HB 1252 -- Identity Theft

Sponsor:  Cooper (158)

This bill defines "identity theft," "personal identifying
information," and "victim of identity theft" and permits a person
to bring a legal action against a claimant to establish that he
or she is a victim of identity theft in connection with the
claimant's claim against that person.  If successful, the person
will be entitled to:

(1)  A declaration that he or she is not obligated to the
claimant on that claim;

(2)  A declaration that any interest the claimant had purportedly
obtained in the victim's property is void and undefendable;

(3)  An injunction restraining the claimant from collecting or
attempting to collect the claim, enforcing or attempting to
enforce any interest, or enforcing or executing on any judgment
from or against the victim on that claim;

(4)  The dismissal of any action filed by the claimant based on a
claim which arose as a result of the identity theft;

(5)  Actual damages, attorney fees, costs, and any equitable
relief that the court deems appropriate; and

(6)  A civil penalty of up to $30,000 if the victim establishes
that the claimant received written notice at least 30 days prior
to filing an action that a situation of identity theft might
exist, the claimant failed to investigate the possible identity
theft, and the claimant continued to pursue his or her claim
against the victim.

These claims must be filed within four years of the date the
person who alleges that he or she is a victim of identity theft
knew or, in the exercise of reasonable diligence, should have
known of the existence of facts which would bring about the
action.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:42 am