State Codes and Statutes
Statutes > Texas > Business-and-commerce-code > Title-10-use-of-telecommunications > Chapter-325-internet-fraud
BUSINESS AND COMMERCE CODE
TITLE 10. USE OF TELECOMMUNICATIONS
SUBTITLE B. ELECTRONIC COMMUNICATIONS
CHAPTER 325. INTERNET FRAUD
Sec. 325.001. SHORT TITLE. This chapter may be cited as the
Anti-Phishing Act.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.002. DEFINITIONS. In this chapter:
(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.
(2) "Electronic mail address" means a destination, commonly
expressed as a string of characters, to which electronic mail may
be sent or delivered.
(3) "Identifying information" has the meaning assigned by
Section 32.51, Penal Code.
(4) "Internet domain name" refers to a globally unique,
hierarchical reference to an Internet host or service that is:
(A) assigned through a centralized Internet naming authority;
and
(B) composed of a series of character strings separated by
periods with the right-most string specifying the top of the
hierarchy.
(5) "Web page" means:
(A) a location that has a single uniform resource locator with
respect to the world wide web; or
(B) another location that can be accessed on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.003. INAPPLICABILITY OF CHAPTER. 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.004. CREATION AND USE OF WEB PAGE OR DOMAIN NAME FOR
FRAUDULENT PURPOSE PROHIBITED. A person may not, with the intent
to engage in conduct involving the fraudulent use or possession
of identifying information of another person:
(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
(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.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.005. TRANSMISSION OF FRAUDULENT ELECTRONIC MAIL
PROHIBITED. A person may not, with the intent to engage in
conduct involving the fraudulent use or possession of identifying
information, send or cause to be sent to an electronic mail
address held by a resident of this state an electronic mail
message that:
(1) is falsely represented as being sent by a legitimate online
business;
(2) refers or links the recipient to a web page that is
represented as being associated with the legitimate online
business; and
(3) directly or indirectly induces, requests, or solicits the
recipient to provide identifying information for a purpose that
the recipient believes is legitimate.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.006. CIVIL ACTION FOR INJUNCTIVE RELIEF OR DAMAGES.
(a) Any of the following persons may bring a civil action
against a person who violates this chapter:
(1) a person who is engaged in the business of providing
Internet access service to the public and is adversely affected
by the violation;
(2) an owner of a web page or trademark who is adversely
affected by the violation; or
(3) the attorney general.
(b) A person who brings an action under this section may obtain:
(1) injunctive relief that restrains the violator from
continuing the violation;
(2) subject to Subsection (c), damages in an amount equal to the
greater of:
(A) actual damages arising from the violation; or
(B) $100,000 for each violation of the same nature; or
(3) both injunctive relief and damages.
(c) The court may increase the amount of an award of actual
damages in an action brought under this section to an amount not
to exceed three times the actual damages sustained if the court
finds that the violation has reoccurred with sufficient frequency
to constitute a pattern or practice.
(d) A plaintiff who prevails in an action brought under this
section is entitled to recover reasonable attorney's fees and
court costs.
(e) For purposes of this section, violations are of the same
nature if the violations consist of the same course of conduct or
action, regardless of the number of times the conduct or act
occurred.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
State Codes and Statutes
Statutes > Texas > Business-and-commerce-code > Title-10-use-of-telecommunications > Chapter-325-internet-fraud
BUSINESS AND COMMERCE CODE
TITLE 10. USE OF TELECOMMUNICATIONS
SUBTITLE B. ELECTRONIC COMMUNICATIONS
CHAPTER 325. INTERNET FRAUD
Sec. 325.001. SHORT TITLE. This chapter may be cited as the
Anti-Phishing Act.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.002. DEFINITIONS. In this chapter:
(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.
(2) "Electronic mail address" means a destination, commonly
expressed as a string of characters, to which electronic mail may
be sent or delivered.
(3) "Identifying information" has the meaning assigned by
Section 32.51, Penal Code.
(4) "Internet domain name" refers to a globally unique,
hierarchical reference to an Internet host or service that is:
(A) assigned through a centralized Internet naming authority;
and
(B) composed of a series of character strings separated by
periods with the right-most string specifying the top of the
hierarchy.
(5) "Web page" means:
(A) a location that has a single uniform resource locator with
respect to the world wide web; or
(B) another location that can be accessed on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.003. INAPPLICABILITY OF CHAPTER. 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.004. CREATION AND USE OF WEB PAGE OR DOMAIN NAME FOR
FRAUDULENT PURPOSE PROHIBITED. A person may not, with the intent
to engage in conduct involving the fraudulent use or possession
of identifying information of another person:
(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
(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.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.005. TRANSMISSION OF FRAUDULENT ELECTRONIC MAIL
PROHIBITED. A person may not, with the intent to engage in
conduct involving the fraudulent use or possession of identifying
information, send or cause to be sent to an electronic mail
address held by a resident of this state an electronic mail
message that:
(1) is falsely represented as being sent by a legitimate online
business;
(2) refers or links the recipient to a web page that is
represented as being associated with the legitimate online
business; and
(3) directly or indirectly induces, requests, or solicits the
recipient to provide identifying information for a purpose that
the recipient believes is legitimate.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.006. CIVIL ACTION FOR INJUNCTIVE RELIEF OR DAMAGES.
