(a) If a commission merchant fails to comply with a provision of Subchapter C, except Section 1801.103(a), (c), or (d), the commission merchant and the surety company or sureties required by Section 1801.052 are:
(1) liable for all actual damages incurred by the consignor resulting from the failure; and
(2) subject to a penalty of not less than $100 or more than $500.
(b) The consignor may recover the damages and penalty by filing suit for the actual damages and penalty.