Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 57 - Wiretapping and Electronic Surveillance
Section 5725 - Civil action for unlawful interception, disclosure or use of wire, electronic or oral communication


(a) Cause of action.--Any person whose wire, electronic or oral communication is intercepted, disclosed or used in violation of this chapter shall 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 communication; and shall be entitled to recover from any such person:
(1) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation, or $1,000, whichever is higher.
(2) Punitive damages.
(3) A reasonable attorney's fee and other litigation costs reasonably incurred.
(b) Waiver of sovereign immunity.--To the extent that the Commonwealth and any of its officers, officials or employees would be shielded from liability under this section by the doctrine of sovereign immunity, such immunity is hereby waived for the purposes of this section.
(c) Defense.--It is a defense to an action brought pursuant to subsection (a) that the actor acted in good faith reliance on a court order or the provisions of this chapter.
(July 10, 1981, P.L.228, No.73, eff. 60 days; Oct. 21, 1988, P.L.1000, No.115, eff. imd.)

Cross References. Section 5725 is referred to in section 5713 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 18 - CRIMES AND OFFENSES

Chapter 57 - Wiretapping and Electronic Surveillance

Extra - Chapter Notes

Section 5701 - Short title of chapter

Section 5702 - Definitions

Section 5703 - Interception, disclosure or use of wire, electronic or oral communications

Section 5704 - Exceptions to prohibition of interception and disclosure of communications

Section 5705 - Possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices and telecommunication identification interception devices

Section 5706 - Exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices

Section 5707 - Seizure and forfeiture of electronic, mechanical or other devices

Section 5708 - Order authorizing interception of wire, electronic or oral communications

Section 5709 - Application for order

Section 5710 - Grounds for entry of order

Section 5711 - Privileged communications

Section 5712 - Issuance of order and effect

Section 5712.1 - Target-specific orders

Section 5713 - Emergency situations

Section 5713.1 - Emergency hostage and barricade situations

Section 5714 - Recording of intercepted communications

Section 5715 - Sealing of applications, orders and supporting papers

Section 5716 - Service of inventory and inspection of intercepted communications

Section 5717 - Investigative disclosure or use of contents of wire, electronic or oral communications or derivative evidence

Section 5718 - Interception of communications relating to other offenses

Section 5719 - Unlawful use or disclosure of existence of order concerning intercepted communication

Section 5720 - Service of copy of order and application before disclosure of intercepted communication in trial, hearing or proceeding

Section 5721 - Suppression of contents of intercepted communication or derivative evidence (Repealed)

Section 5721.1 - Evidentiary disclosure of contents of intercepted communication or derivative evidence

Section 5722 - Report by issuing or denying judge

Section 5723 - Annual reports and records of Attorney General and district attorneys

Section 5724 - Training

Section 5725 - Civil action for unlawful interception, disclosure or use of wire, electronic or oral communication

Section 5726 - Action for removal from office or employment

Section 5727 - Expiration (Repealed)

Section 5728 - Injunction against illegal interception

Section 5741 - Unlawful access to stored communications

Section 5742 - Disclosure of contents and records

Section 5743 - Requirements for governmental access

Section 5743.1 - Administrative subpoena

Section 5744 - Backup preservation

Section 5745 - Delayed notice

Section 5746 - Cost reimbursement

Section 5747 - Civil action

Section 5748 - Exclusivity of remedies

Section 5749 - Retention of certain records

Section 5761 - Mobile tracking devices

Section 5771 - General prohibition on use of certain devices and exception

Section 5772 - Application for an order for use of certain devices

Section 5773 - Issuance of an order for use of certain devices

Section 5774 - Assistance in installation and use of certain devices

Section 5775 - Reports concerning certain devices

Section 5781 - Expiration of chapter

Section 5782 - Regulations