§ 10-4A-08

Maryland § 10-4A-08

• Jurisdiction: Maryland
• Article gcj: Courts and Judicial Proceedings
• Title: 10

Text

(a) Except as provided in § 10–4A–04(d) of this subtitle, a provider of electronic communication service, subscriber, or customer aggrieved by a knowing or intentional violation of this subtitle may recover appropriate relief in a civil action against the person or entity that engaged in the violation.

(b) In a civil action under this section, appropriate relief includes:

(1) Appropriate preliminary and other equitable or declaratory relief;

(2) Damages under subsection (c) of this section; and

(3) A reasonable attorney’s fee and other litigation costs reasonably incurred.

(c) 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 $1,000.

(d) A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this subtitle or any other State law:

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

(2) A good faith determination that § 10–402(d) of this title permitted the conduct that is the subject of the action.

(e) A civil action under this section shall be filed within 2 years after the day on which the claimant first discovered or had a reasonable opportunity to discover the violation.