§ 100B.002.Cause of Action for Dissemination of Certain Communications for Financial Exploitation

The cause of action, and its remedies follow the pattern of the victim-remedy chapters.

A person is liable for damages resulting from a knowing or intentional dissemination of artificially generated media or a phishing communication for the purpose of financial exploitation.

A court shall award a prevailing claimant: actual damages, including damages for mental anguish and the defendant's profits attributable to the dissemination; and court costs and reasonable attorney's fees.

The profits clause is the notable inclusion. A claimant may recover what the defendant made, which matters where the money is traceable but the individual victim's loss is smaller than the scheme's take. The online impersonation chapter allows the defendant's profits to be considered; this makes them part of actual damages outright.

Subsection (c) supplies injunctive relief — a temporary restraining order or a temporary or permanent injunction to restrain and prevent the further dissemination to the claimant.

Subsection (d) is the platform exclusion, and it names three categories: an interactive computer service under Section 230, a telecommunications service under the Communications Act, and a radio or television station licensed by the FCC — none liable for content provided by another person.

That is broader than the intimate visual material and online impersonation chapters, which exclude only the interactive computer service. Adding carriers and broadcasters follows from the definition covering radio broadcasts and communications sent by any digital means.