A. In a civil action, a customer whose communication service records, telephone records or public utility records were procured, sold or received in violation of this article may recover from the person that committed the violation the following relief:
Terms Used In Arizona Laws 44-1376.04
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Public utility: includes public service corporations, municipally owned systems and districts subject to article XIII, section 7, Constitution of Arizona, power districts, electrical districts, agricultural improvement districts or irrigation and water conservation districts established pursuant to title 48, chapter 11, 12, 17 or 19. See Arizona Laws 44-1376
- Telephone: means any device that is used by a person for voice communications in connection with the services of a telephone company whether the voice communications are transmitted in analog, data or any other form. See Arizona Laws 44-1376
1. Preliminary and other equitable or declaratory relief as may be appropriate.
2. Damages equal to 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 shall a person entitled to recover receive less than one thousand dollars.
3. Reasonable attorney fees and other litigation costs that are reasonably incurred.
B. A civil action under this section may not be commenced more than two years after the date on which the claimant first discovered or had a reasonable opportunity to discover the violation.