Texas Business and Commerce Code 321.105 – Alternative Recovery for Persons Other Than Electronic Mail Service Providers
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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 § 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.
Terms Used In Texas Business and Commerce Code 321.105
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005