Texas Code of Criminal Procedure 18B.551 – Cause of Action
(a) Except as provided by Article 18B.552, a provider of an electronic communications service or a provider of a remote computing service, or a subscriber or customer of that service provider, that is aggrieved by a violation of this chapter has a civil cause of action if the conduct constituting the violation was committed knowingly or intentionally and is entitled to:
(1) injunctive relief;
(2) reasonable attorney’s fees and other litigation costs reasonably incurred; and
(3) the amount of the actual damages suffered and any profits made by the violator as a result of the violation or $1,000, whichever is more.
(b) The reliance in good faith on a court order, warrant, subpoena, or legislative authorization is a complete defense to any civil action brought under this chapter.
Terms Used In Texas Code of Criminal Procedure 18B.551
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Subpoena: A command to a witness to appear and give testimony.
(c) A civil action under this article may be presented not later than the second anniversary of the date the claimant first discovered or had reasonable opportunity to discover the violation.