VIOLATION; SANCTIONS
RECOVERY OF CIVIL DAMAGES BY AGGRIEVED PERSON.
A person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation the law:
– has a civil cause of action against any person who intercepts, discloses, or uses or solicits another person to intercept, disclose, or use the communication; and
– is entitled to recover from the person:
Actual damages but not less than liquidated damages computed at a rate of $100 for each day the violation occurs or $1,000, whichever is higher, punitive damages and reasonable attorney’s fees and other litigation costs reasonably incurred.
ACTION BROUGHT BY FEDERAL OR STATE GOVERNMENT; INJUNCTION; PENALTIES.
A person is subject to suit by the federal or state government in a court of competent jurisdiction for appropriate injunctive relief if the person engages in conduct that:
– constitutes an offense under Section 16.05, Penal Code, but is not for a tortious or illegal purpose or for the purpose of direct or indirect commercial advantage or private commercial gain; and
– involves a radio communication that is:
Transmitted on frequencies allocated under the rules of the Federal Communications Commission and not scrambled or encrypted.
The attorney general or the county or district attorney of the county in which the conduct is occurring may file suit under that subsection on behalf of the state.
A defendant is liable for a civil penalty of $500 if it is shown at the trial of the civil suit brought that the defendant has been:
– convicted of an offense under Section 16.05, Penal Code; or
– found liable in a civil action brought under Article 18A.502.
Each violation of an injunction ordered under Subsection (a) is punishable by a fine of $500.
GOOD FAITH DEFENSE AVAILABLE.
A good faith reliance on a court order or legislative authorization constitutes a complete defense to an action
NO CAUSE OF ACTION.
A computer trespasser or a user, aggrieved person, subscriber, or customer of a communication common carrier or provider of an electronic communications service does not have a cause of action against the carrier or service provider, the officers, employees, or agents of the carrier or service provider, or other specified persons for providing information, facilities, or assistance as required by a good faith reliance on:
– legislative authority
– a court order, warrant, subpoena, or certification under this chapter.
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