Tex. Bus. & Com. Code Section 321.104
Violation of Chapter: Civil Action for Damages

(a)

A person injured by a violation of this chapter may bring an action to recover:

(1)

actual damages, including lost profits; or

(2)

an amount described by Section 321.105 (Alternative Recovery for Persons Other than Electronic Mail Service Providers) or 321.106 (Alternative Recovery for Electronic Mail Service Providers), as applicable.

(b)

A person who prevails in the action is entitled to recover reasonable attorney’s fees and court costs.

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Source: Section 321.104 — Violation of Chapter: Civil Action for Damages, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.321.htm#321.104 (accessed May 26, 2025).

321.001
Definitions 321.051
Transmission of Certain Commercial Electronic Mail Messages Prohibited 321.052
Requirement for Transmission of Unsolicited Commercial Electronic Mail Messages 321.053
Selling or Providing Certain Electronic Mail Addresses Prohibited 321.054
Impeding Electronic Mail Messages Prohibited 321.101
Transmission of Message Containing Obscene Material or Material Depicting Sexual Conduct 321.102
Violation of Chapter: General Civil Penalty and Injunctive Relief 321.103
Violation of Chapter: Deceptive Trade Practice 321.104
Violation of Chapter: Civil Action for Damages 321.105
Alternative Recovery for Persons Other than Electronic Mail Service Providers 321.106
Alternative Recovery for Electronic Mail Service Providers 321.107
Required Notice of Civil Action to Attorney General 321.108
Intervention in Civil Action by Attorney General 321.109
Certification as Class Action Prohibited 321.110
Protection of Secrecy or Security 321.111
Immunity from Liability: Commercial Electronic Mail Message Transmitted by Error or Accident 321.112
Immunity from Liability: Telecommunications Utilities and Electronic Mail Service Providers 321.113
Qualified Immunity from Liability of Senders 321.114
Authority to Block Certain Commercial Electronic Mail Messages

Verified:
May 26, 2025

§ 321.104. Violation of Chap.: Civ. Action for Damages's source at texas.gov

Stay Connected

Join thousands of people who receive monthly site updates.

Get Legal Help

The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS)

Committed to Public Service

We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entrepreneurship, we’re lowering the cost of legal services and increasing citizen access.

Navigate

California:	Codes
Colorado:	C.R.S.
Florida:	Statutes
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

Location: https://texas.public.law/statutes/tex._bus._and_com._code_section_321.104

Original Source: Section 321.104 — Violation of Chapter: Civil Action for Damages, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.321.htm#321.104 (last accessed May 10, 2025).