Del. Code tit. 11 § 2427

Current through 2024 Legislative Session Act Chapter 452
Section 2427 - Civil actions
(a) Right to relief. -- Except as provided in subsection (e) of this section, a provider of electronic communication service, a subscriber or customer aggrieved by a knowing or intentional violation of §§ 2421-2425 of this title may recover appropriate relief in a civil action against the person or entity that engaged in the violation.
(b) Appropriate relief. -- In a civil action under this section, appropriate relief includes:
(1) Appropriate preliminary and other equitable or declaratory relief;
(2) Damages under subsection (c) of this section; and
(3) A reasonable attorney's fee and other litigation costs reasonably incurred.
(c) Damages. -- The court may assess as damages in a civil action under this section 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 $1,000.
(d) Defenses. -- A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this section or any other law of this state:
(1) A court warrant or order, a grand jury or Attorney General's subpoena, a legislative authorization or a statutory authorization; or
(2) A good faith determination that § 2403 or § 2423 of this title permitted the conduct that is the subject of the action.
(e) Limitations period. -- A civil action under this section shall be filed within 2 years after the day on which the claimant first discovered or had a reasonable opportunity to discover the violation.

11 Del. C. § 2427

72 Del. Laws, c. 232, § 1.;