Texas Business & Commerce Code - Section 46.008. Civil Liability
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 46.008. Civil Liability
§ 46.008. CIVIL LIABILITY. (a) A person injured by a
violation of this chapter may bring an action to recover actual
damages, including lost profits. A person who prevails in the
action is entitled to reasonable attorney's fees and court costs.
(b) 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, other than an
electronic mail service provider, may recover the lesser of:
(1) $10 for each unlawful message; or
(2) $25,000 for each day the unlawful message is
received.
(c) In lieu of actual damages, an electronic mail service
provider injured by a violation of this chapter arising from the
transmission of an unsolicited or commercial electronic mail
message may recover the greater of:
(1) $10 for each unlawful message; or
(2) $25,000 for each day the unlawful message is
received.
(d) A court may not certify an action brought under this
chapter as a class action.
(e) At the request of a party to any action brought under
this chapter, the court, in its discretion, may conduct a legal
proceeding in such a manner as to protect the secrecy and security
of the computer, computer network, computer data, computer program,
and computer software involved to prevent a possible recurrence of
the same or a similar act by another person and to protect any trade
secrets of a party to the action.
Added by Acts 2003, 78th Leg., ch. 1053, § 1, eff. Sept. 1, 2003.
Section: 46.001 46.002 46.003 46.004 46.005 46.006 46.007 46.008 46.009 46.010 46.011 47.001 47.002 47.003 47.004
Last modified: August 10, 2007
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