Can You Sue Someone for Hiring a Private Investigator?

By David Schassler, licensed New York private investigator. October 9, 2026. Updated October 17, 2026

Usually not for the hiring alone, because it is legal to hire a licensed private investigator. A lawsuit is more likely when the investigator broke the law or invaded privacy, for example by trespassing, harassing you or getting into your accounts.

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Finding out that someone hired an investigator to watch you can feel like a deep violation. It is natural to want to push back. This guide explains, in general terms, when the law may give you a claim and when it likely will not. It also helps clients understand the risks before they hire.

Is It Legal to Hire a Private Investigator?

Yes. People hire private investigators for divorces, custody cases, insurance claims, business deals and to find people. Lawyers hire them all the time. As long as the investigator is licensed where the state requires it and follows the law, the hiring itself is lawful.

That is why a lawsuit based only on the fact that someone hired an investigator usually goes nowhere. Courts look at what was done, not just who was paid.

When a Lawsuit May Be Possible

• Trespass. The investigator went onto your private property without permission.
• Intrusion on privacy. They looked into places where you had a fair expectation of privacy, like through a bedroom window.
• Harassment. They contacted or followed you in a way meant to frighten you.
• Illegal access. They got into your phone, email or accounts, or recorded calls where state law forbids it.
• False statements. They spread untrue claims that hurt your name.

Federal law adds two clear claims. A person whose calls or messages were illegally intercepted can sue for actual losses, or for a set amount of $100 a day or $10,000, whichever is greater (18 U.S.C. 2520). A person whose stored messages were opened without permission can recover at least $1,000 (18 U.S.C. 2707).

Each of these depends on state law. Some states recognize privacy claims that others do not. A local lawyer can tell you which apply where you live.

Can the Person Who Hired the Investigator Be Liable?

Sometimes. If a client tells an investigator to do something illegal, the client can share the blame. California spells this out. A person who directs or causes someone else to commit a physical or constructive invasion of privacy can owe damages and a civil fine of $5,000 to $50,000 (Civil Code 1708.8). If the client did not know and did not ask, it is a harder case. Courts look at the facts, the contract and what each person knew.

This is a big reason clients should put the plan in writing and choose a careful agency. A written plan that sticks to lawful methods protects the client too.

What Usually Is Not Grounds to Sue

Being watched in a public place is generally not illegal. Neither is having someone photograph what anyone on the street could see, or search public records about you. Courts in most places see these as normal parts of a lawful investigation.

That can feel unfair. Still, it is the line in most states. The questions that matter are where the investigator was, how they gathered facts and whether they tried to scare you.

What to Do If You Think You Are Being Investigated

• If you feel unsafe, call 911.
• Write down what you notice, with dates, times and places.
• Do not confront anyone.
• Change your passwords and turn on two step login for your accounts.
• Talk to a lawyer, especially if you are in a divorce or custody case.
• If a licensed investigator broke the rules, file a complaint with the state licensing agency.

Our post on when surveillance becomes stalking explains how to tell the difference and when to involve police.

What Helps If You Do Have a Claim

If you think an investigator crossed a line, facts are what matter. Save any messages, photos or videos that show what happened. Note the names of anyone who saw it. Keep a simple log with dates and times. If you know the agency name, look up its license with the state and save a copy of what you find.

Bring all of it to a lawyer. Many lawyers offer a short first meeting. They can tell you if a claim makes sense and how long you have to file. Under the two federal laws above, the limit is two years from when you first had a fair chance to discover the violation.

If You Are the One Hiring

Our hiring guide covers the first call. Choose a licensed agency and check the license yourself. Ask how they gather facts. Ask them to put the methods in the agreement. Turn down anyone who offers phone records, account access or trackers on a car you do not own. In California a tracker needs the consent of the car's registered owner, lessor or lessee (Penal Code 637.7). Our post on phone records explains why. A careful investigator lowers your legal risk and gives you evidence you can actually use.

Why Agency Choice Matters

Most problems in these cases start with an investigator who cut corners. Agencies that are open about their methods, their license and their limits tend to avoid trouble. You can browse woman owned agencies and read how each one describes its services, then ask the questions above on the first call.

Primary Sources

• 18 U.S.C. 2520, recovery of civil damages
• 18 U.S.C. 2707, civil action for stored communications
• California Civil Code 1708.8, invasion of privacy
• California Penal Code 637.7, electronic tracking devices

All sources were read in October 2026. This is general information, not legal advice.

Next Guide

• Can private investigators be charged with stalking?
• Questions to ask before you pay a retainer
• How to hire a female private investigator
• Explore woman owned PI agencies

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