Section 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.Tex. Bus. and Comm. Code § 321.105
Amended by Acts 2021SP2, Texas Acts of the 87th Legislature - Second Special Session, ch. TBD,Sec. 6, eff. 12/2/2021.Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. 4/1/2009.