Sec. 114.0005. PRIVATE CAUSE OF ACTION. (a) If a third-party food delivery service violates this chapter, a restaurant aggrieved by the violation may bring an action against the service for:
(1) injunctive relief; and
(2) damages in an amount equal to:
(A) the restaurant's actual damages arising from the violation; or
(B) the service's profits arising from the violation.
(b) If the court finds that the defendant committed the violation knowingly or in bad faith, the court may award the plaintiff:
(1) exemplary damages in an amount that is not more than three times the sum of:
(A) the plaintiff's actual damages; and
(B) the defendant's profits arising from the violation; and
(2) the plaintiff's reasonable attorney's fees.
Added by Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 6, eff. January 1, 2022.