CODE OF VIRGINIA

CIVIL ACTION FOR UNLAWFUL INTERCEPTION, DISCLOSURE OR USE (§ 19.2-69)

Any person whose wire, electronic or oral communication is intercepted,
disclosed or used in violation of this chapter shall (i) 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 (ii) be
entitled to recover from any such person:

   1.  Actual damages but not less than liquidated damages computed at the rate
   of $ 400 a day for each day of violation or $ 4,000, whichever is higher,
   provided that liquidated damages shall be computed at the rate of $ 800 a day
   for each day of violation or $ 8,000, whichever is higher, if the wire,
   electronic, or oral communication intercepted, disclosed, or used is between
   (i) a husband and wife; (ii) an attorney and client; (iii) a licensed
   practitioner of the healing arts and patient; (iv) a licensed professional
   counselor, licensed clinical social worker, licensed psychologist, or licensed
   marriage and family therapist and client; or (v) a clergy member and person
   seeking spiritual counsel or advice;

   2.  Punitive damages; and

   3.  A reasonable attorney’s fee and other litigation costs reasonably
   incurred.

A good faith reliance on a court order or legislative authorization shall
constitute a complete defense to any civil or criminal action brought under this
chapter or under any other law.

HISTORY: Code 1950, § 19.1-89.9; 1973, c. 442; 1975, c. 495; 1988, c. 889;
2010, c. 343; 2015, c. 672.