TITLE LVIII
PUBLIC JUSTICE

CHAPTER 570-A
WIRETAPPING AND EAVESDROPPING

Section 570-A:11

    570-A:11 Recovery of Civil Damages Authorized. – Any person whose telecommunication or oral communication is intercepted, disclosed, or used in violation of this chapter 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 such communications, and 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. Good faith reliance on a court order or on a representation made by the attorney general, deputy attorney general or a county attorney shall constitute a complete defense to any civil or criminal action brought under this chapter.

Source. 1969, 403:1. 1995, 280:10, I, eff. Aug. 20, 1995.