2012 US Code
Title 18 - Crimes and Criminal Procedure
Part I - CRIMES (§§ 1 - 2725)
Chapter 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS (§§ 2510 - 2522)
Section 2520 - Recovery of civil damages authorized
Publication Title | United States Code, 2012 Edition, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS Sec. 2520 - Recovery of civil damages authorized |
Contains | section 2520 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 90-351, title III, §802, June 19, 1968, 82 Stat. 223; amended Pub. L. 91-358, title II, §211(c), July 29, 1970, 84 Stat. 654; Pub. L. 99-508, title I, §103, Oct. 21, 1986, 100 Stat. 1853; Pub. L. 107-56, title II, §223(a), Oct. 26, 2001, 115 Stat. 293; Pub. L. 107-296, title II, §225(e), Nov. 25, 2002, 116 Stat. 2157. |
Statutes at Large References | 82 Stat. 223 84 Stat. 654 100 Stat. 1853 115 Stat. 293 116 Stat. 2157 |
Public Law References | Public Law 90-351, Public Law 91-358, Public Law 99-508, Public Law 107-56, Public Law 107-296 |
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(a)
(b)
(1) such preliminary and other equitable or declaratory relief as may be appropriate;
(2) damages under subsection (c) and punitive damages in appropriate cases; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
(c)
(A) If the person who engaged in that conduct has not previously been enjoined under section 2511(5) and has not been found liable in a prior civil action under this section, the court shall assess the greater of the sum of actual damages suffered by the plaintiff, or statutory damages of not less than $50 and not more than $500.
(B) If, on one prior occasion, the person who engaged in that conduct has been enjoined under section 2511(5) or has been found liable in a civil action under this section, the court shall assess the greater of the sum of actual damages suffered by the plaintiff, or statutory damages of not less than $100 and not more than $1000.
(2) In any other action under this section, the court may assess as damages whichever is the greater of—
(A) the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation; or
(B) statutory damages of whichever is the greater of $100 a day for each day of violation or $10,000.
(d)
(1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization;
(2) a request of an investigative or law enforcement officer under section 2518(7) of this title; or
(3) a good faith determination that section 2511(3) or 2511(2)(i) of this title permitted the conduct complained of;
is a complete defense against any civil or criminal action brought under this chapter or any other law.
(e)
(f)
(g)
(Added Pub. L. 90–351, title III, §802, June 19, 1968, 82 Stat. 223; amended Pub. L. 91–358, title II, §211(c), July 29, 1970, 84 Stat. 654; Pub. L. 99–508, title I, §103, Oct. 21, 1986, 100 Stat. 1853; Pub. L. 107–56, title II, §223(a), Oct. 26, 2001, 115 Stat. 293; Pub. L. 107–296, title II, §225(e), Nov. 25, 2002, 116 Stat. 2157.)
Amendments2002—Subsec. (d)(3). Pub. L. 107–296 inserted “or 2511(2)(i)” after “2511(3)”.
2001—Subsec. (a). Pub. L. 107–56, §223(a)(1), inserted “, other than the United States,” after “person or entity”.
Subsecs. (f), (g). Pub. L. 107–56, §223(a)(2), (3), added subsecs. (f) and (g).
1986—Pub. L. 99–508 amended section generally. Prior to amendment, section read as follows: “Any person whose wire or oral communication is intercepted, disclosed, or used in violation of this chapter shall (1) have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use such communications, and (2) be entitled to recover from any such person—
“(a) 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;
“(b) punitive damages; and
“(c) a reasonable attorney's fee and other litigation costs reasonably incurred.
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.”
1970—Pub. L. 91–358 substituted provisions that a good faith reliance on a court order or legislative authorization constitute a complete defense to any civil or criminal action brought under this chapter or under any other law, for provisions that a good faith reliance on a court order or on the provisions of section 2518(7) of this chapter constitute a complete defense to any civil or criminal action brought under this chapter.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99–508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99–508, set out as a note under section 2510 of this title.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91–358 effective on first day of seventh calendar month which begins after July 29, 1970, see section 901(a) of Pub. L. 91–358.
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