HB-4735, As Passed House, September 9, 2009

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4735

 

March 31, 2009, Introduced by Reps. Jackson, Sheltrown, Leland, Melton, Durhal, Lori, Meadows and Dean and referred to the Committee on Judiciary.

 

     A bill to amend 2004 PA 452, entitled

 

"Identity theft protection act,"

 

(MCL 445.61 to 445.77) by adding section 11a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11a. (1) In a civil action by a victim of identity theft

 

against a person that violates section 5 or 7, he or she may

 

recover all of the following:

 

     (a) His or her actual damages, reasonable attorney fees, and

 

court costs.

 

     (b) Reasonable reimbursement for his or her time spent doing

 

any of the following:

 

     (i) Notifying third parties that an act of identity theft has

 

occurred.


House Bill No. 4735 as amended September 9, 2009

     (ii) Reporting the identity theft to law enforcement agencies.

 

     (iii) Correcting personal identifying information or providing

 

other information to third parties required as a result of the

 

identity theft.

 

     (c) Restitution, in an amount that compensates the victim in

 

full for the work done by the victim or the victim's attorney, or

 

both, to correct the victim's financial records and vital records

 

and to ameliorate the effects of the identity theft on the victim's

 

financial affairs, including, but not limited to, his or her credit

 

history, credit rating, or credit score.

 

     (2) For purposes of this section, a person that fails to

 

comply with the provisions of section 5 or 7 while acting in good

 

faith is not in violation of that section if the compliance failure

 

was not intentional and resulted from a bona fide error

 

notwithstanding the maintenance of procedures reasonably adapted to

 

avoid those errors and appropriate restitution is made to the

 

victim of identity theft.

 

     (3) As used in this section, a "bona fide error" includes, but

 

is not limited to, a computer malfunction or a clerical,

 

calculation, computer programming, or printing error. An error of

 

legal judgment with respect to a person's obligations under this

 

section is not a bona fide error.

     [Enacting section 1. This amendatory act takes effect January 1, 2010.]

     Enacting section [2]. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 4730(request no.

 

01597'09).


 

     (b) Senate Bill No.____ or House Bill No. 4731(request no.

 

01598'09).

 

     (c) Senate Bill No.____ or House Bill No. 4732(request no.

 

01599'09).

 

     (d) Senate Bill No.____ or House Bill No. 4733(request no.

 

01600'09).

 

     (e) Senate Bill No.____ or House Bill No. 4729(request no.

 

01601'09).

 

     (f) Senate Bill No.____ or House Bill No. 4734(request no.

 

01602'09).