Texas Business and Commerce Code 118.0005 – Private Cause of Action
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(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.
Terms Used In Texas Business and Commerce Code 118.0005
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.