1. (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. (1) $10 for each unlawful message or each message unlawfully impeded, as applicable; or
   2. (2) $25,000 for each day the unlawful message is received or the message is unlawfully impeded, as applicable.
2. (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.

Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 6, eff. December 2, 2021.