(a) In lieu of actual damages, a person injured by a violation of this chapter arising from the transmission of an unsolicited or commercial electronic mail message or by a violation of Section 321.054 may recover an amount equal to the lesser of:
(1) $10 for each unlawful message or each message unlawfully impeded, as applicable; or
(2) $25,000 for each day the unlawful message is received or the message is unlawfully impeded, as applicable.
(b) Subsection (a) does not apply to a person who is an electronic mail service provider.