Sec. 4. (a) A person whose communications are intercepted, disclosed, or used in violation of this article: (1) has a civil cause of action against a person who intercepts, discloses, uses, or procures another person to intercept, disclose, or use a communication in violation of this article; and (2) is entitled to recover from that person the following: (A) The greater of: (i) actual damages; (ii) liquidated damages computed at a rate of one hundred dollars ($100) each day for each day of violation; or (iii) one thousand dollars ($1,000). (B) Court costs (including fees). (C) Punitive damages, when determined to be appropriate by the court. (D) Reasonable attorney's fees. (b) A good faith reliance on a warrant or an extension issued under this article constitutes a complete defense to a civil action brought under this section. (c) A person described in IC 34-46-4-1 has an affirmative defense under this section if the person was unaware that the communication was intercepted in violation of this article and: (1) has not intercepted the communication; (2) has not procured another person to intercept or disclose the communication; and (3) has used a communication for the purpose of assisting the person to independently confirm information contained in a communication. (d) An action under this section must be brought within two (2) years after the date that the interception, disclosure, or use of a communication in violation of this article initially occurs whichever is later.
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