Tex. Code Crim. Proc. art. 18B.551

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 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.

(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.

Tex. Code Crim. Proc. § 18B.551

Added by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1058,Sec. 1.02, eff. 1/1/2019.