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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

11 Del. C. § 2427: Civil actions.

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Where this section sits in the code
  1. Title 11. Crimes and Criminal Procedure
  2. Criminal Procedure Generally
  3. CHAPTER 24. Wiretapping, Electronic Surveillance and Interception of Communications
  4. Subchapter II. Stored Wire and Electronic Communications and Transactional Records Access

(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 attorneys’ 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.

Collected 2026-09-05T23:02:14Z. Source file · JSON

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