§ 123.004.Damages
Title 6. Miscellaneous Provisions · Chapter 123. Interception of Communication · Last amended 2001 · Last verified August 29, 2026
Full Text of § 123.004
Plain-English Summary
The remedy, and it is among the most generous in this code.
An injunction prohibiting a further interception, attempted interception, or divulgence or use of information obtained by an interception.
The injunction is listed first, and for good reason. Money does not unspeak a private conversation; stopping further use is what a claimant most often needs.
Statutory damages of $10,000 for each occurrence.
"Each occurrence" is what makes the figure serious. A recording device left in place for a month produces many occurrences, and the damages multiply accordingly.
Statutory damages solve the problem this claim would otherwise face. The harm from being listened to is real and hard to price, and without a fixed sum many claims would be worth nothing.
All actual damages in excess of $10,000.
Read the words carefully: actual damages are recoverable to the extent they exceed the statutory figure, so a claimant receives $10,000 or their proven loss, whichever is greater — not both.
Punitive damages in an amount determined by the court or jury.
No conduct threshold is stated here, unlike the exemplary damages chapter’s ordinary requirement of fraud, malice or gross negligence — though that chapter’s own terms govern where it applies.
Reasonable attorney’s fees and costs.
Taken together the four money remedies stack in a deliberate order: a floor that makes the claim viable, actual loss above it, punitive damages for the conduct, and fees so the claim can be brought at all.
Frequently Asked Questions
What can be recovered for an illegal interception?
An injunction, statutory damages of $10,000 for each occurrence, actual damages above that, punitive damages, and reasonable attorney’s fees and costs.
Are statutory and actual damages both recoverable?
Actual damages are recoverable only in excess of $10,000, so a claimant receives the greater of the two rather than both.
Does a long-running interception increase damages?
Yes. Statutory damages are $10,000 for each occurrence.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 1049, Sec. 1, eff. Sept. 1, 2001.