(1) In addition to any other remedies provided under this article, a person who suffers
damages as a result of a violation of section 18-13-125, C.R.S., shall have a private civil right of action against the perpetrator who committed
the crime, regardless of whether the perpetrator was convicted of the crime. In such action, the plaintiff shall be entitled to actual damages, including, but
not limited to, damage to reputation or credit rating, punitive damages, and attorney
fees and costs. If such damages are less than five thousand dollars per telephone record, the plaintiff
shall be entitled to statutory damages of five thousand dollars per telephone record
procured, bought, sold, possessed, or received in violation of section 18-13-125, C.R.S.
(2) No telecommunications provider shall be liable for damages in a claim based, in
whole or in part, on acts of third parties that violate section 18-13-125, C.R.S.
(3) This section shall not be construed to create a new duty or expand the existing
duty of a telecommunications provider to protect telephone records beyond those otherwise
established by Colorado law, any other state law, or federal law, including, without
limitation, the rules promulgated by the federal communications commission.
(4) This section shall not apply to a telecommunications provider or its agents or
representatives who reasonably and in good faith act pursuant to Colorado law, any
other state law, or federal law, including, without limitation, the rules promulgated
by the federal communications commission, notwithstanding a later determination that
the act was not authorized by such law.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.