reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XIII - COMMERCE › Chapter 537 - CONSUMER CREDIT CODE › Section 537.6203 - Fees.

537.6203 Fees.
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, lessor, or lender and who is not an assignee shall pay an additional fee at the time and in the manner stated in subsection 1 of ten dollars for each one hundred thousand dollars, or part thereof exceeding ten thousand dollars, of the average unpaid balances, including unpaid scheduled periodic payments under consumer leases, of obligations arising from consumer credit transactions entered into or modified by the person in this state and held on the last day of each calendar month during the preceding calendar year and held either by the seller, lessor, or lender, or by an immediate or remote assignee who has not filed notification. The unpaid balances of assigned obligations held by an assignee who has not filed notifications are presumed to be the unpaid balances of the assigned obligations at the time of their assignment by the seller, lessor, or lender.
3. A person required to file notification who is an assignee shall pay an additional fee at the time and in the manner stated in subsection 1 of ten dollars for each one hundred thousand dollars, or part thereof exceeding ten thousand dollars, of the average unpaid balances including unpaid scheduled periodic payments payable by lessees, of obligations arising from consumer credit transactions entered into or modified in this state, taken by the person by assignment and held by the person on the last day of each calendar month during the preceding calendar year.
4. In addition to the penalties provided by section 537.6113, subsection 3, the administrator may collect a charge, established by rule, not exceeding seventy-five dollars from each person required to pay fees under this section who fails to pay the fees in full within thirty days after they are due.
5. Moneys collected under this section shall be deposited in a consumer credit administration fund in the state treasury and shall be used for the administration of this chapter. The moneys are subject to warrant upon certification of the administrator and are appropriated for these purposes. Notwithstanding section 8.33, the moneys in the fund do not revert at the end of a fiscal period.
[C75, 77, 79, 81, §537.6203]
89 Acts, ch 68, §7; 2007 Acts, ch 22, §98; 2017 Acts, ch 138, §23
Referred to in §537.5301, 537.6113
2023 Iowa Code › Title XIII - COMMERCE › Chapter 537 - CONSUMER CREDIT CODE › Section 537.7102 - Definitions.

537.7102 Definitions.
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. “Debt” means an actual or alleged obligation arising out of a consumer credit transaction, consumer rental purchase agreement, or a transaction which would have been a consumer credit transaction either if a finance charge was made, if the obligation was not payable in installments, if a lease was for a term of four months or less, or if a lease was of an interest in land. A debt includes a check as defined in section 554.3104 given in a transaction in connection with a consumer rental purchase agreement, in a transaction which was a consumer credit sale or in a transaction which would have been a consumer credit sale if credit was granted and if a finance charge was made, or in a transaction regulated under chapter 533D.
4. “Debt collection” means an action, conduct or practice in soliciting debts for collection or in the collection or attempted collection of a debt.
5. “Debt collector” means a person engaging, directly or indirectly, in debt collection, whether for the person, the person’s employer, or others, and includes a person who sells, or offers to sell, forms represented to be a collection system, device, or scheme, intended to be used to collect debts.
6. “Debtor”, for the purposes of this article, means the person obligated.
[C75, 77, 79, 81, §537.7102]
87 Acts, ch 137, §3; 89 Acts, ch 128, §4; 95 Acts, ch 139, §17
Referred to in §80A.1, 85.27, 537.1303, 537.6201, 715C.1
2023 Iowa Code › Title XIII - COMMERCE › Chapter 537 - CONSUMER CREDIT CODE › Section 537.8101 - Provision of credit card number as condition of check cashing or acceptance prohibited.

537.8101 Provision of credit card number as condition of check cashing or acceptance prohibited.
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. Recording of credit card number or expiration date, simple misdemeanor. Recording a credit card number or expiration date, or both, in connection with a sale of goods or services in which the purchaser pays by check or share draft, or in connection with the acceptance of a check or share draft, is a simple misdemeanor.
3. Display without recordation permissible condition. This section does not prohibit a person from requesting a purchaser to display a credit card as indicia of credit worthiness and financial responsibility or as additional identification, but the only information concerning a credit card which may be recorded is the type of credit card so displayed and the issuer of the credit card. This section does not require acceptance of a check or share draft whether or not a credit card is presented.
4. Provision of credit card number or expiration date in lieu of deposit. This section does not prohibit a person from requesting or receiving a credit card number or expiration date and recording the number or date, or both in lieu of a deposit to secure payment in event of default, loss, damage, or other occurrence.
88 Acts, ch 1059, §1, 2
2023 Iowa Code › Title XIII - COMMERCE › Chapter 537A - CONTRACTS › Section 537A.1 - Seals abolished.

