Iowa: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

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.

714H.5

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.

Actual damages

Recovery for the loss a person actually suffered.

Actual damages means all compensatory damages proximately caused by the prohibited practice or act that are reasonably ascertainable in amount.

714H.2

Actual damages means all compensatory damages proximately caused by the prohibited practice or act that are reasonably ascertainable in amount.

Statutory minimum damages

A stated minimum or fixed amount of damages.

Not found in the statute text reviewed

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

statutory damages up to three times the amount of actual damages may be awarded to a prevailing consumer

714H.5

statutory damages up to three times the amount of actual damages may be awarded to a prevailing consumer

Attorney fees

Rules for recovering the cost of legal representation.

the court shall award to the consumer the costs of the action and to the consumer's attorney reasonable fees

714H.5

the court shall award to the consumer the costs of the action and to the consumer's attorney reasonable fees

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Not found in the statute text reviewed

Class action limits

Restrictions on bringing claims on behalf of a class.

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.

714H.7

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.

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Not found in the statute text reviewed

Time limit for a claim

The period in which an action must be brought.

Two years of the occurrence of the last event giving rise to the cause of action or two years of discovery of the violation, whichever is later.

714H.5

An action pursuant to this chapter must be brought within two years of the occurrence of the last event giving rise to the cause of action

Injunctive relief

Court orders requiring conduct to stop or change.

The court may order such equitable relief as it deems necessary to protect the public from further violations, including temporary and permanent injunctive relief.

714H.5

The court may order such equitable relief as it deems necessary to protect the public from further violations, including temporary and permanent injunctive relief.

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

the court may impose a civil penalty not to exceed forty thousand dollars per violation

714.16

the court may impose a civil penalty not to exceed forty thousand dollars per violation