§ 98C.007.Cause of Action Cumulative
Title 4. Liability in Tort · Chapter 98C. Liability for Online Impersonation · Last amended 2025 · Last verified August 29, 2026
Full Text of § 98C.007
Plain-English Summary
One sentence closing the chapter: the cause of action is cumulative of any other remedy provided by common law or statute.
Unqualified, so the claim stacks with anything else that applies.
The overlapping remedies are numerous. Defamation reaches false statements attributed to the claimant. Misappropriation of name or likeness is the common law privacy tort covering exactly this conduct. The intimate visual material chapter covers impersonation that is sexual in character, and the stalking chapter reaches impersonation used as part of a campaign of harassment.
Penal Code Section 33.07 makes online impersonation a criminal offence, running alongside this civil claim.
Choosing among them turns on the remedies. This chapter offers a $500 exemplary damages floor and two-way fees; the intimate visual material chapter offers one-way fees, per-violation injunction damages, and a ten-year limitations period; defamation offers neither but has no intent-to-harm element and no requirement that the impersonation be "virtually indistinguishable" from a real person.
The cumulative provision means a claimant need not choose in advance, which matters given how demanding this chapter's two elements are.
Frequently Asked Questions
Can I bring other claims with an online impersonation claim?
Yes. The cause of action is cumulative of any other remedy provided by common law or statute.
What else might apply?
Defamation, misappropriation of name or likeness, and the intimate visual material and stalking chapters. Penal Code Section 33.07 makes online impersonation a criminal offence as well.
Why plead more than one?
Because this chapter's elements are demanding — intent to harm and an impersonation "virtually indistinguishable" from a real person — and the alternatives have different requirements and remedies.
Amendment History
- Added by Acts 2025, 89th Leg., R.S., Ch. 927 (H.B. 783), Sec. 1, eff. September 1, 2025.