§ 5747. Civil action.

322 words·~1 min read·/pa/title-18/chapter-57/5747

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Cause of action.-- Except as provided in subsection 5743(e) (relating to requirements for governmental access), any provider of electronic communication service, subscriber or customer aggrieved by any violation of this subchapter 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 the violation such relief as may be appropriate.

(b)Relief.-- In a civil action under this section, appropriate relief shall include:

(1)such preliminary and other equitable or declaratory relief as may be appropriate;

(2)damages under subsection (c); and

(3)reasonable attorney fees and other litigation costs reasonably incurred.

(c)Damages.-- 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 the sum of $1,000.

(d)Defense.-- A good faith reliance on:

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

(2)a request of an investigative or law enforcement officer under section 5713 (relating to emergency situations); or

(3)a good faith determination that section 5704(10) (relating to exceptions to prohibitions of interception and disclosure of communications) permitted the conduct complained of;

is a complete defense to any civil or criminal action brought under this subchapter or any other law.

(e)Limitation.-- A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.

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(Feb. 18, 1998, P.L.102, No.19, eff. imd.; Oct. 22, 2014, P.L.2522, No.151, eff. 60 days)

2014 Amendment. Act 151 amended subsec. (b).

1998 Amendment. Act 19 amended subsec. (d).

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