626A.32 CIVIL ACTION.
Subdivision 1. Cause of action.
Except as provided in section
626A.28, subdivision 5
provider of electronic communication service, subscriber, or customer aggrieved by a 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 which engaged
in that violation relief as may be appropriate.
Subd. 2. Relief.
In a civil action under this section, appropriate relief includes:
(1) temporary and other equitable or declaratory relief as may be appropriate;
(2) damages under subdivision 3; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
Subd. 3. Damages.
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 to receive less than the sum of $1,000.
Subd. 4. Defense.
A good faith reliance on:
(1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory
(2) a good faith determination that section
626A.02, subdivision 3
, permitted the conduct
is a complete defense to a civil or criminal action brought under sections
any other law.
Subd. 5. Limitation.
A civil action under this section may not be commenced later than two
years after the date upon which the claimant first discovered or had a reasonable opportunity to
discover the violation.
History: 1988 c 577 s 53,62; 1989 c 336 art 2 s 8