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.
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
(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
(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 . 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.