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7 LONG TITLE
8 General Description:
9 This bill creates new causes of action for identity theft.
10 Highlighted Provisions:
11 This bill:
12 ▸ allows a petitioner injured by certain financial transaction card offenses to bring a
13 civil action against the perpetrator to recover damages, attorney fees, and court
14 costs; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 78B-6-1701, as enacted by Laws of Utah 2010, Chapter 143
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 78B-6-1701 is amended to read:
26 78B-6-1701. Cause of action for identity theft.
27 (1) As used in this section, "financial transaction card offense section" means:
28 (a) Section 76-6-506.2;
29 (b) Section 76-6-506.3;
30 (c) Section 76-6-506.5;
31 (d) Section 76-6-506.6; or
32 (e) Section 76-6-506.7.
33 [
34 offense section, Section 76-6-1102, Identity Fraud, or Section 76-10-1801, Communications
35 Fraud, may recover from the perpetrator:
36 (a) compensatory damages in the amount of $1,000 or up to three times the amount of
37 actual damages, whichever is greater;
38 (b) attorney fees; and
39 (c) court costs.
40 [
41 (a) replacement or reissuance costs for checks and any personal identification
42 documents;
43 (b) the value of the petitioner's time spent:
44 (i) repairing [
45 (ii) attending civil or administrative hearings necessary to resolve any debt, lien, or
46 other obligation arising from the offense;
47 (c) lost wages; and
48 (d) any other verifiable costs the court may choose to include.
49 [
50 [
51 transaction card offense section, Section 76-6-1102, Identity Fraud, or Section 76-10-1801,
52 Communications Fraud, may be found liable under this section if the court finds by a
53 preponderance of the evidence that the perpetrator participated in a violation and the petitioner
54 was injured as a result.
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56 card offense section, Section 76-6-1102, Identity Fraud, or Section 76-10-1801,
57 Communications Fraud, shall be found liable under this section.
58 (b) If restitution was ordered in the criminal action, the amount ordered shall be
59 deducted from any damages awarded under this section.