§62-1D-12. Civil liability; defense to civil or criminal action.
(a) Any person whose wire, oral or electronic communication is
intercepted, disclosed, used or whose identity is disclosed in
violation of this article shall have a civil cause of action
against any person who so intercepts, discloses, or uses, or
procures any other person to intercept, disclose, or use the
communications, and shall be entitled to recover from any such
person or persons:
(1) Actual damages, but not less than one hundred dollars for
each day of violation;
(2) Punitive damages, if found to be proper; and
(3) Reasonable attorney fees and reasonable costs of
(b) A good faith reliance by a provider of electronic or wire
communication services on a court order or legislative
authorization constitutes a complete defense to any civil or
criminal action brought under this article or any other law.