§ 5725. Civil action for unlawful interception, disclosure or use of wire, electronic or oral communication.
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§ 5725. Civil action for unlawful interception, disclosure or use of wire, electronic or oral communication.
(a)Cause of action.-- Any person whose wire, electronic or oral communication is intercepted, disclosed or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses or uses or procures any other person to intercept, disclose or use, such communication; and shall be entitled to recover from any such person:
(1)Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation, or $1,000, whichever is higher.
(2)Punitive damages.
(3)A reasonable attorney's fee and other litigation costs reasonably incurred.
(b)Waiver of sovereign immunity.-- To the extent that the Commonwealth and any of its officers, officials or employees would be shielded from liability under this section by the doctrine of sovereign immunity, such immunity is hereby waived for the purposes of this section.
(c)Defense.-- It is a defense to an action brought pursuant to subsection
(a)that the actor acted in good faith reliance on a court order or the provisions of this chapter.
18c5725v
(July 10, 1981, P.L.228, No.73, eff. 60 days; Oct. 21, 1988, P.L.1000, No.115, eff. imd.)
Cross References. Section 5725 is referred to in section 5713 of this title.
18c5726s