US Laws, Codes, Statutes & Cases

     626A.32 Civil action. 

    Subdivision 1.    Cause of action.  Except as provided 
 in section 626A.28, subdivision 5, a provider of electronic 
 communication service, subscriber, or customer aggrieved by a 
 violation of this chapter in which the conduct constituting the 
 violation is engaged in with a knowing or intentional state of 
 mind may, in a civil action, recover from the person or entity 
 which engaged in that violation relief as may be appropriate.  

    Subd. 2.    Relief.  In a civil action under this 
 section, appropriate relief includes:  

    (1) temporary and other equitable or declaratory relief as 
 may be appropriate; 

    (2) damages under subdivision 3; and 

    (3) a reasonable attorney's fee and other litigation costs 
 reasonably incurred.  

    Subd. 3.    Damages.  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 is a person 
 entitled to recover to receive less than the sum of $1,000.  

    Subd. 4.    Defense.  A good faith reliance on:  

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

    (2) a good faith determination that section 626A.02, 
 subdivision 3, permitted the conduct complained of; 

 is a complete defense to a civil or criminal action brought 
 under sections 626A.26 to 626A.34 or any other law.  

    Subd. 5.    Limitation.  A civil action under this 
 section may not be commenced later than two years after the date 
 upon which the claimant first discovered or had a reasonable 
 opportunity to discover the violation.  

    HIST: 1988 c 577 s 53,62; 1989 c 336 art 2 s 8 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.