2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5725 - Civil action for unlawful interception, disclosure or use of wire, electronic or oral communication.

     § 5725.  Civil action for unlawful interception, disclosure or
                use of wire, electronic or oral communication.
        (a)  Cause of action.--Any person whose wire, electronic or
     oral communication is intercepted, disclosed or used in
     violation of this chapter shall 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
     communication; and shall be entitled to recover from any such
     person:
            (1)  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.
            (2)  Punitive damages.
            (3)  A reasonable attorney's fee and other litigation
        costs reasonably incurred.
        (b)  Waiver of sovereign immunity.--To the extent that the
     Commonwealth and any of its officers, officials or employees
     would be shielded from liability under this section by the
     doctrine of sovereign immunity, such immunity is hereby waived
     for the purposes of this section.
        (c)  Defense.--It is a defense to an action brought pursuant
     to subsection (a) that the actor acted in good faith reliance on
     a court order or the provisions of this chapter.
     (July 10, 1981, P.L.228, No.73, eff. 60 days; Oct. 21, 1988,
     P.L.1000, No.115, eff. imd.)

        Cross References.  Section 5725 is referred to in section
     5713 of this title.