State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-539_2C

§ 1‑539.2C.  Damages foridentity theft.

(a)        Any person whoseproperty or person is injured by reason of an act made unlawful by Article 19Cof Chapter 14 of the General Statutes, or a violation of G.S. 75‑66, maysue for civil damages. For each unlawful act, or each violation of G.S. 75‑66,damages may be

(1)        In an amount of upto five thousand dollars ($5,000), but no less than five hundred dollars($500.00), or

(2)        Three times theamount of actual damages,

whichever amount is greater. Aperson seeking damages as set forth in this section may also institute a civilaction to enjoin and restrain future acts that would constitute a violation ofthis section. The court, in an action brought under this section, may awardreasonable attorneys' fees to the prevailing party.

(b)        If the identifyinginformation of a deceased person is used in a manner made unlawful by Article19C of Chapter 14 of the General Statutes, or by a violation of G.S. 75‑66,the deceased person's estate shall have the right to recover damages pursuantto subsection (a) of this section.

(c)        The venue for anycivil action brought under this section shall be the county in which theplaintiff resides or any county in which any part of the alleged violation ofG.S. 75‑66, G.S. 14‑113.20 or G.S. 14‑113.20A took place,regardless of whether the defendant was ever actually present in that county.Civil actions under this section must be brought within three years from thedate on which the identity of the wrongdoer was discovered or reasonably shouldhave been discovered.

(d)        Civil action underthis section does not depend on whether or not a criminal prosecution has beenor will be instituted under Article 19C of Chapter 14 of the General Statutesfor the acts which are the subject of the civil action. The rights and remediesprovided by this section are in addition to any other rights and remediesprovided by law. (2002‑175,s. 8; 2005‑414, s. 9; 2007‑534, s. 3.)