Iowa Administrative Code

of a home may not be sold to borrowers who own a residence, unless the creditor, prior to the sale, has in the loan file documentation showing that the borrower does not already have household contents insurance.

consumer credit code, creditors must also comply with all applicable statutes and regulations enforced by the Iowa insurance division. These requirements include, but are not limited to: agent licensing requirements, premium rates, loss ratios, refund formulas, reporting requirem…

which are inconsistent with this chapter, is a separate violation of Iowa Code section 537.4101 (excess charges in insurance) and Iowa Code section 714.16 (consumer fraud Act). In addition, the inclusion of noncredit property insurance premiums within the sale or loan of other cr…

situation is held invalid, the invalidity shall not affect any other provision or application of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared severable. These rules are intended to …

“Consumer credit transaction” is as defined in Iowa Code section 537.1301(11). “Credit property insurance” means protection or indemnity against creditor risk of loss in connection with a specific consumer credit transaction secured by collateral. The definition of “credit proper…

transactions or to creditors who engage in consumer credit transactions only for the purpose of selling insurance products.

transactions only when the sole purpose of the transaction is to finance the sale of noncredit property insurance. This single purpose requirement is satisfied when the amount financed for the transaction includes only the premium cost for the noncredit property insurance and app…

may be made until the initial loan or credit transaction has been closed and the entire proceeds of the other credit products have been received by the consumer. In addition, creditors may not prepare documents for the sale of noncredit property insurance until the entire proceed…

following disclosures have been made. 20.6(1) Initial disclosures. Creditors must comply with the following initial disclosure requirements prior to preparing any written documents related to the sale of noncredit property insurance. a. The creditor must first inquire about exist…

form. The signature space must come after the disclosures required in subrule 20.6(2).

noncredit property insurance forms considered necessary provided they are not inconsistent with the disclosure form or this chapter and, if applicable, have been approved by the insurance commissioner.

chapter is classified as a consumer credit sale as defined by the Iowa consumer credit code. Finance charges assessed on noncredit insurance premiums may not exceed the rate authorized in Iowa Code section 537.2201. “Finance charge for consumer credit sales not pursuant to open-e…

Iowa consumer credit code, Iowa Code sections 537.6201 to 537.6203. The fees collected are used for the administration of the credit code.

22.2(1) Coverage. The following persons are included within the scope of the notification and fees sections: a. “Creditors” who are engaged in consumer credit transactions and acts, practices or conduct involving consumer credit transactions to which this chapter applies pursuant…

“Administrator” is defined in Iowa Code section 537.6103. “Assignee” means a person who purchases consumer credit sales contracts, consumer leases, or consumer loans from a seller, lessor or lender. “Consumer credit sale” is defined in Iowa Code section 537.1301(12). “Consumer cr…

22.4(1) Coverage. All creditors and debt collectors shall file a notification statement with the administrator. The statement should be filed at the following address: Administrator of the Iowa Consumer Credit Code, Consumer Protection Division, Department of Justice, Hoover Stat…

code must pay the following fees: 22.5(1) Annual fees. All creditors and debt collectors, including assignees, who are required to file notification statements shall pay to the administrator an annual fee of $50. This fee shall be paid with the filing of the first notification an…

creditors and debt collectors who are not in compliance with the notification and fees section. These sanctions are cumulative. 22.6(1) Late charge. The administrator may collect a late charge of $75 from any party subject to Iowa Code sections 537.6201 to 537.6203 who has failed…

registration as a professional commercial fund-raiser pursuant to Iowa Code section 13C.2 and Iowa Code chapter 252J, if the applicant: 1. Has failed to fully complete all required registration permit applications; 2. Has failed either to include with the registration permit appl…

required by Iowa Code section 252J.8 shall be served upon the applicant by restricted certified mail, return receipt requested, or personal service in accordance with Iowa Rules of Civil Procedure 56.1. Alternatively, the applicant may accept service personally or through authori…

child support. Applicants shall keep the attorney general informed of all court actions, and all child support recovery unit actions taken under or in connection with Iowa Code chapter 252J, and shall provide the attorney general copies, within seven days of filing or issuance, o…

of denial of registration, as specified in the notice required by 252J.8, shall be 60 days following service of the notice upon the applicant.

support. In the event an applicant files a timely district court action following service of an attorney general notice pursuant to Iowa Code sections 252J.8 and 252J.9, the attorney general shall continue with the intended action described in the notice upon the receipt of a cou…

Iowa Code chapter 557B, or these rules shall be submitted to the Office of the Attorney General, Consumer Protection Division, Hoover Building, 2nd Floor, Des Moines, Iowa 50319. Whenever these rules state that a document be “filed,” the document must be delivered to the attorney…

definitions found in Iowa Code section 557B.1. REGISTRATION

25.3(1) Who must register. A person shall not offer or sell a membership camping contract in this state unless the membership camping contract is covered by a membership camping registration. The application for registration must be filed with the attorney general’s office at the…

