Certain affected persons and the attorney general may sue for injunctive relief or damages, and a prevailing plaintiff may recover attorney’s fees and court costs.
Sec. 325.006. CIVIL ACTION FOR INJUNCTIVE RELIEF OR DAMAGES. (a) Any of the following persons may bring a civil action against a person who violates this chapter: (1) a person who is engaged in the business of providing Internet access service to the public and is adversely affected by the violation; (2) an owner of a web page or trademark who is adversely affected by the violation; or (3) the attorney general. (b) A person who brings an action under this section may obtain: (1) injunctive relief that restrains the violator from continuing the violation; (2) subject to Subsection (c), damages in an amount equal to the greater of: (A) actual damages arising from the violation; or (B) $100,000 for each violation of the same nature; or (3) both injunctive relief and damages. (c) The court may increase the amount of an award of actual damages in an action brought under this section to an amount not to exceed three times the actual damages sustained if the court finds that the violation: (1) has reoccurred with sufficient frequency to constitute a pattern or practice; or (2) adversely affected an elderly individual. (d) A plaintiff who prevails in an action brought under this section is entitled to recover reasonable attorney's fees and court costs. (e) For purposes of this section, violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or act occurred. (f) In this section, "elderly individual" has the meaning assigned by Section 22.04, Penal Code. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. Amended by: Acts 2019, 86th Leg., R.S., Ch. 255 (H.B. 883), Sec. 1, eff. September 1, 2019.