§ 10-4A-08
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/md/courts-and-judicial-proceedings/10-4a-08·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§10–4A–08.
(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.