Title XVI, CRIMINAL LAW AND PROCEDURE (Ch. 687 - 916)

1. In addition to any other right under law to rescind a contract, an owner has the right to cancel such a contract until midnight of the third business day after the day on which the owner signs a contract which complies with section 714E.2 . 2. Cancellation occurs when the owne…

It is a violation of this chapter for a foreclosure consultant to do any of the following: 1. Claim, demand, charge, collect, or receive compensation until after the foreclosure consultant has fully performed each and every service the foreclosure consultant contracted to perform…

A waiver by an owner of the provisions of this chapter is void and unenforceable as contrary to public policy. An attempt by a foreclosure consultant to induce an owner to waive the owner’s rights is a violation of this chapter . 2008 Acts, ch 1125, §5, 19 Referred to in §714E.8 …

1. A violation of this chapter is an unlawful practice pursuant to section 714.16 , and all remedies of section 714.16 are available for such an action. A private cause of action brought under this chapter by an owner is in the public interest. An owner may bring an action agains…

A person who commits any violation described in section 714E.4 commits a serious misdemeanor. Prosecution or conviction for a violation described in section 714E.4 shall not bar prosecution or conviction for any other offenses. These penalties are cumulative to any other remedies…

If any provision of sections 714E.2 through 714E.7 and 714E.9 or the application of any of these provisions to any person or circumstance is held to be unconstitutional and void, the remainder of sections 714E.2 through 714E.7 and 714E.9 remains valid. 2008 Acts, ch 1125, §8, 19

A provision in a contract which attempts or purports to require arbitration of a dispute arising under sections 714E.2 through 714E.5 is void at the option of the owner. 2008 Acts, ch 1125, §9, 19 Referred to in §714E.8

As used in this chapter , unless the context otherwise requires: 1. “Business day” means any calendar day except Saturday, Sunday, or a public holiday including a holiday observed on a Monday. 2. “Foreclosed homeowner” means an owner of residential real property, including a cond…

A foreclosure purchaser shall enter into a foreclosure reconveyance in the form of a written contract. The contract must be written in letters of a size equal to at least twelve point boldface type, in the same language principally used by the foreclosure purchaser and foreclosed…

1. A contract required by section 714F.2 must contain the entire agreement of the parties and shall include all the following terms: a. The real name, business address, and the telephone number of the foreclosure purchaser. b. The address of the residence in foreclosure. c. The t…

1. In addition to any other right of rescission, the foreclosed homeowner has the right to cancel any contract with a foreclosure purchaser until midnight of the third business day following the day on which the foreclosed homeowner signs a contract that complies with this chapte…

1. The contract must contain in immediate proximity to the space reserved for the foreclosed homeowner’s signature a conspicuous statement in a size equal to at least fourteen point boldface type if the contract is printed, or in capital letters if the contract is typed, as follo…

A waiver of the provisions of this chapter is void and unenforceable as contrary to public policy, except a consumer may waive the three-day right to cancel provided in section 714F.4 if the property is subject to a foreclosure sale, tax sale, or contract forfeiture within the th…

A provision in a contract which attempts or purports to require arbitration of any dispute arising under this chapter is void at the option of the foreclosed homeowner. 2008 Acts, ch 1125, §16, 19

A foreclosure purchaser shall not do any of the following: 1. Enter into, or attempt to enter into, a foreclosure reconveyance with a foreclosed homeowner unless all of the following apply: a. The foreclosure purchaser verifies and can demonstrate that the foreclosed homeowner ha…

1. Remedies. A violation of this chapter is an unlawful practice pursuant to section 714.16 , and all the remedies of section 714.16 are available for such an action. A private cause of action brought under this chapter by a foreclosed homeowner is in the public interest. A forec…

For the purposes of this chapter , unless the context otherwise requires: 1. “Consumer” means an individual who is a resident of this state sixteen years of age or older who does not otherwise meet the definition of a protected consumer and who is not subject to a protected consu…

A waiver by a consumer of the provisions of this chapter is contrary to public policy and is void and unenforceable. 2008 Acts, ch 1063, §10 Referred to in §714G.8A

A person who violates this chapter violates section 714.16, subsection 2 , paragraph “a” . All powers conferred upon the attorney general to accomplish the objectives and carry out the duties prescribed in section 714.16 are also conferred upon the attorney general to enforce thi…

1. A consumer may submit a written request for a security freeze to a consumer reporting agency by first-class mail, telephone, secure internet connection, or other secure electronic contact method designated by the consumer reporting agency. The consumer must submit proper ident…

1. A consumer may request that a security freeze be temporarily suspended to allow the consumer reporting agency to release the consumer credit report for a specific time period. The consumer reporting agency shall develop procedures to expedite the receipt and processing of requ…