537A.1 Seals abolished.
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 respect.
[C51, §974; R60, §1823; C73, §2112; C97, §3068; S13, §3068; C24, 27, 31, 35, 39, §9439; C46, 50, 54, 58, 62, 66, 71, 73, §537.1; C75, 77, 79, 81, §537A.1]
Corporate seals, §490.302, 504.302, 558.2 et seq.
2023 Iowa Code › Title XIII - COMMERCE › Chapter 537A - CONTRACTS › Section 537A.2 - Consideration implied.

537A.2 Consideration implied.
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]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 537A - CONTRACTS › Section 537A.3 - Failure of consideration.

537A.3 Failure of consideration.
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, 54, 58, 62, 66, 71, 73, §537.3; C75, 77, 79, 81, §537A.3]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 537A - CONTRACTS › Section 537A.4 - Gaming contracts void — exceptions.

537A.4 Gaming contracts void — exceptions.
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, are absolutely void and of no effect.
2. This section does not apply to a contract for the operation of or for the sale or rental of equipment for games of skill or games of chance, if both the contract and the games are in compliance with chapter 99B. This section does not apply to wagering under the pari-mutuel method of wagering authorized by chapter 99D. This section does not apply to the sale, purchase, or redemption of a ticket or share in the state lottery in compliance with chapter 99G. This section does not apply to wagering authorized by chapter 99F. This section does not apply to the sale, purchase, or redemption of any ticket or similar gambling device legally purchased in Indian lands within this state.
[C51, §2724; R60, §4366; C73, §4029; C97, §4965; C24, 27, 31, 35, 39, §9442; C46, 50, 54, 58, 62, 66, 71, 73, §537.4; C75, 77, 79, 81, §537A.4]
83 Acts, ch 187, §32; 85 Acts, ch 33, §123; 86 Acts, ch 1125, §4; 88 Acts, ch 1136, §1; 89 Acts, ch 231, §34; 92 Acts, ch 1203, §19; 2003 Acts, ch 178, §115, 121; 2003 Acts, ch 179, §142; 2008 Acts, ch 1031, §58
2023 Iowa Code › Title XIII - COMMERCE › Chapter 537A - CONTRACTS › Section 537A.5 - Indemnity agreements — construction contracts.

537A.5 Indemnity agreements — construction contracts.
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 improvements to real property in this state, including shafts, wells, and structures, whether on ground, above ground, or underground, and includes agreements for architectural services, design services, engineering services, construction services, construction management services, development services, maintenance services, material purchases, equipment rental, and labor. “Construction contract” includes all public, private, foreign, or domestic agreements as described in this subsection other than such public agreements relating to highways, roads, and streets.
2. Except as excluded under subsection 3, a provision in a construction contract that requires one party to the construction contract to indemnify, hold harmless, or defend any other party to the construction contract, including the indemnitee’s employees, consultants, agents, or others for whom the indemnitee is responsible, against liability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act or omission of the indemnitee or of the indemnitee’s employees, consultants, agents, or others for whom the indemnitee is responsible, is void and unenforceable as contrary to public policy.
3. This section does not apply to the indemnification of a surety by a principal on any surety bond, an insurer’s obligation to its insureds under any insurance policy or agreement, a borrower’s obligations to its lender, or any obligation of strict liability otherwise imposed by law.
2011 Acts, ch 33, §1; 2011 Acts, ch 131, §99, 158
2023 Iowa Code › Title XIII - COMMERCE › Chapter 537A - CONTRACTS › Section 537A.6 - In-state construction contracts — Iowa law to govern.

