19.2-69 - Civil action for unlawful interception, disclosure or use.
§ 19.2-69. Civil action for unlawful interception, disclosure or use.
Any person whose wire, electronic or oral communication is intercepted,disclosed or used in violation of this chapter shall (i) have a civil causeof action against any person who intercepts, discloses or uses, or procuresany other person to intercept, disclose or use such communications, and (ii)be entitled to recover from any such person:
1. Actual damages but not less than liquidated damages computed at the rateof $400 a day for each day of violation or $4,000, whichever is higher;
2. Punitive damages; and
3. A reasonable attorney's fee and other litigation costs reasonably incurred.
A good faith reliance on a court order or legislative authorization shallconstitute a complete defense to any civil or criminal action brought underthis chapter or under any other law.
(Code 1950, § 19.1-89.9; 1973, c. 442; 1975, c. 495; 1988, c. 889; 2010, c.343.)