AI Accountability and Personal Data Protection Act
Sponsored By: Senator Josh Hawley
Introduced
Summary
Creates a federal private right of action for misuse of individuals' covered data by artificial intelligence. It would make anyone who collects, uses, sells, or otherwise exploits covered data without an individual's express, prior consent liable under a new tort and private lawsuit. The bill defines a wide range of covered data practices and AI activities and sets remedies that let prevailing plaintiffs recover compensatory damages equal to the greater of actual damages, treble profits from the misuse, or $1,000, plus punitive damages, injunctive relief, and attorney's fees.
Show full summary
- Individuals and consumers would gain a clear legal route to sue for AI‑related data misuse and could recover the greater of actual harm, treble profits, or $1,000, plus other relief.
- Companies that collect or use covered data would face new liability and stricter consent rules because consent must be express, prior, and not obtained by coercion or deception.
- Consent for sharing with third parties must name each third party at the time of consent and be presented separately from general privacy policies.
- Predispute arbitration clauses and class‑action waivers for these claims would be unenforceable and courts would decide applicability under federal law.
- The bill sets a federal floor and does not stop states from keeping or expanding stronger protections.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
New right to sue over AI data
If enacted, you would be able to sue in state or federal court if someone in or affecting interstate or foreign commerce uses your covered data without your express, prior consent. A prevailing plaintiff could recover the greater of actual damages, three times the defendant's profits from the misuse, or $1,000. Plaintiffs could also get punitive damages, injunctive relief to stop the misuse, and attorney's fees and costs. Liability would also reach people who aided or abetted the misuse.
Broad definition of personal data
If enacted, the bill would define "covered data" very broadly. It would include any information that identifies or can reasonably be linked to you. That list explicitly covers device IDs, advertising IDs, IP addresses, geolocation, biometrics, browsing and buying history, and profiling data. It would also cover data derived or inferred from your information, content you create that is copyrighted, AI training on your data, and AI outputs tied to you.
Stronger consent and third party rules
If enacted, a defendant could avoid liability only by showing you gave express, prior consent to the specific data use. Consent would be invalid if it was obtained by coercion or deception or if it was required to use a product when the data use goes beyond what is needed. Consent to share your data with third parties would be invalid unless each third party is clearly named and disclosed at the time you give consent. A separate, obvious disclosure is required; a link or inclusion in general policies would not count.
Arbitration bans for AI data claims
If enacted, predispute arbitration clauses and joint‑action waivers could not stop you from suing in court for claims under the Act. A court, not an arbitrator, would decide whether the Act applies. This would apply even despite the Federal Arbitration Act. It would not change arbitration provisions in union‑employer contracts, except such contracts still may not bar workers from seeking judicial enforcement of constitutional or statutory rights.
Sponsors & CoSponsors
Sponsor
Josh Hawley
MO • R
Cosponsors
Richard Blumenthal
CT • D
Sponsored 7/21/2025
Peter Welch
VT • D
Sponsored 7/24/2025
Roll Call Votes
No roll call votes available for this bill.
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