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Haw. Rev. Stat. § 803-48

Recovery of civil damages authorized

Hawaii · Hawaii Revised Statutes Chapter 803 — Arrests, Searches, Search Warrants · Status: effective

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Haw. Rev. Stat. § 803-48, Recovery of civil damages authorized, Hawaii, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2431030
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Any person whose wire, oral, or electronic communication is accessed, intercepted, disclosed, or used in violation of this part shall[:] (1) Have a civil cause of action against any person who accesses, intercepts, discloses, or uses, or procures any other person to access, intercept, disclose, or use the communications[;] and (2) Be entitled to recover from any such person: (A) The greater of[:] (i) The sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation[;] or (ii) Statutory damages of the greater of $100 a day for each day of violation or $10,000; (B) Punitive damages, where appropriate; and (C) A reasonable attorney's fee and other litigation costs reasonably incurred. The aggrieved person may also seek and be awarded such preliminary, and other equitable or declaratory relief as may be appropriate. A good faith reliance on a court order shall constitute a complete defense to any civil action brought under this part.