Pennsylvania § 5747 - Civil action.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 5747 — Civil action., with citation guidance and answers to common questions.
§ 5747. Civil action.
(a) Cause of action.--Except as provided in subsection 5743(e) (relating to requirements for governmental access), any provider of electronic communication service, subscriber or customer aggrieved by any violation of this subchapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in the violation such relief as may be appropriate.
(b) Relief.--In a civil action under this section, appropriate relief shall include:
(1) such preliminary and other equitable or declaratory relief as may be appropriate;
(2) damages under subsection (c); and
(3) reasonable attorney fees 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 the sum of $1,000.
(d) Defense.--A good faith reliance on:
(1) a court warrant or order, a grand jury subpoena, a legislative authorization or a statutory authorization;
(2) a request of an investigative or law enforcement officer under section 5713 (relating to emergency situations); or
(3) a good faith determination that section 5704(10) (relating to exceptions to prohibitions of interception and disclosure of communications) permitted the conduct complained of;
is a complete defense to any civil or criminal action brought under this subchapter or any other law.
(e) Limitation.--A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.
(Feb. 18, 1998, P.L.102, No.19, eff. imd.; Oct. 22, 2014, P.L.2522, No.151, eff. 60 days)
2014 Amendment. Act 151 amended subsec. (b).
1998 Amendment. Act 19 amended subsec. (d).
Frequently Asked Questions About Pennsylvania § 5747
What does Pennsylvania Consolidated Statutes § 5747 cover?
Section 5747 ("Civil action.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Pennsylvania § 5747?
A common citation format is "Pennsylvania Consolidated Statutes § 5747" (Pennsylvania). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 5747 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Pennsylvania.