Below
are listed some of the consumer protection laws enforced by
the office of the Attorney General of Iowa. Each listing includes
a link to the Code of Iowa. The link will take you to a page
which permits you to choose which year's version of the Code
you would like to use. We suggest that you always use the
most recent version of the Code as it will have the most up
to date version of laws. Once you have selected the version
of the Code you wish to search, simply type in the box for
"Section" the specific section listed below relating
to the law you would like to see and click-on the box labelled
"Get Section." For example, for the Consumer Fraud
Act, link to the Code, click on the most recent year listed,
type in "714.16" in the "Section" box
and then click-on "Get Section." This will take
you to the most recent version of the Consumer Fraud Act.
If you need help using these links, please feel free to E-mail
to iacode@staff.legis.state.ia.us
or call (515) 281-3566, and ask for help using this service.
Iowa
Consumer Fraud Act Code
of Iowa (Iowa Section 714.16) Prohibits unfair
and deceptive trade practices in the sale, lease, or advertisement
of a product or service, and in the solicitation of charitable
contributions. Authorizes the Attorney General to issue subpoenas,
hold hearings, adopt administrative rules, and file lawsuits
to obtain temporary and permanent injunctive relief, consumer
reimbursement, costs and attorney fees, and civil penalties
up to $40,000 per violation.
Additional
Civil Penalty for Consumer Frauds Committed Against the Elderly
Iowa Consumer Fraud Act
Code
of Iowa
(Section 714.16A) Allows the Attorney General to seek an additional
civil penalty of up to $5,000 per violation against those
who commit consumer fraud violations targeted against persons
65 years of age or older.
Business
Opportunity Promotions (Code
of Iowa Chapter 523B) Applies to the
advertising and sale of business opportunities or programs
one may purchase in order to set up one's own business. Complaints
regarding a business opportunity promotion that cost $500
or less are handled by the Attorney General. Complaints regarding
business promotions costing over $500.00 are handled by the
Securities Bureau of the Insurance Division of the Iowa Department
of Commerce, telephone number 515-281-4441.
Buying
Clubs/Membership Sales (Code
of Iowa Chapter 552A) Applies to "buying
clubs" offering plans to the general public entitling
the holder to purchase merchandise, materials, equipment or
services, at a discount, at cost plus percentage, or similar
method.
Car
Rental and Collision Damage Waivers (Code
of Iowa Chapter 516D) Sets standards
regarding rentals of motor vehicles for sixty days or less
and contains certain mandatory disclosures and prohibitions.
Violations are per se violations of the Consumer Fraud Act.
Consumer
Credit Code ("ICCC") (Code
of Iowa Chapter 537) Applies to the solicitation,
inducement, negotiation, collection or enforcement of a consumer
credit transaction that occurs in Iowa or with Iowa consumers.
Among other things, this law requires certain disclosures
to be given whenever a consumer loan is obtained or a product
purchase is financed or is obtained through a loan. Transactions
exceeding $25,000 are exempt.
Credit
Repair (Code
of Iowa Chapter 538A) Applies to companies
claiming to help consumers improve their credit record, history
or rating, or provide advice in this area for a fee.
Debt
Collection Practices Act Code
of Iowa
(Sections 537.7103(1) - 7103(6))(Article 7 of the ICCC) Applies
to a number of illegal and abusive collection tactics, sets
limits on communications about a debt, describes and forbids
fraudulent or misleading collection practices, and limits
the types of charges collectors may assess consumer debtors.
Click here for further information regarding debt collection.
Door-to-Door
Sales (Code
of Iowa Chapter 555A) Applies to the
sale, lease or rental of goods or services of $25.00 or more
at a place other than the seller's regular place of business.
Gives consumers three business days to cancel door-to-door
sales and requires businesses to orally advise consumers of
their right to cancel and give two specific written notices
of the right to cancel. Failure to give the notices allows
the consumer to void the contract, and any financing agreements
made concerning the sale. Violations are per se violations
of the Consumer Fraud Act.
Drugs,
Devices and Cosmetics
(Code
of Iowa Chapter 126) Applies to the
sale of an unapproved new drug and the false advertising of
a drug represented to affect the diagnosis, prevention, or
treatment of diseases. Violations are per se violations of
the Consumer Fraud Act.
