§ 1110. Wrongful use of chapter.
(a) Liability.--A person who signs a complaint alleging a violation of this chapter against another is subject to liability for wrongful use of this chapter if:
(1) the complaint was frivolous, as defined by this chapter, or without probable cause and made primarily for a purpose other than that of reporting a violation of this chapter; or
(2) he publicly disclosed or caused to be disclosed that a complaint against a person had been filed with the commission.
(b) Probable cause.--A person who signs a complaint alleging a violation of this chapter has probable cause for doing so if he reasonably believes in the existence of the facts upon which the claim is based and either:
(1) reasonably believes that under those facts the complaint may be valid under this chapter; or
(2) believes to this effect in reliance upon the advice of counsel, sought in good faith and given after full disclosure of all relevant facts within his knowledge and information.
(c) Commission procedures.--When the commission determines that a complainant has violated the provisions set forth in subsection (a), the commission, upon receiving a written request from the subject of the complaint, shall provide the name and address of the complainant to said subject. If the commission determines that a complainant has not violated the provisions of subsection (a), the commission shall notify the subject accordingly. The subject shall have the right to appeal the commission's determination, and the commission shall schedule an appeal hearing. The subject shall show cause why the complainant violated the provisions of this section. If the commission grants the appeal, the commission shall immediately release the complainant's name and address to the subject. If the commission denies the appeal, it shall present evidence why the complainant's name and address shall not be released.
(d) Damages.--When the essential elements of an action brought pursuant to this section have been established, the plaintiff is entitled to recover for the following:
(1) The harm to his reputation by a defamatory matter alleged as the basis of the proceeding.
(2) The expenses, including any reasonable attorney fees, that he has reasonably incurred in proceedings before the commission.
(3) Any specific pecuniary loss that has resulted from the proceedings.
(4) Any emotional distress that has been caused by the proceedings.
(5) Any punitive damages according to law in appropriate cases.
Section: Previous 1101 1101.1 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 NextLast modified: October 8, 2016