537A.6 In-state construction contracts — Iowa law to govern.
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, design services, development, engineering services, excavation, or any other improvement to real property in this state, including buildings, shafts, wells, and structures, whether on, above, or under real property in this state. “In-state construction contract” does not include any agreement between this state and any other state.
2. A provision of an in-state construction contract is void and unenforceable as contrary to public policy if the provision does any of the following:
a. Makes the in-state construction contract subject to the laws of another state.
b. Requires any litigation, mediation, arbitration, or other dispute resolution proceeding arising from the in-state construction contract to be conducted in another state.
3. The laws of this state shall apply to every in-state construction contract.
4. Any litigation, mediation, arbitration, or other dispute resolution proceeding arising from or relating to an in-state construction contract shall be conducted in this state.
2013 Acts, ch 87, §1, 2
2023 Iowa Code › Title XIII - COMMERCE › Chapter 537B - MOTOR VEHICLE SERVICE TRADE PRACTICES › Section 537B.2 - Definitions.

537B.2 Definitions.
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 section 321.1 which is subject to registration. However, “motor vehicle” does not include a motor vehicle, as defined in section 321.1, with a gross vehicle weight rating of more than twelve thousand pounds.
3. “Supplier” means a person offering to contract for repairs or service upon a motor vehicle. Supplier includes an employee or other representative of the supplier.
90 Acts, ch 1010, §2; 90 Acts, ch 1145, §13; 98 Acts, ch 1100, §75
Referred to in §577.3
2023 Iowa Code › Title XIII - COMMERCE › Chapter 537B - MOTOR VEHICLE SERVICE TRADE PRACTICES › Section 537B.3 - Required trade practices.

537B.3 Required trade practices.
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 consumer at the time of the authorization.
ESTIMATE
You have the right to a written or oral estimate if the expected cost of repairs or service will be more than fifty dollars. Your bill will not be higher than the estimate by more than ten percent unless you approve a higher amount before repairs are finished. Initial your choice:
................................ Written estimate.
................................ Oral estimate.
................................ No estimate.
................................ Call me if repairs and service will be more than $.........................
2. a. The form described in subsection 1, shall at minimum contain the following information:
(1) The date.
(2) The supplier’s name.
(3) The consumer’s name and telephone number.
(4) The reasonably anticipated completion date.
b. If a written estimate is requested, the supplier may write the written estimate on the authorization form or on another form. If the nature of repairs or service is unknown at the time that the estimate is given, the supplier may state an hourly labor charge for the work. If the consumer so requests, a copy of the written estimate shall be provided to the consumer prior to the commencement of any repairs or service.
3. If a consumer orally authorizes repairs or service upon a motor vehicle prior to the commencement of the repairs or service, the supplier shall inform the consumer of the right to receive a written or oral estimate. The supplier shall note the consumer’s response on the form described in subsections 1 and 2. If the consumer requests an estimate, the supplier shall provide the estimate to the consumer prior to commencing the repairs or service.
90 Acts, ch 1010, §3; 2012 Acts, ch 1023, §157
Referred to in §537B.6
2023 Iowa Code › Title XIII - COMMERCE › Chapter 537B - MOTOR VEHICLE SERVICE TRADE PRACTICES › Section 537B.4 - Aftermarket parts.

537B.4 Aftermarket parts.
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 by the original equipment manufacturer of the motor vehicle. Aftermarket crash part does not include replacement glass for the windows, windshield, or backlight of the motor vehicle.
b. “Motor vehicle” means a motor vehicle as defined in section 321.1 which is subject to registration.
c. “Repair facility” means a motor vehicle dealer, garage, body shop, or other person, which undertakes the repair or replacement of those parts of a motor vehicle that generally constitute the exterior of a motor vehicle for a fee.
2. A repair facility shall not use aftermarket crash parts in the repair of a customer’s motor vehicle without disclosing the proposed use of such parts in the estimate of repairs given to the customer prior to the repair of the motor vehicle. The estimate shall be in writing and shall clearly identify each part proposed to be used which is an aftermarket crash part. The following information shall appear in ten point type, or larger, on or attached to the estimate:
This estimate has been prepared based on the use of aftermarket crash parts supplied by a source other than the manufacturer of your motor vehicle. Any warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle.
3. An aftermarket crash part supplied for use in this state after January 1, 1991, shall have affixed or inscribed upon the part the logo or name of its manufacturer. A repair facility installing an aftermarket crash part on a motor vehicle shall install the part so that the manufacturer’s logo or name is visible upon inspection after installation whenever practicable.
4. It is a deceptive act or practice for a repair facility or manufacturer or distributor of aftermarket crash parts to fail to comply with the requirements of this section.
90 Acts, ch 1010, §4; 90 Acts, ch 1145, §14
Referred to in §714.16
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538 - TENDER OF PAYMENT AND PERFORMANCE › Section 538.1 - Demand required.

