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§ 2427 — Delaware Law | CourtGPT
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  7. § 2427
Delaware Legal Code

§ 2427

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(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

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.72 Del. Laws, c. 232, § 1;