934.27 Civil action: relief; damages; defenses.
284 words·~1 min read·
/fl/title-xlvii/chapter-934/934-27A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Except as provided in s. 934.23 (5), any provider of electronic communication service, or subscriber or customer thereof, aggrieved by any violation of ss. 934.21 - 934.28 in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation such relief as is appropriate.
(2)In a civil action under this section, appropriate relief includes:
(a)Such preliminary and other equitable or declaratory relief as is appropriate.
(b)Damages under subsection (3).
(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 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 plaintiff entitled to recover be awarded less than $1,000.
(4)A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under ss. 934.21 - 934.28 :
(a)A court warrant or order, a subpoena, or a statutory authorization, including, but not limited to, a request of an investigative or law enforcement officer to preserve records or other evidence, as provided in s. 934.23 (7).
(b)A request of an investigative or law enforcement officer under s. 934.09 (7).
(c)A good faith determination that s. 934.03
(3)permitted the conduct complained of.
(5)A civil action under this section may not be commenced later than 2 years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.