Texas Business & Commerce Code

§ 321.105 — ALTERNATIVE RECOVERY FOR PERSONS OTHER THAN ELECTRONIC MAIL SERVICE PROVIDERS

BC § 321.105Title 10. USE OF TELECOMMUNICATIONS · Part B. ELECTRONIC COMMUNICATIONS · Ch. 321. REGULATION OF ELECTRONIC MAIL · Art. C. ENFORCEMENT

Statute text

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(a)In lieu of actual damages, a person injured by a violation of this chapter arising from the transmission of an unsolicited or commercial electronic mail message or by a violation of Section 321.054 may recover an amount equal to the lesser of:

(1)$10 for each unlawful message or each message unlawfully impeded, as applicable; or

(2)$25,000 for each day the unlawful message is received or the message is unlawfully impeded, as applicable.

(b)Subsection (a) does not apply to a person who is an electronic mail service provider. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. Amended by:

Legislative history

Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 6, eff. December 2, 2021.