(a)        Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this Article, has 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 is entitled to recover from any other person:

(1)        Actual damages, but not less than liquidated damages, computed at the rate of one hundred dollars ($100.00) a day for each day of violation or one thousand dollars ($1,000), whichever is higher;

(2)        Punitive damages; and

(3)        A reasonable attorneys’ fee and other litigation costs reasonably incurred.

(b)        Good faith reliance on a court order or on a representation made by the Attorney General or a district attorney is a complete defense to any civil or criminal action brought under this Article. (1995, c. 407, s. 1.)

Terms Used In North Carolina General Statutes 15A-296

  • Attorney General: means the Attorney General of the State of North Carolina, unless otherwise specified. See North Carolina General Statutes 15A-286
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, Internet, or similar capabilities. See North Carolina General Statutes 15A-101.1
  • Intercept: means the aural or other acquisition of the contents of any wire, oral, or electronic communication through the use of any electronic, mechanical, or other device. See North Carolina General Statutes 15A-286
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: means any employee or agent of the United States or any state or any political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See North Carolina General Statutes 15A-286