Section 118.0005 - Private Cause Of Action(a) If a third-party food delivery service violates this chapter, a restaurant aggrieved by the violation may bring an action against the service for: (1) injunctive relief; and (2) damages in an amount equal to: (A) the restaurant's actual damages arising from the violation; or (B) the service's profits arising from the violation. (b) If the court finds that the defendant committed the violation knowingly or in bad faith, the court may award the plaintiff: (1) exemplary damages in an amount that is not more than three times the sum of: (A) the plaintiff's actual damages; and (B) the defendant's profits arising from the violation; and (2) the plaintiff's reasonable attorney's fees. Tex. Bus. and Comm. Code § 118.0005
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 768,Sec. 24.001, eff. 9/1/2023.Added by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 305,Sec. 6, eff. 1/1/2022.