Public-domain · open source
OpenJurist

Haw. Rev. Stat. § 803-48

Recovery of civil damages authorized

Applied in 1 court decision — leading case Phillips v. American Motorist Insurance Co. (1999)

Most recently applied in Phillips v. American Motorist Insurance Co. (May 1999)

L 1978, c 218, pt of §2; am L 1986, c 303, §8; am L 1989, c 164, §10; am L 2006, c 200, pt of §4

Any person whose wire, oral, or electronic communication is accessed, intercepted, disclosed, or used in violation of this part shall[:]

(1) Have a civil cause of action against any person who accesses, intercepts, discloses, or uses, or procures any other person to access, intercept, disclose, or use the communications[;] and

(2) Be entitled to recover from any such person:

(A) The greater of[:]

(i) The sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation[;] or

(ii) Statutory damages of the greater of $100 a day for each day of violation or $10,000;

(B) Punitive damages, where appropriate; and

(C) A reasonable attorney's fee and other litigation costs reasonably incurred.

The aggrieved person may also seek and be awarded such preliminary, and other equitable or declaratory relief as may be appropriate. A good faith reliance on a court order shall constitute a complete defense to any civil action brought under this part.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.