(1) Except under Subsection 77-23b-4(5), any provider of electronic communications service, subscriber, or customer aggrieved by any 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 that engaged in that violation relief as is appropriate.
(2) In a civil action under this section, appropriate relief includes: (a) preliminary and other equitable or declaratory relief as is appropriate; (b) damages under Subsection (3); and (c) a reasonable attorney's fee and other litigation costs reasonably incurred.
(a) preliminary and other equitable or declaratory relief as is appropriate;
(b) damages under Subsection (3); and
(c) a reasonable attorney's fee and other litigation costs reasonably incurred.
(3) 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 less than $1,000.
(4) A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this chapter or any other law: (a) a court warrant or order, a grand jury subpoena, legislative authorization, or a statutory authorization; (b) a request of an investigative or law enforcement officer under Subsection 77-23a-10(7); or (c) a good faith determination that Subsection 77-23a-4(9) permitted the conduct complained of.
(a) a court warrant or order, a grand jury subpoena, legislative authorization, or a statutory authorization;
(b) a request of an investigative or law enforcement officer under Subsection 77-23a-10(7); or
(c) a good faith determination that Subsection 77-23a-4(9) permitted the conduct complained of.
(5) A civil action under this section may not be commenced later than two years after the date the claimant first discovered or had a reasonable opportunity to discover the violation.
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