{"data":{"id":"us-tx/tex.-business-commerce-code-321.105","jurisdiction":"us-tx","citation":"Tex. Business \u0026 Commerce Code § 321.105","heading":"ALTERNATIVE RECOVERY FOR PERSONS OTHER THAN ELECTRONIC MAIL SERVICE PROVIDERS.","body":"(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:\n(1) $10 for each unlawful message or each message unlawfully impeded, as applicable; or\n(2) $25,000 for each day the unlawful message is received or the message is unlawfully impeded, as applicable.\n(b) Subsection (a) does not apply to a person who is an electronic mail service provider.\nAdded by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.\nAmended by:\nActs 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 6, eff. December 2, 2021.","path":["BUSINESS AND COMMERCE CODE","TITLE 10. USE OF TELECOMMUNICATIONS","SUBTITLE B. ELECTRONIC COMMUNICATIONS","CHAPTER 321. REGULATION OF ELECTRONIC MAIL","SUBCHAPTER C. ENFORCEMENT"],"source_url":"https://statutes.capitol.texas.gov/Docs/BC/htm/BC.321.htm#321.105","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:46:56Z","sha256":"de3daa6b7adccd640775955ffa745943f2d5b2a8f23ecde4aae600336c19080a","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-business-commerce-code-321.104","next":"us-tx/tex.-business-commerce-code-321.106"},"notice":"GroundRules: Original legal text. Not legal advice."}