Iowa Code 714.16B – Identity theft — civil cause of action
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Terms Used In Iowa Code 714.16B
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
714.16B Identity theft — civil cause of action.
1. In addition to any other remedies provided by law, a person as defined under section
714.16, subsection 1, suffering a pecuniary loss as a result of an identity theft by another person under § 715A.8, or a financial institution on behalf of an account holder suffering a pecuniary loss as a result of an identity theft by another person under § 715A.8, may bring an action against such other person to recover all of the following:
a. Five thousand dollars or three times the actual damages, whichever is greater.
b. Reasonable costs incurred due to the violation of § 715A.8, including all of the following:
(1) Costs for repairing the victim’s credit history or credit rating.
(2) Costs incurred for bringing a civil or administrative proceeding to satisfy a debt, lien, judgment, or other obligation of the victim.
(3) Punitive damages, attorney fees, and court costs.
2. For purposes of this section, “”financial institution”” means the same as defined in section
527.2, and includes an insurer organized under Title XIII, subtitle 1, of this Code, or under the laws of any other state or the United States.
99 Acts, ch 47, §1; 2005 Acts, ch 18, §2; 2013 Acts, ch 30, §209
Referred to in §614.4A
1. In addition to any other remedies provided by law, a person as defined under section
714.16, subsection 1, suffering a pecuniary loss as a result of an identity theft by another person under § 715A.8, or a financial institution on behalf of an account holder suffering a pecuniary loss as a result of an identity theft by another person under § 715A.8, may bring an action against such other person to recover all of the following:
a. Five thousand dollars or three times the actual damages, whichever is greater.
b. Reasonable costs incurred due to the violation of § 715A.8, including all of the following:
(1) Costs for repairing the victim’s credit history or credit rating.
(2) Costs incurred for bringing a civil or administrative proceeding to satisfy a debt, lien, judgment, or other obligation of the victim.
(3) Punitive damages, attorney fees, and court costs.
2. For purposes of this section, “”financial institution”” means the same as defined in section
527.2, and includes an insurer organized under Title XIII, subtitle 1, of this Code, or under the laws of any other state or the United States.
99 Acts, ch 47, §1; 2005 Acts, ch 18, §2; 2013 Acts, ch 30, §209
Referred to in §614.4A