(a) A person whose communications are intercepted, disclosed, or used in violation of this article:(1) has a civil cause of action against a person who intercepts, discloses, uses, or procures another person to intercept, disclose, or use a communication in violation of this article; and(2) is entitled to recover from that person the following:(A) The greater of:(i) actual damages;(ii) liquidated damages computed at a rate of one hundred dollars ($100) each day for each day of violation; or(iii) one thousand dollars ($1,000).(B) Court costs (including fees).(C) Punitive damages, when determined to be appropriate by the court.(D) Reasonable attorney's fees.(b) A good faith reliance on a warrant or an extension issued under this article constitutes a complete defense to a civil action brought under this section.(c) A person described in IC 34-46-4-1 has an affirmative defense under this section if the person was unaware that the communication was intercepted in violation of this article and:(1) has not intercepted the communication;(2) has not procured another person to intercept or disclose the communication; and(3) has used a communication for the purpose of assisting the article and:(1) has not intercepted the communication;(2) has not procured another person to intercept or disclose the communication; and(3) has used a communication for the purpose of assisting the person to independently confirm information contained in a communication.(d) An action under this section must be brought within two (2) years after the date that the interception, disclosure, or use of a communication in violation of this article initially occurs whichever is later.As added by P.L.161-1990, SEC.3. Amended by P.L.1-1998, SEC.194; P.L.106-2010, SEC.9.
Indiana Legal Code