542.418. Use of contents of wiretap in civil action, limitations on--illegal wiretap, cause of action, damages, attorney fees and costs--good faith reliance on court order a prima facie defense. - Missouri Statutes

Use of contents of wiretap in civil action, limitations on--illegalwiretap, cause of action, damages, attorney fees and costs--good faithreliance on court order a prima facie defense.

542.418. 1. The contents of any wire communication or evidencederived therefrom shall not be received in evidence or otherwise disclosedin any civil or administrative proceeding, except in civil actions broughtpursuant to this section.

2. Any person whose wire communication is intercepted, disclosed, orused in violation of sections 542.400 to 542.422 shall:

(1) Have a civil cause of action against any person who intercepts,discloses, or uses, or procures any other person to intercept, disclose, oruse such communications; and

(2) Be entitled to recover from any such person:

(a) Actual damages, but not less than liquidated damages computed atthe rate of one hundred dollars a day for each day of violation or tenthousand dollars whichever is greater;

(b) Punitive damages on a showing of a willful or intentionalviolation of sections 542.400 to 542.422; and

(c) A reasonable attorney's fee and other litigation costs reasonablyincurred.

3. A good faith reliance on a court order or on the provisions ofsection 542.408 shall constitute a prima facie defense to any civil orcriminal action brought under sections 542.400 to 542.422.

4. Nothing contained in this section shall limit any cause of actionavailable prior to August 28, 1989.

(L. 1989 H.B. 277, et al. § 10, A.L. 2002 S.B. 712)

(1998) Communications between a cellular phone and a regular wire phone are wire communications within the purview of the wiretap law. Lee v. Lee, 967 S.W.2d 82 (Mo.App.W.D.).

(1999) Section applies only to exclude evidence obtained pursuant to an authorized wiretap. Phillips v. American Motorist Insurance Co., 996 S.W.2d 584 (Mo.App.W.D.).