(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 may
recover an amount equal to the lesser of:
(1) $10 for each unlawful message; or
(2) $25,000 for each day the unlawful message is received.
(b) Subsection (a) does not apply to a person who is an electronic mail service provider.
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