A security freeze remains in effect until the consumer requests that the security freeze be removed. A consumer reporting agency shall remove a security freeze within three business days after receiving a request for removal that includes proper identification of the consumer, an…

A consumer reporting agency shall not charge a fee to a consumer for providing any service pursuant to this chapter , including but not limited to placing, removing, temporarily suspending, or reinstating a security freeze. 2008 Acts, ch 1063, §5 ; 2018 Acts, ch 1091, §4

If a third party requests a consumer credit report that is subject to a security freeze, the consumer reporting agency may advise the third party that a security freeze is in effect. If the consumer does not expressly authorize the third party to have access to the consumer credi…

A consumer reporting agency may suspend or remove a security freeze upon a material misrepresentation of fact by the consumer. However, the consumer reporting agency shall send notice to the consumer in writing prior to suspending or removing the security freeze. 2008 Acts, ch 10…

A security freeze or protected consumer security freeze shall not apply to the following persons or entities: 1. A person or person’s subsidiary, affiliate, agent, or assignee with which the consumer has or prior to assignment had an account, contract, or debtor-creditor relation…

1. A consumer reporting agency shall implement a protected consumer security freeze for a protected consumer if the consumer reporting agency receives a request from the protected consumer’s representative for the placement of the protected consumer security freeze pursuant to th…

After a security freeze is in effect, a consumer reporting agency may post a name, date of birth, social security number, or address change in a consumer credit report provided written confirmation is sent to the consumer within thirty days of posting the change. For an address c…

This chapter shall be known and may be cited as the “Private Right of Action for Consumer Frauds Act” . 2009 Acts, ch 167, §1, 9

1. “Actual damages” means all compensatory damages proximately caused by the prohibited practice or act that are reasonably ascertainable in amount. “Actual damages” does not include damages for bodily injury, pain and suffering, mental distress, or loss of consortium, loss of li…

1. A person shall not engage in a practice or act the person knows or reasonably should know is an unfair practice, deception, fraud, false pretense, or false promise, or the misrepresentation, concealment, suppression, or omission of a material fact, with the intent that others …

1. This chapter shall not apply to any of the following: a. Merchandise offered or provided by any of the following persons, including business entities organized under Title XII by those persons and the officers, directors, employees, and agents of those persons or business enti…

1. A consumer who suffers an ascertainable loss of money or property as the result of a prohibited practice or act in violation of this chapter may bring an action at law to recover actual damages. The court may order such equitable relief as it deems necessary to protect the pub…

1. A party filing a petition, counterclaim, cross-petition, or pleading, or any count thereof, in intervention alleging a violation under this chapter , within seven days following the date of filing such pleading, shall provide a copy to the attorney general and, within seven da…

A class action lawsuit alleging a violation of this chapter shall not be filed with a court unless it has been approved by the attorney general. The attorney general shall approve the filing of a class action lawsuit alleging a violation of this chapter unless the attorney genera…

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

This chapter shall be known and may be cited as the “Fraud in Assisted Reproduction Act” . 2022 Acts, ch 1123, §1

For purposes of this chapter , unless the context otherwise requires: 1. “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse involving medical or scientific intervention. 2. “Donor” means an individual who provides gametes intended for use in…

1. A person shall not engage in a practice or act the person knows or reasonably should have known provides false information to a patient related to an assisted reproduction procedure or treatment including false information relating to any of the following: a. The human reprodu…

1. A cause of action for damages against any person in violation of section 714I.3, subsection 2 , may be brought in accordance with the following: a. (1) (a) By the patient or the spouse of the patient, if the patient conceives and gives birth to a child through assisted reprodu…

It is the intent of the general assembly to protect owners and operators of computers in this state from the use of spyware and malware that is deceptively or surreptitiously installed on the owner’s or the operator’s computer. 2005 Acts, ch 94, §1

1. A person who commits an unlawful act under this subchapter and who causes pecuniary losses involving less than ten thousand dollars to a victim of the unlawful act is guilty of an aggravated misdemeanor. 2. A person who commits an unlawful act under this subchapter and who cau…

For the purpose of determining proper venue, a violation of this subchapter shall be considered to have been committed in any county in which any of the following apply: 1. Where the defendant performed the unlawful act. 2. Where the defendant resides. 3. Where the accessed compu…

This chapter shall be known and may be cited as the “Computer Spyware, Malware, and Ransomware Protection Act” . 2005 Acts, ch 94, §2 ; 2023 Acts, ch 77, §1

For purposes of this chapter , unless the context otherwise requires: 1. “Advertisement” means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an internet site operated for a commercial purpose. 2.…

It is unlawful for a person who is not an owner or operator of a computer to transmit computer software to such computer knowingly or with conscious avoidance of actual knowledge, and to use such software to do any of the following: 1. Modify, through intentionally deceptive mean…