West Virginia § 62-1D-12 Civil liability; defense to civil or criminal action

West Virginia Statutes

§ 62-1D-12 — Civil liability; defense to civil or criminal action

West Virginia § 62-1D-12

Ch. 62CRIMINAL PROCEDURE

Art. 1DWIRETAPPING AND ELECTRONIC SURVEILLANCE ACT

This text of West Virginia § 62-1D-12 (Civil liability; defense to civil or criminal action) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 62-1D-12 (2026).

Text

(a)Any person whose wire, oral or electronic communication is intercepted, disclosed, used or whose identity is disclosed in violation of this article shall have a civil cause of action against any person who so intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use the communications, and shall be entitled to recover from any such person or persons:

(1)Actual damages, but not less than $100 for each day of violation;

(2)Punitive damages, if found to be proper; and

(3)Reasonable attorney fees and reasonable costs of litigation incurred.

(b)A good faith reliance by a provider of electronic or wire communication services on a court order or legislative authorization constitutes a complete defense to any civil or criminal action brought under this

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(a) Any person whose wire, oral or electronic communication is intercepted, disclosed, used or whose identity is disclosed in violation of this article shall have a civil cause of action against any person who so intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use the communications, and shall be entitled to recover from any such person or persons:

(1) Actual damages, but not less than $100 for each day of violation;

(2) Punitive damages, if found to be proper; and

(3) Reasonable attorney fees and reasonable costs of litigation incurred.

(b) A good faith reliance by a provider of electronic or wire communication services on a court order or legislative authorization constitutes a complete defense to any civil or criminal action brought under this article or any other law.