Plaintiffs often ground their claims in the electronic interception provisions of federal and state wiretapping laws. Under the Federal Wiretap Act of 1968, a person is prohibited from “intentionally intercept[ing] … any … electronic communication.” 18 U.S.C. § 2511(1)(a) (2022). The FWA and many state statutes define “interception” as “acquiring the contents of that electronic communication.” Id. § 2510(4). “Content” is defined as “any information concerning the substance, purport[] or meaning of that communication.” Id. § 2510(8).
Under the FWA, a court may require a defendant to pay $10,000 per violation. Id. § 2520(c)(2). Fines under similar state laws range from $1,000 to $50,000 per violation, depending on the state. more
