Yes. If your business was injured by a spammer, then you may have a cause of action against the spammer by means of Texas Business and Commerce Code Sec. 321.106 which provides:

ALTERNATIVE RECOVERY FOR ELECTRONIC MAIL SERVICE PROVIDERS. In lieu of actual damages, an electronic mail service provider injured by a violation of this chapter arising from the transmission of an unsolicited or commercial electronic mail message may recover an amount equal to the greater of:

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

Note, the injured party may instead bring an action for lost profits, in lieu of the statutory damages listed above. Either way, the injured party MUST comply with Sec. 321.107, and give timely notice to the Texas Attorney General.

• 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 -- Is there a civil penalty in Texas for sending unsolicited commercial email (UCE or Spam)? (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 5:44 pm and is filed under Business law, Intellectual Property, Litigation and judgments. 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.