808B.8 Civil damages authorized — civil and criminal immunity — injunctive relief.
1. A person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter shall:
a. 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.
b. Be entitled to recover from any such person all of the following:
(1) Actual damages, but not less than liquidated damages computed at the rate of one hundred dollars a day for each day of violation, or one thousand dollars, whichever is higher.
(2) Punitive damages upon a finding of a willful, malicious, or reckless violation of this chapter.
(3) A reasonable attorney fee and other litigation costs reasonably incurred.
2. A good faith reliance on a court order shall constitute a complete defense to any civil or criminal action brought under this chapter.
3. A person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter may seek an injunction, either temporary or permanent, against any person who violates this chapter.
89 Acts, ch 225, §29; 99 Acts, ch 78, §23, 24
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 808B - INTERCEPTION OF COMMUNICATIONS
Section 808B.2 - Unlawful acts — penalty.
Section 808B.3 - Court order for interception by special agents.
Section 808B.4 - Permissible disclosure and use.
Section 808B.5 - Application and order.
Section 808B.6 - Reports to state court administrator.
Section 808B.7 - Contents of intercepted wire, oral, or electronic communication as evidence.
Section 808B.8 - Civil damages authorized — civil and criminal immunity — injunctive relief.
Section 808B.10 - Restrictions on use and installation of a pen register or a trap and trace device.
Section 808B.11 - Application and order to install and use a pen register or trap and trace device.
Section 808B.12 - Emergency installation and use — subsequent application and order.
Section 808B.13 - Assistance in installation and use of a pen register or a trap and trace device.
Section 808B.14 - Reporting installation and use of pen registers and trap and trace devices.