Civil suits

The statute does not authorize civil lawsuits against violators.

The statute does not authorize civil lawsuits against violators.

Any person whose communications are illegally intercepted in violation of the state’s eavesdropping laws may bring a civil suit within one year of the discovery of the violation to recover for damages, attorney fees, and any profits made by the person disclosing the information. Ariz. Rev. Stat. Ann. § 12-731. In some cases, the court can also assess punitive damages.

The statute does not authorize civil lawsuits against violators.

Under the state’s eavesdropping and wiretap laws, anyone injured by an illegally recorded or disclosed in-person or telephone conversation can recover civil damages of $5,000 or three times the actual damages, whichever is greater. Cal. Penal Code § 637.2. The court may also impose injunctions preventing the use of illegally obtained information. Cal. Penal Code § 637.2(b).

The anti-paparazzi law provides for fines of between $5,000 and $50,000, three times the amount of actual or special damages, and punitive damages for committing an assault or trespassing to capture a visual image or sound recording. Cal. Civil Code § 1708.8(d).

Colorado does not generally authorize civil lawsuits against violators, except under the state’s law providing a right to record police officers without consent. Under that law, if an officer interferes with the right to record, seizes or destroys a recording or recording device in violation of this law, or retaliates against an individual for recording an incident involving a police officer, the individual may file a complaint and, if denied, a civil lawsuit against the law enforcement agency. Colo. Rev. Stat. § 13-21-128. The individual is entitled to $500 for each damaged or destroyed recording, the replacement value of the device, attorney’s fees, and punitive damages. Id.

Recording a telephone conversation without the consent of all parties subjects an individual to liability for damages, as well as litigation costs and attorney’s fees. Conn. Gen. Stat. § 52-570d(c).

Any person whose communications are illegally recorded, intercepted, disclosed or used in violation of the state’s wiretapping law may bring a suit to recover for both actual and punitive damages of not less than $1,000, as well as attorney’s fees and litigation costs. Del. Code Ann. tit. 11, § 2409(a). However, good faith reliance on a court order or legislative authorization constitutes a complete defense.

Anyone who illegally records, uses or discloses the contents of a communication is also subject to civil liability for the greater of actual damages, damages in the amount of $100 per day for each day of the violation, or $1,000, along with punitive damages, attorney’s fees and litigation costs. D.C. Code § 23-554.

Those whose communications have been illegally intercepted or disclosed may recover actual damages of up to $1,000 for each day of the violation, along with punitive damages, attorney’s fees, and litigation costs. Fla. Stat. § 934.10. Either the parties alleging the violation must be Florida residents or the words of any intercepted private conversation must be spoken in Florida. See Cohen Brothers, LLC v. ME Corp., S.A., 872 So.2d 321, 324 (Fla. 3d Dist. Ct. App. 2004).

While the eavesdropping and wiretapping laws do not explicitly list potential civil penalties, courts have held that those whose conversations were recorded without at least one party’s consent in violation of the laws can bring civil lawsuits against the violators. Kemeness v. Worth Cty., No. 1:19-CV-120 (LAG), 2020 WL 2764020, at *7 (M.D. Ga. Mar. 18, 2020).

Anyone whose communications have been illegally intercepted, recorded, disclosed or used may bring a civil suit to recover actual damages and any profits made by the violator or $10,000, whichever is greater, along with punitive damages, attorney fees and litigation costs. Haw. Rev. Stat. § 803-48.

Anyone whose communications have been illegally intercepted, disclosed or used may recover actual and punitive damages, along with attorney’s fees and litigation costs. Idaho Code Ann. § 18-6709.

Participants to any communication intercepted or recorded in violation of the state’s eavesdropping statute have civil remedies that include injunctive relief prohibiting any further eavesdropping, as well as actual and punitive damages against the eavesdropper. 720 Ill. Compiled Stat. 5/14-6.

Civil liability for intercepting the contents of a confidential electronic communication in violation of the state’s wiretapping law may require the payment of actual damages, $100 for each day of the violation or $1,000, whichever is greater, plus punitive damages, court costs and attorney’s fees. Ind. Code Ann. § 35-33.5-5-4.

