HB3112 Summary

• Defines "actual harm" as realized identity theft, loss, or injury; violations without actual harm become Consumer Fraud Act violations subject only to Attorney General enforcement.

• Restricts private right of action to persons who suffered actual harm; liquidated damages reduced to $250 for negligent violations and $500 for intentional/reckless violations (previously $1,000 and $5,000).

• Limits recovery to the initial violation only (not each violation) and establishes statute of limitations of 1 year for non-harm violations and 3 years for actual harm violations.

• Excludes employers regulated under the Day and Temporary Labor Services Act from the Act's requirements when using biometric timekeeping systems.

• Makes all changes retroactively applicable to October 3, 2008.