(a) Except as provided in § 10-4A-04(d) of this subtitle, a provider of electronic communication service, subscriber, or
customer aggrieved by a knowing or intentional violation of this subtitle may recover
appropriate relief in a civil action against the person or entity that engaged in
(b) In a civil action under this section, appropriate relief includes:
(1) Appropriate preliminary and other equitable or declaratory relief;
(2) Damages under subsection (c) of this section; and
(3) A reasonable attorney's fee and other litigation costs reasonably incurred.
(c) The court may assess as damages in a civil action under this section the sum of
the actual damages suffered by the plaintiff and any profits made by the violator
as a result of the violation, but in no case shall a person entitled to recover receive
less than $1,000.
(d) A good faith reliance on any of the following is a complete defense to any civil
or criminal action brought under this subtitle or any other State law:
(1) A court warrant or order, a grand jury subpoena, a legislative authorization,
or a statutory authorization; or
(2) A good faith determination that § 10-402(d) of this title permitted the conduct that is the subject of the action.
(e) A civil action under this section shall be filed within 2 years after the day
on which the claimant first discovered or had a reasonable opportunity to discover
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.
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