(a) Any of the following persons may bring a civil action
against a person who violates this chapter:
(1) a person who is engaged in the business of providing
Internet access service to the public and is adversely affected
by the violation;
(2) an owner of a web page or trademark who is adversely
affected by the violation; or
(3) the attorney general.
(b) A person who brings an action under this section may obtain:
(1) injunctive relief that restrains the violator from
continuing the violation;
(2) subject to Subsection (c), damages in an amount equal to the
greater of:
(A) actual damages arising from the violation; or
(B) $100,000 for each violation of the same nature; or
(3) both injunctive relief and damages.
(c) The court may increase the amount of an award of actual
damages in an action brought under this section to an amount not
to exceed three times the actual damages sustained if the court
finds that the violation has reoccurred with sufficient frequency
to constitute a pattern or practice.
(d) A plaintiff who prevails in an action brought under this
section is entitled to recover reasonable attorney's fees and
court costs.
(e) For purposes of this section, violations are of the same
nature if the violations consist of the same course of conduct or
action, regardless of the number of times the conduct or act
occurred.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
State Codes and Statutes
Statutes >
Texas >
Business-and-commerce-code >
Title-10-use-of-telecommunications >
Chapter-325-internet-fraud BUSINESS AND COMMERCE CODE
TITLE 10. USE OF TELECOMMUNICATIONS
SUBTITLE B. ELECTRONIC COMMUNICATIONS
CHAPTER 325. INTERNET FRAUD
Sec. 325.001. SHORT TITLE. This chapter may be cited as the
Anti-Phishing Act.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.002. DEFINITIONS. In this chapter:
(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.
(2) "Electronic mail address" means a destination, commonly
expressed as a string of characters, to which electronic mail may
be sent or delivered.
(3) "Identifying information" has the meaning assigned by
Section 32.51, Penal Code.
(4) "Internet domain name" refers to a globally unique,
hierarchical reference to an Internet host or service that is:
(A) assigned through a centralized Internet naming authority;
and
(B) composed of a series of character strings separated by
periods with the right-most string specifying the top of the
hierarchy.
(5) "Web page" means:
(A) a location that has a single uniform resource locator with
respect to the world wide web; or
(B) another location that can be accessed on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.003. INAPPLICABILITY OF CHAPTER. 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.004. CREATION AND USE OF WEB PAGE OR DOMAIN NAME FOR
FRAUDULENT PURPOSE PROHIBITED. A person may not, with the intent
to engage in conduct involving the fraudulent use or possession
of identifying information of another person:
(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
(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.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.005. TRANSMISSION OF FRAUDULENT ELECTRONIC MAIL
PROHIBITED. A person may not, with the intent to engage in
conduct involving the fraudulent use or possession of identifying
information, send or cause to be sent to an electronic mail
address held by a resident of this state an electronic mail
message that:
(1) is falsely represented as being sent by a legitimate online
business;
(2) refers or links the recipient to a web page that is
represented as being associated with the legitimate online
business; and
(3) directly or indirectly induces, requests, or solicits the
recipient to provide identifying information for a purpose that
the recipient believes is legitimate.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 325.006. CIVIL ACTION FOR INJUNCTIVE RELIEF OR DAMAGES.
(a) Any of the following persons may bring a civil action
against a person who violates this chapter:
(1) a person who is engaged in the business of providing
Internet access service to the public and is adversely affected
by the violation;
(2) an owner of a web page or trademark who is adversely
affected by the violation; or
(3) the attorney general.
(b) A person who brings an action under this section may obtain:
(1) injunctive relief that restrains the violator from
continuing the violation;
(2) subject to Subsection (c), damages in an amount equal to the
greater of:
(A) actual damages arising from the violation; or
(B) $100,000 for each violation of the same nature; or
(3) both injunctive relief and damages.
(c) The court may increase the amount of an award of actual
damages in an action brought under this section to an amount not
to exceed three times the actual damages sustained if the court
finds that the violation has reoccurred with sufficient frequency
to constitute a pattern or practice.
(d) A plaintiff who prevails in an action brought under this
section is entitled to recover reasonable attorney's fees and
court costs.
(e) For purposes of this section, violations are of the same
nature if the violations consist of the same course of conduct or
action, regardless of the number of times the conduct or act
occurred.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
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