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.