Sec. 305.053. CIVIL ACTION. (a) A person who receives a communication that violates 47 U.S.C. Section 227, a regulation adopted under that provision, or Subchapter A may bring an action in this state against the person who originates the communication for:
(1) an injunction;
(2) damages in the amount provided by this section; or
(3) both an injunction and damages.
(b) A plaintiff who prevails in an action for damages under this section is entitled to the greater of:
(1) $500 for each violation; or
(2) the plaintiff's actual damages.
(c) If the court finds that the defendant committed the violation knowingly or intentionally, the court may increase the amount of the award of damages under Subsection (b) to not more than the greater of:
(1) $1,500 for each violation; or
(2) three times the plaintiff's actual damages.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
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