77-23b-8 - Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.
77-23b-8. Violation of chapter -- Civil action by provider or subscriber -- Goodfaith defense -- Limitation of action.
(1) Except under Subsection 77-23b-4(5), any provider of electronic communicationsservice, subscriber, or customer aggrieved by any violation of this chapter in which the conductconstituting the violation is engaged in with a knowing or intentional state of mind may in a civilaction recover from the person or entity that engaged in that violation relief as is appropriate.
(2) In a civil action under this section, appropriate relief includes:
(a) preliminary and other equitable or declaratory relief as is appropriate;
(b) damages under Subsection (3); and
(c) a reasonable attorney's fee and other litigation costs reasonably incurred.
(3) The court may assess as damages in a civil action under this section the sum of theactual damages suffered by the plaintiff and any profits made by the violator as a result of theviolation, but in no case is a person entitled to recover less than $1,000.
(4) A good faith reliance on any of the following is a complete defense to any civil orcriminal action brought under this chapter or any other law:
(a) a court warrant or order, a grand jury subpoena, legislative authorization, or astatutory authorization;
(b) a request of an investigative or law enforcement officer under Subsection 77-23a-10(7); or
(c) a good faith determination that Subsection 77-23a-4(9) permitted the conductcomplained of.
(5) A civil action under this section may not be commenced later than two years after thedate the claimant first discovered or had a reasonable opportunity to discover the violation.
Amended by Chapter 22, 1989 General Session
Amended by Chapter 122, 1989 General Session