Texas Business and Commerce Code 304.258 – Private Action: Facsimile Transmission
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(a) A person may bring a civil action based on a violation of Subchapter C:
(1) for damages in an amount equal to the greater of:
(A) the person’s actual monetary loss from the violation; or
(B) $500 for each violation;
(2) to enjoin the violation; or
(3) for both damages and an injunction.
(b) If the court finds that the defendant wilfully or knowingly violated Subchapter C, the court may increase the amount of the damages awarded to an amount equal to not more than three times the amount available under Subsection (a)(1).
Terms Used In Texas Business and Commerce Code 304.258
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) § 304.251(b) does not affect the right of a consumer to bring an action under Subsection (a).