Business & Commerce Code § 118.0005

Sec. 118.0005. PRIVATE CAUSE OF ACTION. (a) If a third-party food delivery service violates this chapter, a restaurant aggrieved by the violation may bring an action against the service for: (1) injunctive relief; and (2) damages in an amount equal to: (A) the restaurant's actual damages arising from the violation; or (B) the service's profits arising from the violation. (b) If the court finds that the defendant committed the violation knowingly or in bad faith, the court may award the plaintiff: (1) exemplary damages in an amount that is not more than three times the sum of: (A) the plaintiff's actual damages; and (B) the defendant's profits arising from the violation; and (2) the plaintiff's reasonable attorney's fees. Added by Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 6, eff. January 1, 2022. Redesignated from Business and Commerce Code, Chapter 114 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(3), eff. September 1, 2023.