2011 Connecticut Code
Title 52 Civil Actions
Chapter 925 Statutory Rights of Action and Defenses
Sec. 52-571h. Action for damages resulting from identity theft.

      Sec. 52-571h. Action for damages resulting from identity theft. (a) Any person aggrieved by an act constituting a violation of section 53a-129a of the general statutes, revision of 1958, revised to January 1, 2003, or section 53a-129b, 53a-129c, 53a-129d or 53a-129e may bring a civil action in the Superior Court for damages against the person who committed the violation.

      (b) In any civil action brought under this section in which the plaintiff prevails, the court shall award the greater of one thousand dollars or treble damages, together with costs and a reasonable attorney's fee. Damages shall include, but need not be limited to, documented lost wages and any financial loss suffered by the plaintiff as a result of identity theft, as defined in section 53a-129a, 53a-129b, or 53a-129c. The court may award other remedies provided by law, including, but not limited to, the costs of providing not less than two years of commercially available identity theft monitoring and protection for such individual.

      (c) No action under this section shall be brought but within three years from the date when the violation is discovered or in the exercise of reasonable care should have been discovered.

      (P.A. 00-46; P.A. 03-156, S. 11; P.A. 09-239, S. 7.)

      History: P.A. 03-156 amended Subsec. (a) to replace "a violation of section 53a-129a" with "a violation of section 53a-129a of the general statutes, revision of 1958, revised to January 1, 2003, or section 53a-129b, 53a-129c or 53a-129d" and added new Subsec. (c) barring an action unless brought within two years from the date when the violation is discovered or in the exercise of reasonable care should have been discovered; P.A. 09-239 amended Subsec. (a) by adding reference to Sec. 53a-129e, amended Subsec. (b) by specifying that damages shall include documented lost wages and financial loss suffered by plaintiff as result of identity theft and by giving court discretion to award other remedies provided by law, and amended Subsec. (c) to require action to be brought within 3 years, rather than 2 years.