Privacy Law Library

Identity Theft: Civil Cause of Action

Iowa Identity Theft Civil Remedy

Financial · Other

Iowa gives identity theft victims who lose money a civil claim against the thief for the greater of $5,000 or triple damages, plus credit repair costs and attorney fees. Banks and insurers can sue on behalf of account holders.

Where

Iowa

Citation

Iowa Code 714.16B (with 715A.8, identity theft offense)

Status

In force

Enforced by

Victims and financial institutions (civil action)

People can sue

Yes

Penalties

Victims may recover the greater of $5,000 or three times actual damages, plus credit repair costs, costs of proceedings to clear debts, punitive damages, attorney fees and court costs (714.16B(1)).

Applies to

• Any person who commits identity theft under Iowa Code 715A.8 (fraudulently obtaining or using another's identification information) (714.16B(1))
• Victims suffering pecuniary loss, and financial institutions (including insurers) suing on behalf of account holders (714.16B(1)-(2))