Kansas Statutes 22-2518. Same; civil action for damages; defense available in civil and criminal actions
Terms Used In Kansas Statutes 22-2518
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Electronic communication: means the use of electronic equipment to send or transfer a copy of an original document;
(2) "electronic communication service" and "electronic communication system" have the meaning as defined in Kan. See Kansas Statutes 22-2502
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(1) Any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this act 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, such communications, and shall be entitled to recover from any such person:
(a) 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 greater;
(b) punitive damages; and
(c) reasonable attorneys’ fees and other litigation costs reasonably incurred.
(2) A good faith reliance by any person on a court order authorizing the interception of any wire, oral or electronic communication shall constitute a complete defense in any civil or criminal action brought against such person based upon such interception.