Anyone whose confidential communications are intercepted, disclosed or used in violation of the state’s “Interception of Communications” statute may seek injunctive relief from the court and recover in a civil suit the payment of actual damages, $100 per day or $1,000, whichever is greater, plus potential punitive damages, attorney’s fees and other litigation costs. Iowa Code Ann. § 808B.8.

Anyone whose confidential oral, wire or electronic communications are intercepted, disclosed or used in violation of the state’s laws may recover in a civil suit the payment of actual damages, $100 per day or $1,000, whichever is greater, plus potential punitive damages, attorney’s fees and other litigation costs. Kan. Stat. Ann. §22-2518.

The statute does not authorize civil lawsuits against violators.

Anyone whose confidential communications are intercepted, disclosed or used in violation of the state’s eavesdropping law may recover in a civil suit the payment of actual damages, $100 per day or $1,000, whichever is greater, plus potential punitive damages, attorney’s fees and other litigation costs. La. Rev. Stat. Ann. § 15:1312.

Anyone whose communications have been recorded, intercepted, disclosed or used in violation of the law can sue for civil damages and recover the greater of $100 a day for each day of the violation or actual damages, and also attorney’s fees and litigation costs. Me. Rev. Stat. Ann. tit. 15, § 711.

The court may award actual and punitive damages, as well as reasonable attorney’s fees and litigation costs, to anyone whose private communications were intercepted, recorded or disclosed in violation of the state’s Wiretap Act. Md. Code Ann., Cts. & Jud. Proc. § 10-410.

The court may also award actual damages and reasonable attorney’s fees to anyone who was surveilled in violation of the hidden camera law. Md. Crim. Law § 3-901, -902, -903.

The court may award actual and punitive damages, as well as reasonable attorney’s fees and litigation costs, to anyone whose private communications were recorded, disclosed or used in violation of the state’s eavesdropping law. Mass. Gen. Laws ch. 272, § 99(Q). Actual damages would be no less than $100 per day for each day of violation, or $1,000. Id.

The court may award injunctive relief, as well as actual and punitive damages to anyone whose private communications were recorded or disclosed in violation of the state’s eavesdropping law. Mich. Comp. Laws § 750.539h.

Anyone whose in-person, telephone or electronic communications were intercepted, recorded or disclosed in violation of the wiretapping law can sue for injunctive relief, and the defendant may have to pay three times the amount of actual damages (plus any profits the defendant made), $100 per day or $10,000, whichever is greater. Minn. Stat. § 626A.13. In addition, the court may award punitive damages, litigation costs and attorney’s fees. Id.

Anyone whose communications were recorded, intercepted, disclosed or used in violation of the state’s wiretapping law can seek damages through a civil suit and may recover actual damages —not less than $100 per day or $1,000, whichever is greater — plus potential punitive damages, attorney’s fees and litigation costs. Miss. Code Ann. § 41-29-529.

Anyone whose telephone or other wire communication has been recorded or disclosed in violation of the wiretap law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of violation or $10,000, and can recover punitive damages, attorney’s fees and court costs as well. Mo. Ann. Stat. § 542.418.

The statute does not authorize civil lawsuits against violators.

Anyone whose in-person, telephone or electronic communication has been recorded, disclosed or intentionally used in violation of the law can bring a civil suit for such relief as a judge deems appropriate, and secure damages, attorney’s fees and court costs. Neb. Rev. Stat. § 86-297. Damages may be the greater of actual damages, $100 for each day of violation or $10,000. Id.

Anyone whose in-person or telephone conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of the violation or $1,000, and can recover punitive damages, attorney’s fees and court costs as well. Nev. Rev. Stat. § 200.690.

Anyone whose in-person or telephone conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of the violation or $1,000, and can recover punitive damages, attorney’s fees and court costs as well. N.H. Rev. Stat. Ann. § 570-A:11.

Anyone whose in-person, telephone or electronic communication has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of violation or $1,000, and can recover punitive damages, attorney’s fees and court costs as well. N.J. Stat. Ann. § 2A:156A-24.

