Subdivision 1. Cause of action. Except as provided in section 626A.28, subdivision 5, a provider of electronic communication service, subscriber, or customer aggrieved by a violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation relief as may be appropriate.
Subd. 2. Relief. In a civil action under this section, appropriate relief includes:
(1) temporary and other equitable or declaratory relief as may be appropriate;
(2) damages under subdivision 3; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
Subd. 3. Damages. 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 is a person entitled to recover to receive less than the sum of $1,000.
Subd. 4. Defense. A good faith reliance on:
(1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; or
(2) a good faith determination that section 626A.02, subdivision 3, permitted the conduct complained of;
is a complete defense to a civil or criminal action brought under sections 626A.26 to 626A.34 or any other law.
Subd. 5. Limitation. A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.
1988 c 577 s 53,62; 1989 c 336 art 2 s 8
Structure Minnesota Statutes
Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications
Chapter 626A — Wire, Electronic, Or Oral Communications; Interception
Section 626A.01 — Definitions.
Section 626A.05 — Authorization For Interception Of Wire, Electronic, Or Oral Communications.
Section 626A.06 — Procedure For Interception Of Wire, Electronic, Or Oral Communications.
Section 626A.065 — Emergency Interception.
Section 626A.07 — Return Filed By Officer.
Section 626A.08 — Preservation Of Material Obtained, Applications And Orders; Destruction.
Section 626A.10 — Notice To Defendant.
Section 626A.11 — Admissibility Of Intercepted Evidence.
Section 626A.12 — Motion To Suppress Evidence.
Section 626A.13 — Civil Remedies.
Section 626A.14 — Obtaining Telephone And Telegraph Company Information.
Section 626A.15 — Duty To Report Violations.
Section 626A.16 — Telephone Company To Aid In Detection.
Section 626A.17 — Report Concerning Interception Of Communications.
Section 626A.18 — Illegal Transfers Of Intercepting Devices.
Section 626A.19 — Forfeitures.
Section 626A.20 — Suspension Or Revocation Of Licenses.
Section 626A.25 — Injunction Against Illegal Interception.
Section 626A.26 — Unlawful Access To Stored Communications.
Section 626A.27 — Disclosure Of Contents.
Section 626A.28 — Requirements For Governmental Access.
Section 626A.31 — Cost Reimbursement.
Section 626A.32 — Civil Action.
Section 626A.33 — Exclusivity Of Remedies.
Section 626A.34 — Definitions.
Section 626A.38 — Register, Trap And Trace Device, Or Mobile Tracking Device.
Section 626A.381 — Service Or Notice; Inventory.
Section 626A.39 — Definitions.
Section 626A.391 — Civil Action; Damages.