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















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.




     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



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.




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




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




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




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




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