Sec. 118.0005. PRIVATE CAUSE OF ACTION. (a) If a third-party food delivery service violates this chapter, a restaurant aggrieved by the violation may bring an action against the service for: (1) injunctive relief; and (2) damages in an amount equal to: (A) the restaurant's actual damages arising from the violation; or (B) the service's profits arising from the violation. (b) If the court finds that the defendant committed the violation knowingly or in bad faith, the court may award the plaintiff: (1) exemplary damages in an amount that is not more than three times the sum of: (A) the plaintiff's actual damages; and (B) the defendant's profits arising from the violation; and (2) the plaintiff's reasonable attorney's fees.
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