Tex. Bus. & Com. Code 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 (Impeding Electronic Mail Messages Prohibited) 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 6, eff. December 2, 2021.

Source: Section 321.105 — Alternative Recovery for Persons Other than Electronic Mail Service Providers, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­321.­htm#321.­105 (accessed May 26, 2025).

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May 26, 2025

§ 321.105. Alternative Recovery for Persons Other than Elec. Mail Svc. Providers's source at texas​.gov