2005 North Carolina Code - General Statutes § 15A-296. Recovery of civil damages authorized.

§ 15A‑296.  Recovery of civil damages authorized.

(a)       Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this Article, has a civil cause of action against any person who intercepts, discloses, uses, or procures any other person to intercept, disclose, or use such communications, and is entitled to recover from any other person:

(1)       Actual damages, but not less than liquidated damages, computed at the rate of one hundred dollars ($100.00) a day for each day of violation or one thousand dollars ($1,000), whichever is higher;

(2)       Punitive damages; and

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

(b)       Good faith reliance on a court order or on a representation made by the Attorney General or a district attorney is a complete defense to any civil or criminal action brought under this Article. (1995, c. 407, s. 1.)