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DIRECTV, INC. v. BROWN

No. 03-16094 Non-Argument Calendar.

371 F.3d 814 (2004)

DIRECTV, INC., a California corporation, Plaintiff-Appellant, v. Michael BROWN, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 28, 2004.

Attorney(s) appearing for the Case

Douglas C. Spears, Cory L. Taylor, Adams & Spears, PA, Orlando, FL, for Plaintiff-Appellant.

Michael Brown, Deltona, FL, pro se.

Before BLACK, BARKETT and PRYOR, Circuit Judges.

PER CURIAM:

This case presents an issue of first impression for this Court that has created a split among the circuits: whether an award of liquidated damages, under 18 U.S.C. section 2520(c)(2), for a violation of the Electronic Communications Privacy Act of 1986 (Wiretap Act) is mandatory or discretionary. DIRECTV, Inc. (DTV) obtained a permanent injunction against Michael Brown and a judgment of $3886.64 of actual damages, under 47 U.S.C. section 605, plus attorney...

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