Title XIII, COMMERCE (Ch. 505 - 554I)

1. A person who willfully and knowingly makes charges in excess of those permitted by the provisions of article 2, part 4 , applying to supervised loans, is guilty of a serious misdemeanor. 2. A person who, in violation of the provisions of this chapter applying to authority to m…

A person is guilty of a serious misdemeanor, if the person willfully and knowingly does any of the following: 1. Gives false or inaccurate information or fails to provide information which the person is required to disclose under the provisions of the Truth in Lending Act. 2. Use…

This article shall be known and may be cited as the “Iowa Consumer Credit Code — Administration” . [C75, 77, 79, 81, §537.6101 ]

This part applies to persons who: 1. Participate in transactions, acts, practices or conduct to which this chapter applies pursuant to section 537.1201 . 2. Participate in this state in transactions, acts, practices or conduct to which this chapter would apply pursuant to section…

Except as expressly provided in sections 537.6106 and 537.6108 , “administrator” means the attorney general or the attorney general’s designee. [C75, 77, 79, 81, §537.6103 ] Referred to in §524.103 , 533.116 , 536.28 , 536A.2 , 537.1301 , 537.3604 , 537.7102

1. The administrator, within the limitations provided by law, may: a. Receive and act on complaints. b. Take action designed to obtain voluntary compliance with this chapter . c. Commence proceedings on the administrator’s own initiative. d. Counsel persons and groups on their ri…

1. With respect to supervised financial organizations subject to regulation under chapter 524 or 533 , and persons licensed under chapters 536 and 536A , the powers of examination and investigation as provided in sections 537.2305 and 537.6106 , and administrative enforcement as …

1. For purposes of this section , “administrator” means either the attorney general or the attorney general’s designee, or the official or agency charged with enforcing this chapter against the person under investigation, as provided in section 537.6105, subsection 1 . If the adm…

1. For purposes of this section , “administrator” means either the attorney general or the attorney general’s designee, or the official or agency charged with enforcing this chapter against the person under investigation, as provided in section 537.6105, subsection 1 . Except as …

If it is claimed that a person has engaged in conduct which could be subject to an order by the administrator or by a court, the administrator may accept an assurance in writing that the person will not engage in the same or in similar conduct in the future. The assurance may inc…

The administrator may bring a civil action to restrain a person from violating this chapter and for other appropriate relief, including but not limited to the following: 1. To prevent the use or employment by a person of practices prohibited by this chapter . 2. To reform contrac…

1. The administrator may bring a civil action to restrain a person to whom this part applies from engaging in any of the following courses of action: a. Making or enforcing unconscionable terms or provisions of consumer credit transactions. b. Fraudulent or unconscionable conduct…

With respect to an action brought to enjoin violations of this chapter under section 537.6110 or unconscionable agreements or fraudulent or unconscionable conduct under section 537.6111 , the administrator may apply to the court for appropriate temporary relief against a defendan…

1. After demand, the administrator may bring a civil action against a person for all amounts of money, other than penalties, which a consumer or class of consumers has a right to recover explicitly granted by this chapter . The court shall order amounts recovered or recoverable u…

The grant of powers to the administrator in this article does not affect remedies available to consumers under this chapter or under other principles of law or equity, except as provided in section 537.6113 . [C75, 77, 79, 81, §537.6115 ]

The administrator may bring actions or proceedings in the district court in a county in which an act on which the action or proceeding is based occurred, or in a county in which the defendant resides or transacts business. [C75, 77, 79, 81, §537.6116 ]

1. The attorney general or the attorney general’s designee pursuant to chapter 17A may adopt, amend and repeal rules which the attorney general deems reasonably necessary for the enforcement of this chapter . Each rule so adopted shall be applicable to and binding upon every pers…

This part applies to all of the following: 1. Creditors engaged in consumer credit transactions and acts, practices or conduct involving consumer credit transactions to which this chapter applies pursuant to section 537.1201 , but not to those licensed, certificated, or otherwise…

1. Persons subject to this part shall file notification with the administrator within thirty days after commencing business in this state and, thereafter, on or before January 31 of each year. The notification must state all of the following: a. Name of the person. b. Every name …

1. A person required to file notification shall pay to the administrator an annual fee of fifty dollars. The fee shall be paid with the filing of the first notification and on or before January 31 of each succeeding year. 2. A person required to file notification who is a seller,…

This article shall be known and may be cited as the “Iowa Debt Collection Practices Act” . [C75, 77, 79, 81, §537.7101 ]

As used in this article , unless the context otherwise requires: 1. “Administrator” means the person designated in section 537.6103 . 2. “Creditor” , for the purposes of this article , means the person to whom a debtor is obligated, either directly or indirectly, on a debt. 3. “D…

1. A debt collector shall not collect or attempt to collect a debt by means of an illegal threat, coercion or attempt to coerce. The conduct described in each of the following paragraphs is an illegal threat, coercion or attempt to coerce within the meaning of this subsection : a…

