                                 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) persons married to
each other; (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 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; 2020, c. 900.