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Current as of January 01, 2024 | Updated by FindLaw Staff
(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 Section 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.
Cite this article: FindLaw.com - Texas Business and Commerce Code - BUS & COM § 321.105. Alternative Recovery for Persons Other than Electronic Mail Service Providers - last updated January 01, 2024 | https://codes.findlaw.com/tx/business-and-commerce-code/bus-com-sect-321-105/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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