Sec. 321.104. VIOLATION OF CHAPTER: CIVIL ACTION FOR DAMAGES. (a) A person injured by a violation of this chapter may bring an action to recover:
(1) actual damages, including lost profits; or
(2) an amount described by Section 321.105 or 321.106, as applicable.
(b) A person who prevails in the action is entitled to recover reasonable attorney's fees and court costs.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Structure Texas Statutes
Title 10 - Use of Telecommunications
Subtitle B - Electronic Communications
Chapter 321 - Regulation of Electronic Mail
Section 321.102. Violation of Chapter: General Civil Penalty and Injunctive Relief
Section 321.103. Violation of Chapter: Deceptive Trade Practice
Section 321.104. Violation of Chapter: Civil Action for Damages
Section 321.105. Alternative Recovery for Persons Other Than Electronic Mail Service Providers
Section 321.106. Alternative Recovery for Electronic Mail Service Providers
Section 321.107. Required Notice of Civil Action to Attorney General; Civil Penalty
Section 321.108. Intervention in Civil Action by Attorney General
Section 321.109. Certification as Class Action Prohibited
Section 321.110. Protection of Secrecy or Security
Section 321.113. Qualified Immunity From Liability of Senders
Section 321.114. Authority to Block Certain Commercial Electronic Mail Messages; Qualified Immunity