15A-296. Recovery of civil damages authorized.
(a) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this Article, has a civil cause of action against any person who intercepts, discloses, uses, or procures any other person to intercept, disclose, or use such communications, and is entitled to recover from any other person:
(1) Actual damages, but not less than liquidated damages, computed at the rate of one hundred dollars ($100.00) a day for each day of violation or one thousand dollars ($1,000), whichever is higher;
(2) Punitive damages; and
(3) A reasonable attorneys' fee and other litigation costs reasonably incurred.
(b) Good faith reliance on a court order or on a representation made by the Attorney General or a district attorney is a complete defense to any civil or criminal action brought under this Article. (1995, c. 407, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
Article 16 - Electronic Surveillance.
§ 15A-287 - Interception and disclosure of wire, oral, or electronic communications prohibited.
§ 15A-289 - Confiscation of wire, oral, or electronic communication interception devices.
§ 15A-290 - Offenses for which orders for electronic surveillance may be granted.
§ 15A-291 - Application for electronic surveillance order; judicial review panel.
§ 15A-292 - Request for application for electronic surveillance order.
§ 15A-293 - Issuance of order for electronic surveillance; procedures for implementation.
§ 15A-295 - Reports concerning intercepted wire, oral, or electronic communications.
§ 15A-296 - Recovery of civil damages authorized.