# Courts and Judicial Proceedings (GCJ)

## Title 10. Evidence

### Subtitle 4A. Stored Wire and Electronic Communications and Transactional Records Access

#### Section 10-4A-08

(a) Except as provided in Sec. 10-4A-04(d) of this subtitle, a provider of electronic communication service, subscriber, or customer aggrieved by a knowing or intentional violation of this subtitle may recover appropriate relief in a civil action against the person or entity that engaged in the violation.

(b) 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 attorney's fee and other litigation costs reasonably incurred.

(c) 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) A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this subtitle or any other State law:

  (1) A court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; or

  (2) A good faith determination that Sec. 10-402(d) of this title permitted the conduct that is the subject of the action.

(e) 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.

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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)