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Current as of January 01, 2025 | Updated by Findlaw Staff
Subdivision 1. Cause of action.Except as provided insection 626A.28, subdivision 5, a provider of electronic communication service, subscriber, or customer aggrieved by a violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation relief as may be appropriate.
Subd. 2. Relief.In a civil action under this section, appropriate relief includes:
(1) temporary and other equitable or declaratory relief as may be appropriate;
(2) damages under subdivision 3; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
Subd. 3. Damages.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 is a person entitled to recover to receive less than the sum of $1,000.
Subd. 4. Defense.A good faith reliance on:
(1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; or
(2) a good faith determination thatsection 626A.02, subdivision 3, permitted the conduct complained of;
is a complete defense to a civil or criminal action brought undersections 626A.26to626A.34or any other law.
Subd. 5. Limitation.A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.
Cite this article: FindLaw.com - Minnesota Statutes Criminal Procedure. Peace Officers. Privacy of Communications (Ch. 625-634) § 626A.32. Civil action - last updated January 01, 2025 | https://codes.findlaw.com/mn/criminal-procedure-peace-officers-privacy-of-communications-ch-625-634/mn-st-sect-626a-32/
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 before relying on it for your legal needs.
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