§ 78B-6-1701. Cause of action for identity theft.

(1) A petitioner who has been injured by a violation of Section 76-6-1102, Identity Fraud, or Section 76-10-1801, Communications Fraud, may recover from the perpetrator:

(a) compensatory damages in the amount of $1,000 or up to three times the amount of actual damages, whichever is greater;

(b) attorney fees; and

(c) court costs.

(2) Actual damages may include:

(a) replacement or reissuance costs for checks and any personal identification documents;

(b) the value of the petitioner's time spent:

(i) repairing their credit history or rating; and

(ii) attending civil or administrative hearings necessary to resolve any debt, lien, or other obligation arising from the offense;

(c) lost wages; and

(d) any other verifiable costs the court may choose to include.

(3) The court may award punitive damages in addition to compensatory damages.

(4) A perpetrator who is not tried or found not guilty of a violation of Section 76-6-1102, Identity Fraud, or Section 76-10-1801, Communications Fraud, may be found liable under this section if the court finds by a preponderance of the evidence that the perpetrator participated in a violation and the petitioner was injured as a result.

(5)

(a) A perpetrator who is found guilty of a violation of Section 76-6-1102, Identity Fraud, or Section 76-10-1801, Communications Fraud, shall be found liable under this section.

(b) If restitution was ordered in the criminal action, the amount ordered shall be deducted from any damages awarded under this section.

Enacted by Chapter 143, 2010 General Session