Maryland Code § CJ-10-4A-08

Section CJ-10-4A-08
Open in Lexace · Ask the AI about this section
(a) Except as provided in § 10-4A-04(d) of this subtitle, a provider of
electronic communication service, subscriber, or customer aggrieved by a knowing or
intentional violation of this subtitle may recover appropriate relief in a civil action
against the person or entity that engaged in the violation.
(b) In a civil action under this section, appropriate relief includes:
(1) Appropriate preliminary and other equitable or declaratory relief;
(2) Damages under subsection (c) of this section; and
(3) A reasonable attorney's fee and other litigation costs reasonably
incurred.
(c) The court may assess as damages in a civil action under this section the
sum of the actual damages suffered by the plaintiff and any profits made by the
violator as a result of the violation, but in no case shall a person entitled to recover
receive less than $1,000.
(d) A good faith reliance on any of the following is a complete defense to any
civil or criminal action brought under this subtitle or any other State law:
(1) A court warrant or order, a grand jury subpoena, a legislative
authorization, or a statutory authorization; or
(2) A good faith determination that § 10-402(d) of this title permitted
the conduct that is the subject of the action.
(e) A civil action under this section shall be filed within 2 years after the
day on which the claimant first discovered or had a reasonable opportunity to discover
the violation.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.