Maryland Courts and Judicial Proceedings Section 10-4A-08

Article - Courts and Judicial Proceedings

§ 10-4A-08.

      (a)      Except as provided in § 10-4A-04(e) 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.