Sec. 321.106. ALTERNATIVE RECOVERY FOR ELECTRONIC MAIL SERVICE PROVIDERS. In lieu of actual damages, an electronic mail service provider injured by a violation of this chapter arising from the transmission of an unsolicited or commercial electronic mail message may recover an amount equal to the greater of:
(1) $10 for each unlawful message; or
(2) $25,000 for each day the unlawful message is received.
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