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

This chapter applies to all physical exercise club contracts entered into in this state on or after July 1, 1988, concerning physical exercise club facilities located, or services to be provided, in this state. 88 Acts, ch 1221, §22

A physical exercise club contract or assignment of a contract that does not comply with this chapter is unenforceable as contrary to public policy. 88 Acts, ch 1221, §3

1. A physical exercise club contract shall provide that the contract may be canceled within three business days after the date of receipt by the buyer of a copy of the signed contract. Cancellation shall be by written notice delivered to the seller at an address which shall be sp…

1. a. A physical exercise club contract shall be in writing and signed by the buyer. The contract shall state in at least ten point boldface type: NOTICE TO BUYER: Do not sign this contract until you read it. Do not sign this contract if it contains blank spaces. b. A copy of the…

A physical exercise club contract shall include a complete statement of the rules of the physical exercise club, or an acknowledgment in a conspicuous form that the buyer has received a copy of the rules. Physical exercise club rules shall include, but are not limited to, the hou…

If a buyer cancels a physical exercise club contract pursuant to the three-day cancellation provision, the physical exercise club shall send the buyer a written confirmation of cancellation, together with the buyer’s refund and any negotiable instruments executed by the buyer, wi…

A physical exercise club contract shall not have a duration longer than thirty-six months. If a physical exercise club offers a contract of more than twelve months duration, it shall also offer a twelve-month contract. A physical exercise club contract shall not contain an automa…

The physical exercise club shall orally inform the buyer prior to the buyer’s entering into a physical exercise club contract of the three-day cancellation provision and provide the buyer with a written list of all membership plans and their respective prices. 88 Acts, ch 1221, §…

As used in this chapter , unless the context otherwise requires: 1. “Buying club” means a corporation, partnership, unincorporated association, or other business enterprise which sells or offers for sale to the public generally memberships or certificates of membership. 2. “Contr…

This chapter does not apply to any of the following: 1. Building and loan associations, state or national banks, insurance companies and associations, and mutual or cooperative telephone companies organized under chapter 491 which have been determined to be exempt from taxation u…

The requirements of sections 555A.1 through 555A.5 , relating to door-to-door sales, shall apply to sales of buying club memberships, irrespective of the place or manner of sale or the purpose for which they are purchased, except that in connection with the sale of a buying club …

A contract shall not be valid for a term longer than eighteen months from the date on which the contract is signed. However, a buying club may allow a member to convert the contract into a contract for a period longer than eighteen months after the member has been a member of the…

1. A violation of this chapter is a violation of section 714.16, subsection 2 , paragraph “a” . 2. The rights, obligations, and remedies provided in this chapter shall be in addition to any other rights, obligations, or remedies provided by law or in equity. 3. In addition to the…

This chapter shall be known and may be cited as the “Iowa Competition Law” . [C77, 79, 81, §553.1 ]

If a person objects or otherwise fails to obey a written demand or court order issued under section 553.9 , the attorney general may file in the district court of the county in which the person resides or maintains a principal place of business within this state an application fo…

Before the attorney general files an application under section 553.10 and upon application of any person who was served a written demand or court order under section 553.9 , upon notice and hearing, and for good cause shown, the district court may make any order which justice req…

The state or a person who is injured or threatened with injury by conduct prohibited under this chapter may bring suit to: 1. Prevent or restrain conduct prohibited under this chapter and remove the conduct’s effect by injunction, divestiture, divorcement, dissolution of domestic…

In addition to suit under section 553.12 , the state may bring suit to assess a civil penalty against an enterprise whose conduct is prohibited under this chapter . The suit may be tried to the jury and the civil penalty provided for in this section shall be imposed by the court.…

1. A person or a natural person having substantial control over an enterprise who knowingly and willfully engages in conduct prohibited by this chapter shall be guilty of a serious misdemeanor. 2. A person having substantial control over an enterprise who knowingly and willfully …

The bringing of suit to assess a civil penalty against a person by filing a petition shall be an election of remedies to not bring a criminal prosecution against this person. The bringing of a criminal prosecution against a person by filing an information or returning an indictme…

1. Suit by the state to assess a civil penalty or to obtain a criminal conviction under this chapter must be commenced within four years after the cause of action accrues or, if there is fraudulent concealment of this cause of action, within four years after the cause of action b…

A final decree or judgment, other than a consent decree or consent judgment entered before trial, in a suit brought by the state is prima facie evidence against the defendant in a suit brought by any person other than the state under section 553.12 as to all matters respecting wh…

A contractor or supplier of goods or services to the state or a governmental agency, and the enterprise for which the illegal action was taken, convicted under this chapter , or convicted under the laws of any other state or the federal government for actions which would constitu…