1. Provision of credit card number or expiration date not required. A person shall not require as a condition of acceptance of a check or share draft, or as a means of identification, that the person presenting the check provide a credit card number or expiration date, or both. 2…

The use of private seals in written contracts, or other instruments in writing, by individuals, firms, or corporations that have not adopted a corporate seal, is hereby abolished; but the addition of a seal to any such instrument shall not affect its character or validity in any …

1. Definitions. When used in this section , unless the context otherwise requires: a. “Affiliate” means a person controlling, controlled by, or under common control with another person, every officer or director of such a person, and every person occupying a similar status or per…

All contracts in writing, signed by the party to be bound or by the party’s authorized agent or attorney, shall import a consideration. [C51, §975; R60, §1824; C73, §2113; C97, §3069; C24, 27, 31, 35, 39, § 9440; C46, 50, 54, 58, 62, 66, 71, 73, §537.2; C75, 77, 79, 81, §537A.2 ]…

The want or failure, in whole or in part, of the consideration of a written contract may be shown as a defense, total or partial, except as provided in the uniform commercial code, chapter 554 . [C51, §976; R60, §1825; C73, §2114; C97, §3070; C24, 27, 31, 35, 39, § 9441; C46, 50,…

1. All promises, agreements, notes, bills, bonds, or other contracts, mortgages or other securities, when the whole or any part of the consideration thereof is for money or other valuable thing won or lost, laid, staked, or bet, at or upon any game of any kind or on any wager, ar…

1. As used in this section , “construction contract” means an agreement relating to the construction, alteration, improvement, development, demolition, excavation, rehabilitation, maintenance, or repair of buildings, water or sewage treatment plants, power plants, or any other im…

1. As used in this section , “in-state construction contract” means a public, private, foreign, or domestic agreement relating to construction, alteration, repair, or maintenance of any real property in this state and includes agreements for architectural services, demolition, de…

This chapter is entitled the “Motor Vehicle Service Trade Practices Act” . 90 Acts, ch 1010, §1

As used in this chapter , unless the context otherwise requires: 1. “Consumer” means a person contracting for, or intending to contract for, repairs or service upon a motor vehicle used primarily for farm or personal use. 2. “Motor vehicle” means a motor vehicle as defined in sec…

1. If a consumer authorizes, in writing, repairs or service upon a motor vehicle prior to the commencement of the repairs or service, a conspicuous disclosure in substantially the following language shall appear on the authorization form or on a separate form provided to the cons…

1. As used in this section : a. “Aftermarket crash part” means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels, which replacement is not manufactured or marketed b…

It is a deceptive act or practice for a supplier to: 1. Fail to comply with the requirements of section 537B.3 . 2. Make the performance of any repair or service contingent upon a consumer’s waiver of any rights provided for in this chapter . 3. Fail to obtain oral or written aut…

No cause of action shall accrue upon a contract for labor or the payment or delivery of property other than money, where the time of performance is not fixed, until a demand of performance has been made upon the maker and refused, or a reasonable time for performance thereafter a…

When a contract for labor, or for the payment or delivery of property other than money, does not fix a place of payment, the maker may tender the labor or property at the place where the payee resided at the time of making the contract, or at the residence of the payee at the tim…

When the contract is contained in a written instrument which is assigned before due, and the maker has notice thereof, the maker shall make the tender at the residence of the holder if the holder resides in the state and no farther from the maker than the payee did at the making …

A tender of the property, as above provided, discharges the maker from the contract, and the property becomes vested in the payee or the payee’s assignee, and the payee or assignee may maintain an action therefor as in other cases. But if the property tendered be perishable, or r…

1. When an instrument for the payment of money is due and the holder is absent from the state or the holder’s identity or whereabouts are unknown and the instrument does not provide for a place of payment, the maker may tender payment at the last known residence or place of busin…

An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property, if not accepted, is equivalent to the actual tender of the money, instrument, or property, subject, however, to the condition contained in section 538.7 ; but i…

When a tender of money or property is not accepted by the party to whom it is made, the party making it may, if that party sees fit, retain it in possession; but if afterwards the party to whom the tender was made concludes to accept it and gives notice thereof to the other party…

The person making a tender may demand a receipt in writing for the money or article tendered, as a condition precedent to the delivery thereof. The person to whom a tender is made must, at the time, make any objection which the person may have to the money, instrument, or propert…

In this chapter , unless the context otherwise requires: 1. “Buyer” means an individual who is solicited to purchase or who purchases the services of a credit services organization. 2. “Consumer reporting agency” has the meaning assigned by section 603(f), Fair Credit Reporting A…

The attorney general or a buyer may bring an action in a district court to enjoin a violation of this chapter . 89 Acts, ch 183, §10 CS89, §533C.10 C93, §538A.10