2019 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 24. Wiretapping, Electronic Surveillance and Interception of Communications
Subchapter I Electronic Surveillance and Interception of Communications
§ 2409 Civil liability; defense to civil or criminal action.

Universal Citation: 11 DE Code § 2409 (2019)

(a) Civil liability. — Any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, uses, or procures any other person to intercept, disclose or use the communications and be entitled to recover from any 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; and,

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

(b) Defense. — A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this chapter or under any other law.

72 Del. Laws, c. 232, § 1.

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