§ 12-5.1-13. Civil remedy.
(a) 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 the communications, and shall be entitled to recover from that person:
(1) Actual damages, but not less than liquidated damages, computed at the rate of one hundred dollars ($100) per day for each day of violation, or one thousand dollars ($1,000), whichever is higher;
(2) Punitive damages; and
(3) Reasonable attorneys’ fees and other litigation disbursements reasonably incurred.
(b) Good faith reliance on a court order issued under this chapter shall constitute a complete defense to any civil or criminal action brought under this section or any other law. Any communications common carrier and its employees shall be deemed to have acted in good faith upon receipt of a certified copy of the court order issued under this chapter and the representations of the attorney general or an assistant attorney general specially designated by the attorney general.
History of Section.P.L. 1969, ch. 55, § 1; P.L. 1974, ch. 121, § 1; P.L. 1979, ch. 239, § 1; P.L. 1999, ch. 167, § 2.
Structure Rhode Island General Laws
Chapter 12-5.1 - Interception of Wire and Oral Communications
Section 12-5.1-1. - Definitions.
Section 12-5.1-2. - Application for orders.
Section 12-5.1-3. - Where application may be made.
Section 12-5.1-4. - Issuance of orders.
Section 12-5.1-5. - Form and content of orders.
Section 12-5.1-6. - Approval of interception of wire, electronic, or oral communication.
Section 12-5.1-7. - Execution of orders.
Section 12-5.1-8. - Maintenance and custody of records.
Section 12-5.1-9. - Return of inventory.
Section 12-5.1-10. - Disclosure and use of intercepted wire or oral communications.
Section 12-5.1-11. - Notice of intention.
Section 12-5.1-12. - Suppression of evidence.
Section 12-5.1-13. - Civil remedy.
Section 12-5.1-14. - Annual report of interceptions to the general assembly.
Section 12-5.1-15. - Conformity to the law of the United States.