HB 1531 – AS INTRODUCED
2008 SESSION
06/05
HOUSE BILL 1531
AN ACT relative to allowing a cause of action for identity theft.
SPONSORS: Rep. Ulery, Hills 27; Rep. D. Smith, Hills 22
This bill establishes a cause of action for identity theft.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2190
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to allowing a cause of action for identity theft.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Identity Theft. Amend RSA 275-A by inserting after section 4-a the following new section:
275-A:4-b Identity Theft.
I. Any person whose social security number is used by another to gain employment shall have a civil cause of action against the employer of such person if the employer:
(a) Did not verify the employee’s identity prior to employment; or
(b) Attempted to verify the employee’s identity prior to employment, received a notice of failed verification from the Social Security Administration, and did not make a reasonable effort to resolve the discrepancy; or
(c) Received an employer correction request or educational correspondence from the Social Security Administration and did not make a reasonable effort to resolve the discrepancy.
II. Damages in an action brought under paragraph I shall be $5,000, plus reasonable attorney’s fees, and costs incurred to reestablish the identity of the aggrieved party.
2 Effective Date. This act shall take effect January 1, 2008.