Alternative Recovery For Persons Other Than Electronic Mail Service Providers

Sec. 321.105. ALTERNATIVE RECOVERY FOR PERSONS OTHER THAN ELECTRONIC MAIL SERVICE PROVIDERS. (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. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. Amended by: Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 6, eff. December 2, 2021.