Arrest and Related Procedures

ORS 133.739
Civil damages for willful interception, disclosure or use of communications

  • attorney fees
  • defense
  • effect on other remedies

(1)

Any person whose wire, electronic or oral communication was intercepted, disclosed or used in violation of ORS 133.724 (Order for interception of communications) or 133.737 (Disclosure and use of intercepted communications) shall have a civil cause of action against any person who willfully intercepts, discloses or uses, or procures any other person to intercept, disclose or use such communication and shall be entitled to recover from any such person:

(a)

Actual damages but not less than damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is greater; and

(b)

Punitive damages.

(2)

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

(3)

Nothing in ORS 41.910 (Certain intercepted communications inadmissible), 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications) and 133.992 (Penalties) is intended to abrogate any other private civil remedy for invasion of privacy.

(4)

Except as provided in subsection (5) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

(5)

The court may not award attorney fees to a prevailing defendant under the provisions of subsection (4) of this section if the action under this section is maintained as a class action pursuant to ORCP 32. [1979 c.716 §11; 1981 c.897 §38; 1989 c.983 §13; 1995 c.696 §16]

Notes of Decisions

Injury occurs when communication is intercepted and two-year period runs from that date. Gill v. City of Eugene, 103 Or App 381, 797 P2d 399 (1990), Sup Ct review denied

Source

Last accessed
Jun. 26, 2021

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