(g) If a violation of Section 324.052 causes a telecommunications carrier or cable operator to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of the telecommunications carrier or cable operator as a result of the violation, the telecommunications carrier or cable operator may in addition to any other remedy provided by law: (11610)
(1) apply to a court for an order to enjoin the violation; (11611)
(2) recover the charges the telecommunications carrier or cable operator is obligated to pay to a telecommunications carrier, a cable operator, another provider of transmission capability, or an information service provider as a result of the violation, including charges for the origination, transport, or termination of the call; (11612)
(3) recover the costs of handling customer inquiries or complaints with respect to amounts billed for calls as a result of the violation; (11613)
(4) recover other costs, including court costs, and reasonable attorney's fees; or (11614)
(5) both apply for injunctive relief and recover charges and other costs as provided by this subsection. (11615)
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (11616)
Amended by: (11617)
Acts 2009, 81st Leg., R.S., Ch. 718 (S.B. 28), Sec. 5, eff. September 1, 2009. (11618)
Sec. 324.102. CIVIL PENALTY; INJUNCTIVE RELIEF. (11619)(Text)
(a) A person who violates this chapter is liable to this state for a civil penalty in an amount not to exceed $100,000 for each violation. The attorney general may bring an action to recover the civil penalty imposed by this subsection. (11620)
(b) If it appears to the attorney general that a person is engaging in, has engaged in, or is about to engage in conduct that violates this chapter, the attorney general may bring an action in the name of the state against the person to restrain the violation by a temporary restraining order or by a permanent or temporary injunction. (11621)
(c) The attorney general is entitled to recover reasonable expenses incurred in obtaining civil penalties or injunctive relief, or both, under this section, including reasonable attorney's fees and court costs. (11622)
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (11623)
This chapter may be cited as the Anti-Phishing Act. (11626)
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (11627)
In this chapter: (11629)
(1) "Electronic mail" means a message, file, or other information that is transmitted through a local, regional, or global computer network, regardless of whether the message, file, or information is viewed, stored for retrieval at a later time, printed, or filtered by a computer program that is designed or intended to filter or screen the message, file, or information. (11630)
(2) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered. (11631)
(3) "Identifying information" has the meaning assigned by Section 32.51, Penal Code. (11632)
(4) "Internet domain name" refers to a globally unique, hierarchical reference to an Internet host or service that is: (11633)
(A) assigned through a centralized Internet naming authority; and (11634)
(B) composed of a series of character strings separated by periods with the right-most string specifying the top of the hierarchy. (11635)
(5) "Web page" means: (11636)
(A) a location that has a single uniform resource locator with respect to the world wide web; or (11637)
(B) another location that can be accessed on the Internet. (11638)
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (11639)
This chapter does not apply to a telecommunications provider's or Internet service provider's good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information. (11641)
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (11642)
A person may not, with the intent to engage in conduct involving the fraudulent use or possession of identifying information of another person: (11644)
(1) create a web page or Internet domain name that is represented as a legitimate online business without the authorization of the registered owner of that business; and (11645)
(2) use that web page or a link to that web page, that domain name, or another site on the Internet to induce, request, or solicit another person to provide identifying information for a purpose that the other person believes is legitimate. (11646)
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (11647)
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