Loan
Brokers (Code
of Iowa Chapter 535C) Applies to the
prohibited practice of assessing or collecting a fee to make
a loan or assist a borrower in obtaining a loan, before the
borrower receives the proceeds of the loan. Violations are
per se violations of the Consumer Fraud Act. Certain transactions
are exempt.
Membership
Campgrounds (Code
of Iowa Chapter 557B) Applies to the sale or
advertisement of agreements for the use of a campground for
more than 30 days and paid for by a fee or periodic payment.
Requires membership campgrounds to register with the Attorney
General and pay a fee.
Motor
Vehicle Damage Disclosure Law Code
of Iowa (Section321.69) Requires the seller
of a used car or truck that is less than 10 years old to issue
a written disclosure to be the buyer at or before the time
of sale stating whether the vehicle incurred more than $5,000.00
in damage from an accident while in the seller's ownership,
and whether the seller knows if the vehicle had previously
been titled as salvage, flood, or rebuilt in Iowa or in any
other state. Requires this disclosure to be on the vehicle
title, if available, or on a separate statement. The car cannot
be retitled without the issuance of a damage disclosure statement.
Requires the new title to list cumulative reported dollar
sum of damage reported by all prior owners. Violations of
the law are violations of the Code of Iowa Consumer Fraud
Act, section 714.16. Those who issue false damage disclosure
statements may also be charged criminally.
Motor
Vehicle Lemon Law (Code
of Iowa Chapter 322G) Applies to the
warranty repairs and replacements for motor vehicles which
develop defects within the first two years or 24,000 miles
after being placed in use by the first consumer owner, whichever
expires first. The Attorney General does not handle individual
Lemon Law complaints, but provides helpful information to
consumers. Click here for more information about Iowa's Lemon
Law.
Motor
Vehicle Service Trade Practices (Code
of Iowa Chapter 537B) Applies to all car repairs
done for a fee, including those done by individuals who perform
occasional repairs. Requires the consumer to be told of his
or her right to receive a written or oral estimate for repairs
exceeding $50 and requires that the final charge not exceed
the estimate, with an exception for taxes and for additional,
unforeseen but necessary repairs which exceed the estimate
by up to 10 per cent. Violations are per se violations of
the Consumer Fraud Act.
Pay-Per-Call
Service Act (900#'s) (Code
of Iowa Chapter 714A) Applies to unfair
charges, unfulfilled promises, and deceptive practices involving
900#'s or other pay-per-call phone calls. Violations are per
se violations of the Consumer Fraud Act.
Physical
Exercise Clubs/Health Clubs (Code
of Iowa Chapter 552) Applies to offers of services
or facilities for physical fitness or the well-being of an
individual in return for a fee. Requires certain physical
exercise clubs to register with the Attorney General and pay
an annual fee. Includes requirements for physical exercise
club contracts. Click here to transfer to a web site from
which you can download a physical exercise club registration
form.
Prize
Promotions (Code
of Iowa Chapter 714B) Applies to solicitations,
including but not limited to telemarketing and mail, which
promote a prize. Requires a prize notice to be sent to consumers
before receipt of the solicitation, if the solicitation states
or implies that the consumer must pay something of value in
order to qualify for the prize. Violations are per se violations
of the Consumer Fraud Act.
Professional
Fund Raisers (Code
of Iowa Chapter 13C) Applies to professional
organizations soliciting public donations. Requires that they
register certain information with the Attorney General and
pay a fee. Violations are per se violations of the Consumer
Fraud Act. Click here to transfer to a web site from which
you can download a professional fund raiser registration form.
Click here to be transferred to the web site of the National
Charities Information Bureau for information regarding specific
charities.
Rent
to Own Code
of Iowa (Section 537.3601) Applies to
consumer rental purchases and requires certain disclosures
in rent-to-own contracts.
Transient
Merchant (Code
of Iowa Chapter 9C) Requires sellers
who enter Iowa to temporarily or intermittently sell goods,
wares, or merchandise to obtain a file a bond with the Secretary
of State. The Attorney General can sue to obtain an injunction
against those who fail to file the bond.
Time-Shares
(Code
of Iowa Chapter 557A) Applies to the
use, occupancy or possession of real property which circulates
among purchasers on time-share intervals.
Travel
Agencies (Code
of Iowa Chapter 9D) Requires persons
who market travel promotions in Iowa to register with the
Secretary of State and post a $10,000 bond or alternative
form of financial security, such as a letter of credit. Violations
are per se violations of the Consumer Fraud Act.