal courts require some concrete injury for standing. In a settlement, you usually just need to meet the class definition.
Why is my TCPA settlement payment less than $500?
Settlements are compromises, and the fund is divided among many claimants. The statutory amount is what a court could award, not what a settlement must pay.
Are statutory damages the same as punitive damages?
No. Statutory damages are amounts set by a specific law. Punitive damages are discretionary awards meant to punish especially bad conduct.
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