Proof of actual damages is not necessary to recover the minimum $1,000 in statutory damages under the Stored Communications Act — Shefts v. Petrakis, 2013 WL 1087695 (C.D. Ill. Mar. 14, 2013)

A person who brings a successful Stored Communications Act (SCA) claim can recover at least $1,000 without having to prove actual damages.  In Shefts v. Petrakis, the plaintiff (Shefts) sued his former employer for violating the SCA by illegally accessing his various messaging accounts, including a Yahoo! email account.  (See my post on an earlier decision in this case regarding after-the-fact authorization of access to emails.)  Shefts did not seek actual damages, but instead, statutory damages under the SCA.  The SCA states that “[t]he court may assess as damages . . . the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000.”  18 U.S.C. § 2707(c).  The defendants argued that Shefts could not recover statutory damages without proving actual damages.  Shefts countered that he may recover statutory damages as an alternative to actual damages.

The trial court agreed with Shefts.  Finding no Supreme Court precedent on point, the court looked at the plain language of the damages statute, legislative history, and other district court decisions.  The court found that the plain language of the statute entitled a successful plaintiff to obtain minimum recovery of $1,000 in statutory damages.  The legislative history also evidenced the intent of Congress to allow recovery of at least $1,000.  Also persuasive to the court were other district court decisions finding that the SCA does not require actual damages as a condition to recovery.  The court’s ruling meant that, assuming Shefts could establish liability under the SCA, his failure to seek actual damages would not preclude him from recovering statutory damages.