§1203 Civil Remedies

Summary

Anyone harmed by a violation of section 1201 or 1202 can sue in a federal district court. The court can order temporary or permanent stops on violating acts, but it cannot impose a prior restraint on speech or the press protected by the First Amendment. While the case is pending, the court may order devices or products that it reasonably believes were involved to be seized and held. The court can also award damages, may make one side pay costs (but not the United States or a U.S. officer), may award reasonable lawyer’s fees to the winner, and can order that offending devices or products be fixed or destroyed as part of a final judgment. A violator must pay either actual damages plus any extra profits linked to the violation, or statutory damages if the complainant elects so before final judgment is entered. Statutory damages for section 1201 are $200 to $2,500 per act or item (such as a device, product, component, offer, or service). For section 1202 they are $2,500 to $25,000 per violation. If a person reoffends within 3 years after a final judgment for a similar violation, the court may increase damages up to three times. The court may reduce damages if the violator proves they did not know and had no reason to know they violated the law. For nonprofit libraries, archives, educational institutions, or public broadcasting entities (see section 118(f) for that definition), the court must remit damages if they prove no knowledge of a violation.