§803-48  Recovery of civil damages authorized.  Any person whose wire, oral, or electronic communication is accessed, intercepted, disclosed, or used in violation of this part shall[:]

     (1)  Have a civil cause of action against any person who accesses, intercepts, discloses, or uses, or procures any other person to access, intercept, disclose, or use the communications[;] and

     (2)  Be entitled to recover from any such person:

          (A)  The greater of[:]

              (i)  The sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation[;] or

             (ii)  Statutory damages of the greater of $100 a day for each day of violation or $10,000;

          (B)  Punitive damages, where appropriate; and

          (C)  A reasonable attorney's fee and other litigation costs reasonably incurred.

The aggrieved person may also seek and be awarded such preliminary, and other equitable or declaratory relief as may be appropriate.  A good faith reliance on a court order shall constitute a complete defense to any civil action brought under this part. [L 1978, c 218, pt of §2; am L 1986, c 303, §8; am L 1989, c 164, §10; am L 2006, c 200, pt of §4]

Revision Note

  In the first sentence, (1) and (2) reformatted as paragraphs (1) and (2) and (A)(i) and (ii) reformatted as clauses (i) and (ii) pursuant to §23G-15.