Senate Bill No. 2682 introduces a new chapter, Chapter 98C, to the Civil Practice and Remedies Code, which establishes civil liability for online impersonation in Texas. The bill defines "online impersonation" as the unauthorized use of an individual's name, voice, signature, photograph, or likeness on social media, particularly emphasizing the need for consent from the individual or their parent/guardian if the individual is a minor. The chapter outlines that it does not apply to law enforcement agencies acting within their scope of employment and clarifies that it does not impose liability on interactive computer services for content provided by others.

The bill specifies that individuals who knowingly engage in online impersonation with the intent to harm, defraud, intimidate, or threaten another person can be held liable for damages. Claimants who prevail in such actions are entitled to actual damages, including costs related to counseling and identity theft, as well as exemplary damages of at least $500. The court is also mandated to award costs and reasonable attorney's fees to the prevailing party. Additionally, the bill allows for injunctive relief, enabling courts to issue restraining orders or injunctions against online impersonation. The provisions of this chapter are cumulative to other legal remedies available under common law or statute. The Act is set to take effect on September 1, 2025.

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