538.1 Demand required.
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 allowed.
[C51, §959; R60, §1806; C73, §2097; C97, §3056; C24, 27, 31, 35, 39, §9443; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §538.1]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538 - TENDER OF PAYMENT AND PERFORMANCE › Section 538.2 - Tender of labor or property.

538.2 Tender of labor or property.
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 time of performance of the contract, or where any assignee of the contract resides when it becomes due, but if the property in such case is too ponderous to be conveniently transported, or if the payee had no known place of residence within the state at the time of making the contract, or if the assignee of a written contract has no known place of residence within the state at the time of performance, the maker may tender the property at the place where the maker resided at the time of making the contract.
[C51, §960, 961; R60, §1807, 1808; C73, §2098, 2099; C97, §3057; C24, 27, 31, 35, 39, §9444; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §538.2]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538 - TENDER OF PAYMENT AND PERFORMANCE › Section 538.3 - Tender when contract assigned.

538.3 Tender when contract assigned.
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 thereof.
[C51, §962; R60, §1809; C73, §2100; C97, §3058; C24, 27, 31, 35, 39, §9445; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §538.3]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538 - TENDER OF PAYMENT AND PERFORMANCE › Section 538.4 - Effect of tender.

538.4 Effect of tender.
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 requires feeding, or other care, and no person is found to receive it when tendered, the person making the tender shall preserve, feed, or otherwise take care of the same, and shall have a lien thereon for the person’s reasonable expenses and trouble in so doing.
[C51, §963, 964; R60, §1810, 1811; C73, §2101, 2102; C97, §3059; C24, 27, 31, 35, 39, §9446; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §538.4]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538 - TENDER OF PAYMENT AND PERFORMANCE › Section 538.5 - Tender when holder absent from state.

538.5 Tender when holder absent from state.
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 business of the last known holder, and if there be no person there authorized to receive payment and give proper credit therefor, the maker shall be deemed to have tendered payment and interest shall cease on the date of deposit if:
a. The maker deposits the amount due with the clerk of the district court in the county where the maker resided at the time of the making of the instrument, if the maker was then a resident of the state of Iowa, or if the maker was a nonresident of the state of Iowa at the time of making, with the clerk of the district court of Polk county, and
b. (1) The maker files an affidavit with the clerk of the court that the identity or address of the holder is unknown and that the maker has made diligent inquiry to ascertain it, or
(2) The maker within three days gives notice of such deposit by ordinary mail to the holder, if the holder’s identity and address are known.
2. Upon presentment of the instrument by the holder to the clerk, the clerk shall pay the holder of such instrument the funds in the clerk’s hands. If such deposit is in full payment of the instrument the clerk shall deliver the instrument to the maker. If such deposit is a partial payment thereof the clerk shall endorse such payment thereon and return the instrument to the holder.
[C51, §958; R60, §1805; C73, §2103; C97, §3060; C24, 27, 31, 35, 39, §9447; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §538.5]
2012 Acts, ch 1023, §157
Referred to in §602.8102(75)
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538 - TENDER OF PAYMENT AND PERFORMANCE › Section 538.6 - Offer in writing — effect.

538.6 Offer in writing — effect.
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 if the party to whom the tender is made desires an inspection of the instrument or property tendered, other than money, before making the party’s determination, it shall be allowed the party on request.
[C51, §967; R60, §1816; C73, §2105; C97, §3061; C24, 27, 31, 35, 39, §9448; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §538.6]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538 - TENDER OF PAYMENT AND PERFORMANCE › Section 538.7 - Nonacceptance of tender.

538.7 Nonacceptance of tender.
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, and the subject of the tender is not delivered to the accepting party within a reasonable time, the tender shall be of no effect.
[C51, §966; R60, §1815; C73, §2104; C97, §3062; C24, 27, 31, 35, 39, §9449; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §538.7]
Referred to in §538.6
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538 - TENDER OF PAYMENT AND PERFORMANCE › Section 538.8 - Receipt — objection.