Anyone whose landline telephone conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of the violation, or $1,000, and can also recover punitive damages, attorney’s fees and court costs. N.M. Stat. Ann. § 30-12-11.

New York’s eavesdropping law does not authorize any civil penalties. Greenfield v. Schultz, 673 N.Y.S.2d 684, 685 (N.Y. App. Div. 1998). Similarly, the hidden camera law also does not permit civil penalties.

Anyone whose oral, telephone or electronic conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of violation, or $1,000, and can also recover punitive damages, attorney’s fees, and court costs. N.C. Gen. Stat. § 15A-296.

The law does not authorize civil lawsuits against violators.

Anyone whose oral, telephone or electronic conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $200 a day for each day of the violation, or $10,000. The court may also award punitive damages and reasonable attorney’s fees and costs. Ohio Rev. Code § 2933.65.

The law does not authorize civil lawsuits against violators.

Anyone whose telephone or electronic conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of violation, or $1,000, and can also recover punitive damages and attorney’s fees. Or. Rev. Stat. § 133.739.

Anyone whose in-person, telephone or electronic communication has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of violation, or $1,000, and can recover punitive damages, attorney’s fees and court costs as well. 18 Pa. Cons. Stat. Ann. § 5725.

Anyone whose telephone, electronic or oral conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of the violation, or $1,000, and can also recover punitive damages and attorney’s fees and costs. R.I. Gen. Laws § 12-5.1-13.

Anyone whose oral, telephone or electronic conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $500 a day for each day of the violation, or $25,000, and can also recover punitive damages and attorney’s fees and costs. S.C. Code § 17-30-135.

The law does not authorize civil lawsuits against violators.

Anyone whose in-person, telephone or electronic conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of violation, or $10,000, and can also recover punitive damages, attorney’s fees and court costs. In addition, anyone whose oral, telephone or electronic conversation is or is about to be disclosed in violation of the law may seek to enjoin and restrain the disclosure. Tenn. Code Ann. § 39-13-603.

Anyone whose in-person, telephone or electronic conversation has been recorded or disclosed in violation of the law can bring a civil suit and may be entitled to recover a sum of $10,000 for each violation, actual damages in excess of $10,000, punitive damages, and attorney’s fees and court costs. Tex. Civ. Prac. & Rem. Code Ann. § 123.004. An aggrieved person may also seek an injunction prohibiting further unlawful recording or disclosure. Id.

Anyone whose in-person, telephone or electronic conversation has been recorded or disclosed in violation of the law can bring a civil suit for injunctive relief and/or to recover actual damages plus profits made by the violator, $100 a day for each day of the violation, or $10,000, whichever is greater. Utah Code Ann. §§ 77-23a-11. An aggrieved party can also recover punitive damages attorney’s fees and court costs. Id.

There are no specific laws in Vermont addressing the recording of in-person, telephone or electronic conversations. However, under federal law, anyone whose telephone, electronic or oral conversation has been recorded or disclosed in violation of federal law can bring a civil suit for injunctive relief and/or to recover actual damages plus profits made by the violator, $100 a day for each day of violation, or $10,000, whichever is greater. 18 U.S.C. § 2520. An aggrieved party can also recover punitive damages, attorney’s fees and court costs. Id.

Anyone whose in-person, telephone or electronic conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $400 a day for each day of violation, or $4,000, and can also recover punitive damages, attorney’s fees and court costs. Va. Code Ann. § 19.2-69.

Anyone whose in-person, telephone or electronic conversation has been recorded in violation of the law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of the violation, or $1,000, and can also recover attorney’s fees and court costs. Wash. Rev. Code Ann. § 9.73.060.

Anyone whose in-person, telephone or electronic conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages or $100 a day for each day of the violation, as well as punitive damages, attorney’s fees and court costs. W. Va. Code § 62-1D-12.

Anyone whose in-person, telephone or electronic conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of the violation, or $1,000, and can also recover punitive damages, attorney’s fees and court costs. Wis. Stat. Ann. § 968.31.

Anyone whose in-person, telephone or electronic conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages or $1,000 a day for each day of the violation and can also recover punitive damages, attorney’s fees and court costs. Wyo. Stat. Ann. § 7-3-710(a).