CIVIL REMEDIES.

626A.13 CIVIL REMEDIES. § Subdivision 1.In general. Except as provided in section 2511 (2)(a)(ii) of title 18 of the United States Code, a person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person or entity that engaged in that violation relief as may be appropriate. § Subd. 2.Relief. In an 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 punitive damages in appropriate cases; and (3) a reasonable attorney's fee and other litigation costs reasonably incurred. § Subd. 3.Computation of damages. (a) In an action under this section, if the conduct in violation of this chapter is the private viewing of a private satellite video communication that is not scrambled or encrypted or if the communication is a radio communication that is transmitted on frequencies allocated under subpart D of part 74 of title 47 of the Code of Federal Regulations that is not scrambled or encrypted and the conduct is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, then the court shall assess damages as follows: (1) If the person who engaged in that conduct has not previously been enjoined under section 626A.02, subdivision 5, and has not been found liable in a prior civil action under this section, the court shall assess the greater of the sum of actual damages suffered by the plaintiff, or statutory damages of not less than $50 and not more than $500. (2) If, on one prior occasion, the person who engaged in that conduct has been enjoined under section 626A.02, subdivision 5, or has been found liable in a civil action under this section, the court shall assess the greater of the sum of actual damages suffered by the plaintiff, or statutory damages of not less than $100 and not more than $1,000. (b) In any other action under this section, the court may assess as damages whichever is the greater of: (1) the sum of three times the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation; or (2) statutory damages of whichever is the greater of $100 a day for each day of violation or $10,000. § 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; (2) a request of an investigative or law enforcement officer under United States Code, title 18, section 2518(7); or (3) a good faith determination that section 626A.02, subdivision 3, permitted the conduct complained of; is a complete defense against any civil or criminal action brought under this chapter or any other law. § Subd. 5.Limitation. A civil action under this section may not be begun later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation. History: 1969 c 953 s 13; 1988 c 577 s 44,62; 1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1; 1996 c 305 art 1 s 123