538.8 Receipt — objection.
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 property tendered, or the person will be deemed to have waived it.
[C51, §968, 969; R60, §1817, 1818; C73, §2106, 2107; C97, §3063; C24, 27, 31, 35, 39, §9450; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §538.8]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538A - CREDIT SERVICES ORGANIZATIONS › Section 538A.1 - Definitions.

538A.1 Definitions.
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 Act, 15 U.S.C. §1681a(f) as amended through January 1, 1989.
3. “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment offered or granted primarily for personal, family, or household purposes.
89 Acts, ch 183, §1
CS89, §533C.1
C93, §538A.1
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538A - CREDIT SERVICES ORGANIZATIONS › Section 538A.2 - Credit services organization defined — exemptions.

538A.2 Credit services organization defined — exemptions.
1. A credit services organization is a person who, with respect to the extension of credit by others and in return for the payment of money or other valuable consideration, provides, or represents that the person can or will provide, any of the following services:
a. Improving a buyer’s credit record, history, or rating.
b. Providing advice or assistance to a buyer with regard to paragraph “a”.
2. The following are exempt from this chapter:
a. A person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision of this state or the United States, or a lender approved by the United States secretary of housing and urban development for participation in a mortgage insurance program under the National Housing Act, 12 U.S.C. §1701 et seq.
b. A bank or savings and loan association whose deposits or accounts are eligible for insurance by the federal deposit insurance corporation or the federal savings and loan insurance corporation, or successor deposit insurance entities, or a subsidiary of a bank or savings and loan association.
c. A credit union doing business in this state.
d. A nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code, as defined in section 422.3.
e. A person licensed as a real estate broker or salesperson, under section 543B.20, acting within the course and scope of that license.
f. A person licensed to practice as an attorney in this state acting within the course and scope of the person’s practice as an attorney.
g. A broker-dealer registered with the securities and exchange commission or the commodity futures trading commission acting within the course and scope of the regulations of the commission that person is registered with.
h. A consumer reporting agency.
89 Acts, ch 183, §2
CS89, §533C.2
C93, §538A.2
93 Acts, ch 60, §23
Referred to in §538A.13
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538A - CREDIT SERVICES ORGANIZATIONS › Section 538A.3 - Prohibited conduct.

538A.3 Prohibited conduct.
A credit services organization, a salesperson, agent, or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization shall not:
1. Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services the credit services organization has agreed to perform for the buyer, unless the credit services organization has obtained a bond in accordance with section 538A.4 or established and maintained a surety account at a federally insured bank or savings and loan association located in this state in the amount required by section 538A.4, subsection 5.
2. Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public.
3. Make or use a false or misleading representation in the offer or sale of the services of a credit services organization.
4. Engage, directly or indirectly, in a fraudulent or deceptive act, practice, or course of business in connection with the offer or sale of the services of a credit services organization.
89 Acts, ch 183, §3
CS89, §533C.3
C93, §538A.3
Referred to in §538A.4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538A - CREDIT SERVICES ORGANIZATIONS › Section 538A.4 - Bond — surety account.

538A.4 Bond — surety account.
1. This section applies to a credit services organization required by section 538A.3, subsection 1, to obtain a surety bond or establish a surety account.
2. If a bond is obtained, a copy of it shall be filed with the secretary of state. If a surety account is established, notification of the depository, the trustee, and the account number shall be filed with the secretary of state.
3. If a bond is obtained, the bond shall be executed by a surety company authorized to do business in this state, and the bond shall be continuous in nature until canceled by the surety with not less than thirty days’ written notice to both the credit services organization and to the secretary of state. The notice shall indicate the surety’s intent to cancel the bond effective on a date at least thirty days after the date of the notice.
4. The bond or surety account required must be in favor of the state for the benefit of any person who is damaged by a violation of this chapter.
5. A person claiming against the bond or surety account for a violation of this chapter may maintain an action at law against the credit services organization and against the surety or trustee. The surety or trustee is liable only for damages awarded under section 538A.9, subsection 1, and not the punitive damages permitted under that section. The aggregate liability of the surety or trustee to all persons damaged by a credit services organization’s violation of this chapter shall not exceed the amount of the surety account or bond.
6. The bond or the surety account shall be in an amount of at least ten thousand dollars.
7. A depository holding money in a surety account under this chapter shall not convey money in the account to the credit services organization that established the account or a representative of the credit services organization unless the credit services organization or representative presents a statement issued by the secretary of state indicating that section 538A.5, subsection 6, has been satisfied in relation to the account. The secretary of state may conduct investigations and require submission of information as necessary to enforce this subsection.
89 Acts, ch 183, §4
CS89, §533C.4
C93, §538A.4
Referred to in §538A.3, 538A.6
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538A - CREDIT SERVICES ORGANIZATIONS › Section 538A.5 - Registration.

