Iowa Code

Iowa Code § 808B.8 (2026)

Civil damages authorized — civil and criminal immunity — injunctive relief

✓ current as of July 2026
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1. A person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter shall:

a. Have a civil cause of action against any person who intercepts, discloses, or uses or procures any other person to intercept, disclose, or use such communications.

b. Be entitled to recover from any such person all of the following:

(1) Actual damages, but not less than liquidated damages computed at the rate of one hundred dollars a day for each day of violation, or one thousand dollars, whichever is higher.

(2) Punitive damages upon a finding of a willful, malicious, or reckless violation of this chapter.

(3) A reasonable attorney fee and other litigation costs reasonably incurred.

2. A good faith reliance on a court order shall constitute a complete defense to any civil or criminal action brought under this chapter.

3. A person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter may seek an injunction, either temporary or permanent, against any person who violates this chapter. 89 Acts, ch 225, §29; 99 Acts, ch 78, §23, 24 \n 808B.9 Repealed by 98 Acts, ch 1157, §1. \n

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1999–2021 · leading case: Iowa Beta Chapter of Phi Delta Theta Fraternity v. State, Univ. of Iowa, 763 N.W.2d 250 (Iowa 2009).
Iowa Beta Chapter of Phi Delta Theta Fraternity v. State, Univ. of Iowa, 763 N.W.2d 250 (Iowa 2009). · cites it 45× “The fraternity based its claim on the defendants’ use of an intercepted electronic communication in violation of Iowa Code section 808B.8 (2001). Because the fraternity is the real party in interest, has standing to bring this action, and substantial evidence supports the…”
Brenda Papillon v. Bryon Jones, 892 N.W.2d 763 (Iowa 2017). · cites it 25× “” Iowa Code § 808B.8. A violation of chapter 808B occurs when a person “[w]illfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept” an oral communication.”
Phillips v. Am. Motorist Ins. Co., 996 S.W.2d 584 (Mo. Ct. App. 1999). “5-5-4 (West 1998); Iowa Code Ann. § 808B.8 (West 1998); Kan.”
Iowa Beta Chapter Of Phi Delta Theta Fraternity Vs. State Of Iowa, Univ. Of Iowa, & Phillip E. Jones (Iowa 2009). · cites it 39× “The defendants appeal a decision finding them liable for damages under Iowa Code section 808B.8 (2001). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.”
Amended June 6, 2017 Brenda Papillon v. Bryon Jones (Iowa 2017). · cites it 23× “” Iowa Code § 808B.8. A violation of chapter 808B occurs when a person “[w]illfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept” an oral communication.”
Brenda Papillon v. Bryon Jones (Iowa Ct. App. 2016). · cites it 17× “Bryon Jones appeals the district court’s award of actual damages, punitive damages, and attorney fees to Brenda Papillon in her civil action brought pursuant to Iowa Code section 808B.8 (2015) for interception of oral communications.”
Marcus Darrell Eugene Luthi v. Client Neis, in his Off. & individual capacities, & Wapello Cnty., Iowa (Iowa Ct. App. 2021). · cites it 6× “2d 763, 770 (Iowa 2017) (quoting Iowa Code § 808B.8). Iowa Code chapter 808B is “intended to protect reasonable expectations of privacy in oral communications.”
Brenda N. Papillon v. Bryon L. Jones (Iowa Ct. App. 2019). · cites it 4× “Brenda Papillon originally brought suit against Bryon Jones for recording her conversations, which he did not have consent to record and during which he was not present, pursuant to Iowa Code section 808B.8 (2015). Papillon was successful in her suit, and the district court…”
Papillon v. Jones (Bankr. D. Neb. 2020). “Jones for damages resulting from his unauthorized interception of her communications, pursuant to Iowa Code § 808B.8. After various appeals and remands, Mr.”
— Iowa Code § 808B.8(1) — 3 cases
Iowa Beta Chapter of Phi Delta Theta Fraternity v. State, Univ. of Iowa, 763 N.W.2d 250 (Iowa 2009). “The fraternity based its claim on the defendants’ use of an intercepted electronic communication in violation of Iowa Code section 808B.8 (2001). Because the fraternity is the real party in interest, has standing to bring this action, and substantial evidence supports the…”
Marcus Darrell Eugene Luthi v. Client Neis, in his Off. & individual capacities, & Wapello Cnty., Iowa (Iowa Ct. App. 2021). “2d 763, 770 (Iowa 2017) (quoting Iowa Code § 808B.8). Iowa Code chapter 808B is “intended to protect reasonable expectations of privacy in oral communications.”
Iowa Beta Chapter Of Phi Delta Theta Fraternity Vs. State Of Iowa, Univ. Of Iowa, & Phillip E. Jones (Iowa 2009). “The defendants appeal a decision finding them liable for damages under Iowa Code section 808B.8 (2001). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.”
— Iowa Code § 808B.8(1)(6) — 1 case
Brenda Papillon v. Bryon Jones, 892 N.W.2d 763 (Iowa 2017). “” Iowa Code § 808B.8. A violation of chapter 808B occurs when a person “[w]illfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept” an oral communication.”
— Iowa Code § 808B.8(1)(6)(2) — 1 case
Brenda Papillon v. Bryon Jones, 892 N.W.2d 763 (Iowa 2017). “” Iowa Code § 808B.8. A violation of chapter 808B occurs when a person “[w]illfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept” an oral communication.”
