District of Columbia § 23-554 Authorization for recovery of civil damages.

District of Columbia Statutes

§ 23-554 — Authorization for recovery of civil damages.

District of Columbia·Title 23 Criminal Procedure. [Enacted title]·Ch. 5 Warrants and Arrests.·Subch. III Wire Interception and Interception of Oral Communications.

(a)Any person whose wire or oral communication is intercepted, disclosed, or used in violation of this subchapter shall —

(1)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 communications; and

(2)be entitled to recover from any such person —

(A)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;

(B)punitive damages; and

(C)a reasonable attorney’s fee and other litigation costs reasonably incurred.

(b)Good faith reliance on a court order or legislative authorization shall constitute a complete defense to an action brought under this section or any other law.

(c)As use

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(a) Any person whose wire or oral communication is intercepted, disclosed, or used in violation of this subchapter shall —

(1) 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 communications; and

(2) be entitled to recover from any such person —

(A) 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;

(B) punitive damages; and

(C) a reasonable attorney’s fee and other litigation costs reasonably incurred.

(b) Good faith reliance on a court order or legislative authorization shall constitute a complete defense to an action brought under this section or any other law.

(c) As used in this section, the term “person” includes the District of Columbia. The District of Columbia shall not assert any governmental immunity to avoid liability under this section. Judgment against the District of Columbia shall not constitute a bar to action against any other person.

District of Columbia § 23-554 (Authorization for recovery of civil damages.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.