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Current as of January 01, 2024 | Updated by FindLaw Staff
(1) Except as provided in subsection (5) of section 86-2,106, any provider, subscriber, or customer aggrieved by any violation of sections 86-2,104 to 86-2,110 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 such relief as may be appropriate.
(2) In a civil action under this section, appropriate relief includes:
(a) Such preliminary and other equitable or declaratory relief as may be appropriate;
(b) Damages under subsection (3) of this section; and
(c) Reasonable attorney's fees and other litigation costs reasonably incurred.
(3) 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 the sum of one thousand dollars.
(4) A good faith reliance on (a) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization, (b) a request of an investigative or law enforcement officer under section 86-293, or (c) a good faith determination that section 86-290 permitted the conduct complained of shall be a complete defense to any civil or criminal action brought under sections 86-2,104 to 86-2,110.
(5) 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 - Nebraska Revised Statutes Chapter 86. Telecommunications and Technology § 86-2,110. Electronic communication service; remote computing service; civil action authorized; damages; limitation - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-86-telecommunications-and-technology/ne-rev-st-sect-86-2-110/
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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