78B-6-1701. Cause of action for identity theft.
(1) A petitioner who has been injured by a violation of Section, Identity Fraud, or Section, Communications Fraud, may recover from the perpetrator: 76-6-1102 76-6-525 compensatory damages in the amount of $1,000 or up to three times the amount of actual damages, whichever is greater; attorney fees; and court costs.
(2) Actual damages may include: replacement or reissuance costs for checks and any personal identification documents; the value of the petitioner's time spent: repairing their credit history or rating; and attending civil or administrative hearings necessary to resolve any debt, lien, or other obligation arising from the offense; lost wages; and 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, Identity Fraud, or Section, 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. 76-6-1102 76-6-525
(5) A perpetrator who is found guilty of a violation of Section, Identity Fraud, or Section, Communications Fraud, shall be found liable under this section. 76-6-1102 76-6-525 If restitution was ordered in the criminal action, the amount ordered shall be deducted from any damages awarded under this section.