Del. Code tit. 11 § 2409

Current through 2024 Legislative Session Act Chapter 269
Section 2409 - Civil liability; defense to civil or criminal action
(a) Civil liability. -- Any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, uses, or procures any other person to intercept, disclose or use the communications and be entitled to recover from any person:
(1) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;
(2) Punitive damages; and,
(3) A reasonable attorney's fee and other litigation costs reasonably incurred.
(b) Defense. -- A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this chapter or under any other law.

11 Del. C. § 2409

72 Del. Laws, c. 232, § 1.;