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.
Your safety comes first. If someone you know may be monitoring you, removing the app can alert them. If you are in danger, call 911. For help planning safely, the National Domestic Violence Hotline is available at 1-800-799-7233. Contact us from a device you trust.
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.