Civil actions

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    (a)    Except as provided in § 10–4A–04(d) of this subtitle, a provider of electronic communication service, subscriber, or customer aggrieved by a knowing or intentional violation of this subtitle may recover appropriate relief in a civil action against the person or entity that engaged in the violation.

    (b)    In a civil action under this section, appropriate relief includes:

        (1)    Appropriate preliminary and other equitable or declaratory relief;

        (2)    Damages under subsection (c) of this section; and

        (3)    A reasonable attorney’s fee and other litigation costs reasonably incurred.

    (c)    The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than $1,000.

    (d)    A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this subtitle or any other State law:

        (1)    A court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; or

        (2)    A good faith determination that § 10–402(d) of this title permitted the conduct that is the subject of the action.

    (e)    A civil action under this section shall be filed within 2 years after the day on which the claimant first discovered or had a reasonable opportunity to discover the violation.


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