§ 20-2B-12 — Civil Cause of Action for Violations of Article

Alabama § 20-2B-12

• Jurisdiction: Alabama
• Title 20: Food, Drugs and Cosmetics
• Ch. 2B: Agent Billy Clardy III Act

Text

(a) An individual whose wire or electronic communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person that intercepts, discloses, or uses, or procures another person to intercept, disclose, or use, the communication, and may recover from the person or persons that engaged in the violation any of the following:
(1) Actual damages.
(2) Punitive damages.
(3) Reasonable attorney’s fees and other litigation costs reasonably incurred.
(b) This section does not apply to any of the following individuals if acting in a reasonable manner pursuant to this chapter:
(1) An operator of a switchboard, or an officer, employee, or agent of a communication common carrier or a communications service provider whose facilities are used in the transmission of a wire communication, who intercepts a communication, or who discloses or uses an intercepted communication in the normal course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier of the communication.
(2) An officer, employee, or agent of a communication common carrier or communications service provider who employs or uses any equipment or device that may be attached to any telephonic equipment of any subscriber which permits the interception and recording of any telephonic communications solely for the purposes of business service improvements.
(3) An officer, employee, or agent of a communication common carrier or communications service provider who provides information, facilities, or technical assistance to an investigative officer who is authorized as provided by this chapter to intercept a wire or electronic communication.
(4) An individual acting under authority of law who intercepts a wire or electronic communication if the individual is a party to the communication, or if one of the parties to the communication has given prior consent to the interception.
(5) An individual not acting under authority of law who intercepts a wire or electronic communication if the individual is a party to the communication, or if one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this state or for the purpose of committing any other injurious act.
(c) A good faith reliance on a court order is a complete defense to any civil cause of action brought under this chapter.

Legislative History

(Act 2022-236, §2; Act 2025-447, §1.)