« Arguments for a stay in Golden Gate Restaurant Assn v San Francisco | Main | Article: When Does Foreign Law Compel US Employer to Discriminate »
Employer snooped email; no statutory damages without actual damages
March 20, 2009 by Ross Runkel at LawMemo
Bonnie Van Alstyne sued her employer, alleging that the employer and its president violated the Stored Communications Act (SCA) by illegally accessing her personal AOL email account.
This all came to light when Van Alstyne and the employer were suing each other over alleged sexual harassment and some alleged business torts. The employer produced the emails at her deposition.
She prevailed after a jury trial, and was awarded statutory damages (in the form of a $1,000 statutory minimum for each of multiple violations), punitive damages, and attorney fees.
The 4th Circuit reversed as to the statutory damages, but otherwise affirmed.
Van Alstyne v. Electronic Scriptorium (4th Cir 03/18/2009).
As the court reads the statute, she cannot recover the statutory damages unless she proves some actual damages.
However, she can recover both punitive damages and attorney fees without proving any actual damages.
The SCA provides that a person commits a criminal offense when that person “intentionally accesses without authorization a facility through which an electronic communication service is provided” or “intentionally exceeds an authorization to access that facility,” and thereby “obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system.” 18 USC Section 2701(a)(1-2).
Section 2707 of that Act provides a private cause of action for any “person aggrieved” by violation of Section 2701. Section 2707 provides that a court may award “actual damages” resulting from such a violation, but “in no case shall a person entitled to recover receive less than the sum of $1,000.”
Workplace Prof Blog also has a comment on this case.
EEOC | NLRB | Supreme Court | Employment Law Blog | Arbitration Blog | Employment Law 101
