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§ 10-410. Liability for wrongful interceptions

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 10. Evidence (Refs & Annos)
Subtitle 4. Wiretapping and Electronic Surveillance (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 10-410
§ 10-410. Liability for wrongful interceptions
Damages, attorneys’ fees, and costs
(a) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this subtitle 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 the communications, and be entitled to recover from any 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; and
(3) A reasonable attorney's fee and other litigation costs reasonably incurred.
Defense
(b) A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this subtitle or under any other law.

Credits

Added by Acts 1977, c. 692, § 3, eff. July 1, 1977. Amended by Acts 1988, c. 607.
MD Code, Courts and Judicial Proceedings, § 10-410, MD CTS & JUD PRO § 10-410
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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