2005 Minnesota Statutes

     626A.13 Civil remedies. 

    Subdivision 1.    In general.  Except as provided in 
 section 2511 (2)(a)(ii) of title 18 of the United States Code, a 
 person whose wire, oral, or electronic communication is 
 intercepted, disclosed, or intentionally used in violation of 
 this chapter may in a civil action recover from the person or 
 entity that engaged in that violation relief as may be 
 appropriate. 

    Subd. 2.    Relief.  In an 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 punitive damages in 
 appropriate cases; and 

    (3) a reasonable attorney's fee and other litigation costs 
 reasonably incurred. 

    Subd. 3.    Computation of damages.  (a) In an action 
 under this section, if the conduct in violation of this chapter 
 is the private viewing of a private satellite video 
 communication that is not scrambled or encrypted or if the 
 communication is a radio communication that is transmitted on 
 frequencies allocated under subpart D of part 74 of title 47 of 
 the Code of Federal Regulations that is not scrambled or 
 encrypted and the conduct is not for a tortious or illegal 
 purpose or for purposes of direct or indirect commercial 
 advantage or private commercial gain, then the court shall 
 assess damages as follows: 

    (1) If the person who engaged in that conduct has not 
 previously been enjoined under section 626A.02, subdivision 5, 
 and has not been found liable in a prior civil action under this 
 section, the court shall assess the greater of the sum of actual 
 damages suffered by the plaintiff, or statutory damages of not 
 less than $50 and not more than $500. 

    (2) If, on one prior occasion, the person who engaged in 
 that conduct has been enjoined under section 626A.02, 
 subdivision 5, or has been found liable in a civil action under 
 this section, the court shall assess the greater of the sum of 
 actual damages suffered by the plaintiff, or statutory damages 
 of not less than $100 and not more than $1,000. 

    (b) In any other action under this section, the court may 
 assess as damages whichever is the greater of: 

    (1) the sum of three times the actual damages suffered by 
 the plaintiff and any profits made by the violator as a result 
 of the violation; or 

    (2) statutory damages of whichever is the greater of $100 a 
 day for each day of violation or $10,000. 

    Subd. 4.    Defense.  A good faith reliance on: 

    (1) a court warrant or order, a grand jury subpoena, a 
 legislative authorization, or a statutory authorization; 

    (2) a request of an investigative or law enforcement 
 officer under United States Code, title 18, section 2518(7); or 

    (3) a good faith determination that section 626A.02, 
 subdivision 3, permitted the conduct complained of; 

 is a complete defense against any civil or criminal action 
 brought under this chapter or any other law. 

    Subd. 5.    Limitation.  A civil action under this 
 section may not be begun later than two years after the date 
 upon which the claimant first has a reasonable opportunity to 
 discover the violation. 

    HIST: 1969 c 953 s 13; 1988 c 577 s 44,62; 1989 c 336 art 2 s 
 8; 1991 c 199 art 2 s 1; 1996 c 305 art 1 s 123