1.1    .................... moves to amend H. F. No. 1758 as follows:
1.2Page 2, after line 2, insert:
1.3    "(j) "Service provider" means a person or entity that stores, processes, or transmits
1.4access device data on behalf of another person or entity."
1.5Page 2, line 7, after the period, insert "A person or entity is in violation of this section
1.6if its service provider retains such data subsequent to the authorization of the transaction."
1.7Page 2, line 10, after "section," insert "or that person's or entity's service provider,"
1.8Page 2, delete subdivision 4 and insert:
1.9    "Subd. 4. Remedies. (a) Any person injured by a violation of the standards,
1.10duties, prohibitions, or requirements of this section has a private right of action and the
1.11court shall award:
1.12    (1) actual, incidental, and consequential damages; and
1.13    (2) court costs and reasonable attorney fees.
1.14    (b) A person injured by a violation of the standards, duties, prohibitions, or
1.15requirements of this section also may bring an action under section 8.31. A private right of
1.16action by a borrower under this chapter is in the public interest.
1.17    (c) The remedies provided in this section are cumulative and do not restrict any
1.18other right or remedy otherwise available to the borrower."