2013 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
§ 10-4A-08 - Civil actions


MD Cts & Jud Pro Code § 10-4A-08 (2013) What's This?

(a) Right to relief. -- 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) Appropriate relief. -- 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) 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 shall a person entitled to recover receive less than $ 1,000.

(d) Defenses. -- 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) Limitations period. -- 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.

Disclaimer: These codes may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.