Remedies

(a)The Attorney General, an internet service provider or software company that expends resources in good faith assisting authorized users harmed by a violation of this Article, or a trademark owner whose mark is used to deceive authorized users in violation of this Article, may bring a civil action against a person who violates any provision of this Article to recover actual damages, liquidated damages of at least One Thousand Dollars ($1,000) per violation of this Article, not to exceed One Million Dollars ($1,000,000) for a pattern or practice of such violations, attorney fees, and costs.

(b)The court may increase a damage award to an amount equal to not more than three times the amount otherwise recoverable under subsection 1 if the court determines that the defendant committed the violation willfully and knowingly.

(c)The court may reduce liquidated damages recoverable under subsection 1, to a minimum of one hundred dollars, not to exceed one hundred thousand dollars for each violation if the court finds that the defendant established and implemented practices and procedures reasonably designed to prevent a violation of this Article.

(d)In the case of a violation of § 46.604(f)(1) that causes a telecommunications carrier or provider of voice over internet protocol service to incur costs for the origination, transport, or termination of a call triggered using the modem or internet-capable device of a customer of such telecommunications carrier or provider as a result of such violation, the telecommunications carrier may bring a civil action against the violator to recover any or all of the following:

(1)the charges such carrier or provider is obligated to pay to another carrier or to an information service provider as a result of the violation, including, but not limited to, charges for the origination, transport or termination of the call;

(2)costs of handling customer inquiries or complaints with respect to amounts billed for such calls;

(3)costs and a reasonable attorney’s fee; and

(4)an order to enjoin the violation.

(e)For purposes of a civil action under Subsections (a),

(b)and (c), any single action or conduct that violates more than one Subsection of this Article shall be considered multiple violations based on the number of such Subsections violated.