Yes. Sec. 321.102 of the Texas Business and Commerce Code covers unsolicited commercial email (spam) that is sent within the state of Texas, in violation of Sec. 321.052. The statute provides:

VIOLATION OF CHAPTER: GENERAL CIVIL PENALTY AND INJUNCTIVE RELIEF.

(a) A person who violates this chapter is liable to this state for a civil penalty in an amount not to exceed the lesser of:

(1) $10 for each unlawful message or unlawful action; or
(2) $25,000 for each day an unlawful message is received or each day an unlawful action is taken.

• 25/05/2009 -- I contracted with a company to send email ads for me, but I didn’t know they violated the law. Can I still be sued? (0)
• 25/05/2009 -- Can I create a class action lawsuit to go after a spammer in Texas? (0)
• 25/05/2009 -- My email servers were used by a spammer to send unsolicited emails. Can I go after the spammer? (0)
• 25/05/2009 -- Is it a crime to send a sexually explicit unsolicited commercial email? (0)
• 25/05/2009 -- I want to send an unsolicited commercial email in Texas. How do I comply? (0)
• 25/05/2009 -- Is it against the law to falsify (munge) internet headers or use fake subject lines when sending unsolicited emails? (0)
• 14/06/2009 -- I’d like to sue a spammer who used my equipment. Can I do this while still protecting my trade secrets? (0)
• 25/05/2009 -- I am an internet service or email provider. May I block emails that I believe are in violation of the Texas anti-spam laws? (0)
• 25/05/2009 -- I run an electronic mail service or internet service provider. Can I be sued if one of my clients sends unsolicited commercial email (spam) without my knowledge? (0)
• 01/01/2010 -- When can a judgment creditor take my home? (0)

business litigation, internet law, internet service provider, spammer law

This entry was posted on Monday, May 25th, 2009 at 5:39 pm and is filed under Business law, Intellectual Property. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.