1. An antitrust fund is created as a separate fund in the state treasury to be administered by the attorney general. Moneys credited to the fund shall include amounts received as a result of a state or federal civil antitrust judgment or settlement which are based on damages sust…

This chapter shall be construed to complement and be harmonized with the applied laws of the United States which have the same or similar purpose as this chapter . This construction shall not be made in such a way as to constitute a delegation of state authority to the federal go…

As used in this chapter unless the context otherwise requires: 1. “Commodity” means tangible or intangible property, real, personal, or mixed. 2. “Enterprise” means a business, commercial or professional entity, including a corporation, partnership, limited partnership, professio…

A contract, combination, or conspiracy between two or more persons shall not restrain or monopolize trade or commerce in a relevant market. [C97, §5060, 5061; S13, §5067-a; C24, 27, 31, 35, 39, § 9906, 9907, 9915; C46, 50, 54, 58, 62, 66, 71, 73, 75, §553.1, 553.2, 553.10; C77, 7…

A person shall not attempt to establish or establish, maintain, or use a monopoly of trade or commerce in a relevant market for the purpose of excluding competition or of controlling, fixing, or maintaining prices. [C97, §5060, 5061; S13, §5067-a; C24, 27, 31, 35, 39, § 9906, 990…

This chapter shall not be construed to prohibit: 1. The activities of any labor organization, individual members of such an organization, or group of such organizations, of any employer or group of employers, or of any groups of employees, if these activities are directed solely …

The attorney general, with such assistance as may be required from time to time of the county attorneys in their respective counties, shall institute all criminal and civil actions and proceedings brought under this Act in the name of the state. [C97, §5067; C24, 27, 31, 35, 39, …

A suit or proceeding brought under this chapter may be brought in the county where the cause of action arose, where any defendant resides or transacts business, or where an act in furtherance of the conduct prohibited by this chapter occurred. [C77, 79, 81, §553.8 ]

1. If the attorney general has reasonable cause to believe that a person has engaged in or is engaging in conduct prohibited by this chapter , the attorney general shall make such investigation as is deemed necessary and may, prior to the commencement of a suit against this perso…

1. Except as otherwise provided in Article 11 of this chapter , this chapter shall take effect and be in force on and after July 4, 1966. It applies to transactions entered into and events occurring after that date. 2. Transactions validly entered into before the effective date s…

Except as provided in section 554.7103 , all Acts and parts of Acts inconsistent with this chapter are hereby repealed. [C66, 71, 73, 75, 77, 79, 81, §554.10103 ] 2009 Acts, ch 133, §171 ; 2015 Acts, ch 29, §101 Referred to in §554.11102

1. The secretary of state and the secretary’s employees or agents are hereby exempted from all personal liability as a result of errors or omissions in the performance of any duty required by the Uniform Commercial Code, as provided in this chapter , except in cases of willful ne…

1. This chapter may be cited as the Uniform Commercial Code. 2. This Article may be cited as Uniform Commercial Code — General Provisions. [C66, 71, 73, 75, 77, 79, 81, §554.1101 ] 2007 Acts, ch 41, §1

This Article applies to a transaction to the extent that it is governed by another Article of this chapter . 2007 Acts, ch 41, §2, 57

1. This chapter must be liberally construed and applied to promote its underlying purposes and policies, which are: a. to simplify, clarify, and modernize the law governing commercial transactions; b. to permit the continued expansion of commercial practices through custom, usage…

This chapter being a general Act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. [C66, 71, 73, 75, 77, 79, 81, §554.1104 ] 2007 Acts, ch 41, §4

If any provision or clause of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the…

In this chapter , unless the statutory context otherwise requires: 1. words in the singular number include the plural, and those in the plural include the singular; and 2. words of any gender also refer to any other gender. 2007 Acts, ch 41, §7, 57

Section captions are parts of this chapter . [C66, 71, 73, 75, 77, 79, 81, §554.1109 ] 2007 Acts, ch 41, §49 CS2007, §554.1107 Referred to in §3.3

This Article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., except that nothing in this Article modifies, limits, or supersedes §7001(c) of that Act or authorizes electronic delivery of any of the n…

The secretary of state shall make and promulgate rules for all filing and indexing pursuant to this chapter and chapter 554B including but not limited to rules on whether statements and documents shall be indexed in real estate records. [C71, 73, 75, 77, 79, 81, §554.1110 ] 2014 …

Division 2 of 1974 Iowa Acts, ch. 1249, §9 to 72 , the Iowa amendments to the Uniform Commercial Code pertaining primarily to security interests, and related amendments, shall become effective at 12:01 a.m. on January 1, 1975. [C75, 77, 79, 81, §554.11101 ] 2009 Acts, ch 41, §163…