2018 Maryland Code
Courts and Judicial Proceedings
Title 10 - Evidence
Subtitle 4 - Wiretapping and Electronic Surveillance
§ 10-410. Civil liability; defense to civil or criminal action

  • (a) Civil liability. -- Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this subtitle 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 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 attorney's 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 subtitle or under any other law.

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