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Texas Business and Commerce Code - BUS & COM § 321.105. Alternative Recovery for Persons Other than Electronic Mail Service Providers

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.

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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/

Read this complete Texas Business and Commerce Code - BUS & COM § 321.105. Alternative Recovery for Persons Other than Electronic Mail Service Providers on Westlaw. Westlaw subscription required.

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