Section 803-48 - Recovery of civil damages authorizedAny person whose wire, oral, or electronic communication is accessed, intercepted, disclosed, or used in violation of this part shall [:]
(1) Have a civil cause of action against any person who accesses, intercepts, discloses, or uses, or procures any other person to access, intercept, disclose, or use the communications [;] and(2) Be entitled to recover from any such person:(A) The greater of [:] (i) The sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation [;] or(ii) Statutory damages of the greater of $100 a day for each day of violation or $10,000;(B) Punitive damages, where appropriate; and(C) A reasonable attorney's fee and other litigation costs reasonably incurred. The aggrieved person may also seek and be awarded such preliminary, and other equitable or declaratory relief as may be appropriate. A good faith reliance on a court order shall constitute a complete defense to any civil action brought under this part.
L 1978, c 218, pt of §2; am L 1986, c 303, §8; am L 1989, c 164, §10; am L 2006, c 200 , pt of §4 .