25.4(1) Statement of charges. A membership campground registration may be denied, suspended or revoked or a penalty of not more than $5000 may be imposed or a combination of suspension or revocation and penalty may be imposed for any of the reasons set forth in Iowa Code section …

25.5(1) Prohibitions. An advertisement shall not: a. Make any untrue statement of material fact which would make the statements misleading in light of the circumstances under which the statements were made. b. Misrepresent either explicitly or implicitly, the size, quantity, iden…

provisions of this chapter, the rules found in 61—Chapters 11 and 12 regarding petitions for adoption, amendment, or repeal of a rule (61—11.9(17A) and 61—11.10(17A)) for declaratory rulings (61—12.1(17A) to 61—12.6(17A)) shall govern similar petitions which may be brought under …

chapter 552, or these rules shall be submitted to the Office of the Attorney General, Consumer Protection Division, Hoover Building, Second Floor, Des Moines, Iowa 50319. When these rules require that a document be filed by a specific time, that requirement is met by delivery to …

552.1.

26.4(1) Who must establish escrow accounts. A physical exercise club or its assignee or agent that accepts prepayments shall deposit all of the funds received as prepayments in an escrow account established with a financial institution located in this state whose accounts are ins…

26.5(1) Bond required. A physical exercise club that accepts prepayments and does not establish an escrow account must post a bond in the amount of $150,000 with the office of the attorney general, in a form deemed acceptable by the attorney general. 26.5(2) Notice. Notice of the…

certify that a physical exercise club is fully open for business if substantially all of the promised equipment and services are available for use and the physical exercise club has made a diligent effort to provide the remaining equipment and services.

institution at the time the escrow account required by subrule 26.4(1) is opened that the escrow account is being established pursuant to Iowa Code chapter 552C. After the material has been submitted by the physical exercise club as required in subrule 26.4(2), the consumer prote…

vehicles which have otherwise been damaged. Notwithstanding the obligations imposed on the transferor of a motor vehicle under Iowa Code section 321.69, information that a motor vehicle ever has been titled on a salvage certificate or title indicating prior flood or other water d…

vehicles which have otherwise been damaged. Notwithstanding the obligations imposed on the transferor of a motor vehicle under Iowa Code section 321.69, deception or misrepresentation in connection with the sale of a motor vehicle that the seller knows, or reasonably should know,…

Code section 537B.2(3), or a “repair facility,” as defined in Iowa Code section 537B.4(1)“c,” shall retain copies of all written estimates and estimate disclosure forms for repairs or service to a motor vehicle. Such copies must be retained at the supplier’s or repair facility’s …

Other terms used in these rules have the same definitions as in the Lemon Law.

or lessee under the Lemon Law shall be provided, at the time of purchase or lease, to all purchasers and lessees, as defined in section 2 of the Lemon Law, for all new motor vehicles purchased or leased on or after July 1, 1991. This statement must be provided to purchasers and l…

lease or sell, either at wholesale or retail, or transfer a title to a motor vehicle returned by reason of a settlement, determination, or decision pursuant to the Lemon Law or a similar statute of any other state unless the nature of the nonconformity is clearly and conspicuousl…

30.4(1) Application for certification. To apply for certification by the attorney general of a manufacturer dispute resolution program under the Lemon Law, a motor vehicle manufacturer may provide proof of certification in another state pursuant to subrule 30.4(2) or provide the …

30.5(1) Fines. If the attorney general has probable cause to believe that a manufacturer has violated the Lemon Law or these rules, the attorney general may issue a statement of charges and notice of hearing to determine whether a fine should be imposed. 30.5(2) Revocation of cer…

30.6(1) A manufacturer’s dispute resolution program certified in this state, or a program established by a manufacturer applying for certification in this state, shall submit to the attorney general a copy of each settlement approved by the program and decision made by the decisi…

disasters is hereby declared to constitute an unfair practice under the Consumer Fraud Act, Iowa Code section 714.16 (1993), and is subject to all penalties provided therein. For purposes of this rule, a per se violation of the Act exists when it is shown that a person has charge…

An advertisement in which a sponsor offers a prize not requiring a payment, purchase or donation as a condition of awarding the prize, or as a condition of allowing the person to receive, use, compete for, or obtain information about the prize shall be deemed to have made a discl…

section 809A.25. They do not apply to property seized for forfeiture by the department of natural resources under Iowa Code section 483A.33.

33.10(1) The term “interest holder” shall include an entity which owns or holds a properly perfected mortgage, security interest, or other interest in real or personal property. 33.10(2) An interest holder with an exempt interest in forfeited property may be appointed as an agent…

agency that initiates a seizure for forfeiture must arrange for and pay costs associated with the proper care of property seized for forfeiture within the following guidelines: 33.2(1) Motor vehicles. a. Motor vehicles must be stored in a manner which will minimize deterioration …