New Hampshire Revised Statutes 570-A:11 – Recovery of Civil Damages Authorized
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Terms Used In New Hampshire Revised Statutes 570-A:11
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Intercept: means the aural or other acquisition of, or the recording of, the contents of any telecommunication or oral communication through the use of any electronic, mechanical, or other device. See New Hampshire Revised Statutes 570-A:1
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Oral communication: means any verbal communication uttered by a person who has a reasonable expectation that the communication is not subject to interception, under circumstances justifying such expectation. See New Hampshire Revised Statutes 570-A:1
- Person: means any employee or agent of the state or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See New Hampshire Revised Statutes 570-A:1
- Telecommunication: means the transfer of any form of information in whole or in part through the facilities of a communications common carrier. See New Hampshire Revised Statutes 570-A:1
Any person whose telecommunication or oral communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose or use such communications, and be entitled to recover from any such person: (a) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (b) punitive damages; and (c) a reasonable attorney’s fee and other litigation costs reasonably incurred. Good faith reliance on a court order or on a representation made by the attorney general, deputy attorney general or a county attorney shall constitute a complete defense to any civil or criminal action brought under this chapter.