Compliance

Statutory Damages (AI)

Fixed damage amounts specified by law for AI-related violations regardless of actual harm.

Definition

Statutory Damages are predetermined damage amounts established by statute, allowing recovery without proving actual damages. In the AI context, several laws provide statutory damages:

  • FCRA: $100-$1,000 per violation for willful non-compliance (applicable to AI credit decisions)
  • TCPA: $500-$1,500 per violation (applicable to AI robocalls)
  • BIPA: $1,000-$5,000 per violation (applicable to AI biometric collection)
  • State privacy laws: Various statutory damages for AI-related privacy violations

Statutory damages can create significant liability exposure for AI systems processing high volumes, even absent proven harm. Class actions multiplying statutory damages have produced large settlements and verdicts.

Sources

  • State Privacy Laws
  • Consumer Protection Statutes