Thank you for this explanation Kevin. There is a recent case that may have changed the playing field. In the past, it was generally believed a plaintiff had to prove some type of financial loss. However, this may have changed with the decision in Kehoe v. Fidelity Bank. Last August, the U.S. 11th Circuit Court of Appeals held that individuals suing to recover for violations under the Drivers Privacy Protection Act do not need to demonstrate actual harm in order to recover monetary damages.

The court wrote in this case, "Damages for a violation of an individual's privacy are a quintessential example of damages that are uncertain and possibly unmeasurable.  Since liquidated damages are an appropriate substitute for the potentially uncertain and unmeasurable actual damages of a privacy violation, it follows that proof of actual damages is not necessary for an award of liquidated damages.  To us, the plain meaning of the statue is clear -- a plaintiff need not prove actual damages to be awarded liquidated damages"