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Texas Business and Commerce Code - BUS & COM § 118.0005. Private Cause of Action

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Texas Business and Commerce Code - BUS & COM § 118.0005. Private Cause of Action - last updated January 01, 2024 | https://codes.findlaw.com/tx/business-and-commerce-code/bus-com-sect-118-0005/

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