— Iowa Code § 808B.8(1)(6)(3) — 1 case
Brenda Papillon v. Bryon Jones, 892 N.W.2d 763 (Iowa 2017). “” Iowa Code § 808B.8. A violation of chapter 808B occurs when a person “[w]illfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept” an oral communication.”
— Iowa Code § 808B.8(1)(a) — 2 cases
Iowa Beta Chapter Of Phi Delta Theta Fraternity Vs. State Of Iowa, Univ. Of Iowa, & Phillip E. Jones (Iowa 2009). “The defendants appeal a decision finding them liable for damages under Iowa Code section 808B.8 (2001). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.”
Brenda Papillon v. Bryon Jones (Iowa Ct. App. 2016). “Bryon Jones appeals the district court’s award of actual damages, punitive damages, and attorney fees to Brenda Papillon in her civil action brought pursuant to Iowa Code section 808B.8 (2015) for interception of oral communications.”
— Iowa Code § 808B.8(1)(b) — 1 case
Amended June 6, 2017 Brenda Papillon v. Bryon Jones (Iowa 2017). “” Iowa Code § 808B.8. A violation of chapter 808B occurs when a person “[w]illfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept” an oral communication.”
— Iowa Code § 808B.8(1)(b)(1) — 2 cases
Iowa Beta Chapter Of Phi Delta Theta Fraternity Vs. State Of Iowa, Univ. Of Iowa, & Phillip E. Jones (Iowa 2009). “The defendants appeal a decision finding them liable for damages under Iowa Code section 808B.8 (2001). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.”
Brenda Papillon v. Bryon Jones (Iowa Ct. App. 2016). “Bryon Jones appeals the district court’s award of actual damages, punitive damages, and attorney fees to Brenda Papillon in her civil action brought pursuant to Iowa Code section 808B.8 (2015) for interception of oral communications.”
— Iowa Code § 808B.8(1)(b)(2) — 3 cases
Iowa Beta Chapter Of Phi Delta Theta Fraternity Vs. State Of Iowa, Univ. Of Iowa, & Phillip E. Jones (Iowa 2009). “The defendants appeal a decision finding them liable for damages under Iowa Code section 808B.8 (2001). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.”
Brenda Papillon v. Bryon Jones (Iowa Ct. App. 2016). “Bryon Jones appeals the district court’s award of actual damages, punitive damages, and attorney fees to Brenda Papillon in her civil action brought pursuant to Iowa Code section 808B.8 (2015) for interception of oral communications.”
Amended June 6, 2017 Brenda Papillon v. Bryon Jones (Iowa 2017). “” Iowa Code § 808B.8. A violation of chapter 808B occurs when a person “[w]illfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept” an oral communication.”
— Iowa Code § 808B.8(1)(b)(3) — 3 cases
Iowa Beta Chapter Of Phi Delta Theta Fraternity Vs. State Of Iowa, Univ. Of Iowa, & Phillip E. Jones (Iowa 2009). “The defendants appeal a decision finding them liable for damages under Iowa Code section 808B.8 (2001). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.”
Amended June 6, 2017 Brenda Papillon v. Bryon Jones (Iowa 2017). “” Iowa Code § 808B.8. A violation of chapter 808B occurs when a person “[w]illfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept” an oral communication.”
Brenda N. Papillon v. Bryon L. Jones (Iowa Ct. App. 2019). “Brenda Papillon originally brought suit against Bryon Jones for recording her conversations, which he did not have consent to record and during which he was not present, pursuant to Iowa Code section 808B.8 (2015). Papillon was successful in her suit, and the district court…”
— Iowa Code § 808B.8(2) — 2 cases
Iowa Beta Chapter of Phi Delta Theta Fraternity v. State, Univ. of Iowa, 763 N.W.2d 250 (Iowa 2009). “The fraternity based its claim on the defendants’ use of an intercepted electronic communication in violation of Iowa Code section 808B.8 (2001). Because the fraternity is the real party in interest, has standing to bring this action, and substantial evidence supports the…”
Iowa Beta Chapter Of Phi Delta Theta Fraternity Vs. State Of Iowa, Univ. Of Iowa, & Phillip E. Jones (Iowa 2009). “The defendants appeal a decision finding them liable for damages under Iowa Code section 808B.8 (2001). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.”
— Iowa Code § 808B.8(b)(3) — 1 case
Brenda Papillon v. Bryon Jones (Iowa Ct. App. 2016). “Bryon Jones appeals the district court’s award of actual damages, punitive damages, and attorney fees to Brenda Papillon in her civil action brought pursuant to Iowa Code section 808B.8 (2015) for interception of oral communications.”
— Iowa Code § 808B.8(l)(a) — 1 case
Iowa Beta Chapter of Phi Delta Theta Fraternity v. State, Univ. of Iowa, 763 N.W.2d 250 (Iowa 2009). “The fraternity based its claim on the defendants’ use of an intercepted electronic communication in violation of Iowa Code section 808B.8 (2001). Because the fraternity is the real party in interest, has standing to bring this action, and substantial evidence supports the…”
— Iowa Code § 808B.8(l)(fc)(l) — 1 case
Iowa Beta Chapter of Phi Delta Theta Fraternity v. State, Univ. of Iowa, 763 N.W.2d 250 (Iowa 2009). “The fraternity based its claim on the defendants’ use of an intercepted electronic communication in violation of Iowa Code section 808B.8 (2001). Because the fraternity is the real party in interest, has standing to bring this action, and substantial evidence supports the…”
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