Texas Business & Commerce Code - Section 48.101. Civil Relief
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§ 48.101. CIVIL RELIEF. (a) The following persons, if
adversely affected by the violation, may bring a civil action
against a person who violates this chapter:
(1) a provider of computer software;
(2) an owner of a web page or trademark;
(3) a telecommunications carrier;
(4) a cable operator; or
(5) an Internet service provider.
(b) In addition to any other remedy provided by law and
except as provided by Subsection (g), a person bringing an action
under this section may:
(1) seek injunctive relief to restrain the violator
from continuing the violation;
(2) recover damages in an amount equal to the greater
of:
(A) actual damages arising from the violation;
or
(B) $100,000 for each violation of the same
nature; or
(3) both seek injunctive relief and recover damages as
provided by this subsection.
(c) The court may increase an award of actual damages in an
action brought under Subsection (b) to an amount not to exceed three
times the actual damages sustained if the court finds that the
violations have occurred with a frequency as to constitute a
pattern or practice.
(d) A plaintiff who prevails in an action filed under
Subsection (b) is entitled to recover reasonable attorney's fees
and court costs.
(e) Each separate violation of this chapter is an actionable
violation.
(f) For purposes of Subsection (b), violations are of the
same nature if the violations consist of the same course of conduct
or action, regardless of the number of times the conduct or act
occurred.
(g) In the case of a violation of Section 48.052 that causes
a telecommunications carrier or cable operator to incur costs for
the origination, transport, or termination of a call triggered
using the modem of a customer of the telecommunications carrier or
cable operator as a result of the violation and in addition to any
other remedy provided by law, a telecommunications carrier or cable
operator bringing an action under this section may:
(1) apply to a court for an order to enjoin the
violation;
(2) recover the charges the telecommunications
carrier or cable operator is obligated to pay to a
telecommunications carrier, cable operator, other provider of
transmission capability, or an information service provider as a
result of the violation, including charges for the origination,
transport, or termination of the call;
(3) recover the costs of handling customer inquiries
or complaints with respect to amounts billed for calls as a result
of the violation;
(4) recover other costs, including court costs, and
reasonable attorney's fees; or
(5) both apply for injunctive relief and recover
charges and other costs as provided by this subsection.
Added by Acts 2005, 79th Leg., ch. 298, § 1, eff. Sept. 1, 2005.
Section: 48.002 48.003 48.051 48.052 48.053 48.054 48.055 48.056 48.101 48.102
Last modified: August 10, 2007
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