§ 35-33.5-5-4 — Violations; cause of action; damages and costs; defenses; statute of limitations

Indiana § 35-33.5-5-4

• Jurisdiction: Indiana
• Art. 33.5: INTERCEPTION OF TELEPHONIC OR
• Ch. 5: Confidentiality of Disclosure, Remedies, and Offenses

Text

(a) A person whose communications are
intercepted, disclosed, or used in violation of this article:
(1) has a civil cause of action against a person who intercepts,
discloses, uses, or procures another person to intercept, disclose,
or use a communication in violation of this article; and
(2) is entitled to recover from that person the following:
(A) The greater of:
(i) actual damages;
(ii) liquidated damages computed at a rate of one hundred
dollars ($100) each day for each day of violation; or
(iii) one thousand dollars ($1,000).
(B) Court costs (including fees).
(C) Punitive damages, when determined to be appropriate by
the court.
(D) Reasonable attorney's fees.
(b) A good faith reliance on a warrant or an extension issued under
this article constitutes a complete defense to a civil action brought
under this section.
(c) A person described in IC 34-46-4-1 has an affirmative defense
under this section if the person was unaware that the communication
was intercepted in violation of this article and:
(1) has not intercepted the communication;
(2) has not procured another person to intercept or disclose the
communication; and
(3) has used a communication for the purpose of assisting the
person to independently confirm information contained in a
communication.
(d) An action under this section must be brought within two (2)
years after the date that the interception, disclosure, or use of a
communication in violation of this article initially occurs whichever is
later.

Legislative History

As added by P.L.161-1990, SEC.3. Amended by P.L.1-1998, SEC.194; P.L.106-2010, SEC.9.