Delaware Code Title 11 Sec. 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.
Terms Used In Delaware Code Title 11 Sec. 2427
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Electronic communication: means any transfer of signs, signals, writing, images, sounds, data or intelligence of any electromagnetic, photoelectronic or photooptical system. See Delaware Code Title 11 Sec. 2401
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means any employee or agent of this State or a political subdivision thereof, or any individual, partnership, association, joint stock company, trust or corporation. See Delaware Code Title 11 Sec. 2401
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Subpoena: A command to a witness to appear and give testimony.
(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.