I. Any person whose social security number has been used by another for identification purposes shall have a civil cause of action against:
- (a) The person who misused the number with fraudulent intent.
- (b) Any individual who knowingly supplied or aided in obtaining false social security documentation.
- (c) Any employer who knows the documentation is false.
- II. Any employer who receives verification of the employee's eligibility to work from the Social Security Administration, E-Verify, or any other reputable organization providing a verification service shall be deemed to have exercised reasonable care and shall have an affirmative defense to the cause of action.
- III. Damages awarded by the court shall be treble damages or $10,000, whichever is greater, plus reasonable attorney's fees and any costs incurred to correct the records of the aggrieved party.
Source. 2012, 244:1, eff. Aug. 17, 2012.