Any person whose wire, electronic or oral communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, 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 one hundred dollars ($100) a day for each day of violation or one thousand dollars ($1,000), whichever is higher;
Terms Used In Idaho Code 18-6709
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Intercept: means the aural or other acquisition of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical, or other device. See Idaho Code 18-6701
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Oral communication: means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation but such term does not include any electronic communication. See Idaho Code 18-6701
- Person: means any employee or agent of the state or political subdivision thereof and any individual, partnership, association, joint stock company, trust, cooperative, or corporation. See Idaho Code 18-6701
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(b) Punitive damages; and
(c) A reasonable attorney’s fee and other litigation costs reasonably incurred.
A good faith reliance on a court order shall constitute a complete defense to any civil or criminal action under the laws of this state.