538A.5 Registration.
1. A credit services organization shall file a registration statement with the secretary of state before conducting business in this state. The registration statement must contain both of the following:
a. The name and address of the credit services organization.
b. The name and address of any person who directly or indirectly owns or controls ten percent or more of the outstanding shares of stock in the credit services organization.
2. The registration statement must also contain one of the following:
a. A full and complete disclosure of any litigation or unresolved complaint filed with a governmental authority of this state relating to the operation of the credit services organization.
b. A notarized statement that there has been no litigation or unresolved complaint filed with a governmental authority of this state relating to the operation of the credit services organization.
3. The credit services organization shall update the statement not later than the ninetieth day after the date on which a change in the information required in the statement occurs.
4. A credit services organization registering under this section shall maintain a copy of the registration statement in the files of the credit services organization. The credit services organization shall allow a buyer to inspect the registration statement on request.
5. The secretary of state may charge each credit services organization that files a registration statement with the secretary of state a reasonable fee not to exceed one hundred dollars to cover the cost of filing. The secretary of state shall not require a credit services organization to provide information other than that provided in the registration statement.
6. The bond or surety account shall be maintained until two years after the date that the credit services organization ceases to operate.
89 Acts, ch 183, §5
CS89, §533C.5
C93, §538A.5
Referred to in §538A.4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538A - CREDIT SERVICES ORGANIZATIONS › Section 538A.6 - Disclosure statement.

538A.6 Disclosure statement.
1. Before executing a contract or agreement with a buyer, or receiving money or other valuable consideration, a credit services organization shall provide the buyer with a statement in writing, containing all of the following:
a. A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total cost of the services.
b. A statement explaining the buyer’s rights to proceed against the bond or surety account required by section 538A.4.
c. The name and address of the surety company which issued the bond, or the name and address of the depository and the trustee, and the account number of the surety account.
2. The credit services organization shall maintain on file for a period of two years after the date the statement is provided, an exact copy of the statement, signed by the buyer, acknowledging receipt of the statement.
89 Acts, ch 183, §6
CS89, §533C.6
C93, §538A.6
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538A - CREDIT SERVICES ORGANIZATIONS › Section 538A.7 - Form in terms of contract.

538A.7 Form in terms of contract.
1. A contract between the buyer and a credit services organization for the purchase of the services of the credit services organization must be in writing, dated, signed by the buyer, and must include all of the following:
a. A conspicuous statement in boldface type, in immediate proximity to the space reserved for the signature of the buyer, as follows:
You, the buyer, may cancel this contract at any time before midnight of the third day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.
b. The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to another person.
c. A full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated date by which the services are to be performed or estimated length of time for performing the services.
d. The address of the credit services organization’s principal place of business and the name and address of its agent in the state authorized to receive service of process.
2. The contract must have attached two easily detachable copies of the notice of cancellation. The notice must be in boldface type and in the following form:
NOTICE OF CANCELLATION
You may cancel this contract, without any penalty or obligations, within three days after the date the contract is signed.
If you cancel, any payment made by you under this contract will be returned within ten days after the date of receipt by the seller of your cancellation notice.
To cancel this contract, mail or deliver a signed, dated copy of this cancellation notice or other written notice to: (name of seller) at (address of seller) (place of business) not later than midnight (date).
(Date) ........................
(Purchaser’s signature) ....................................
3. The credit services organization shall give to the buyer a copy of the completed contract and all other documents the credit services organization requires the buyer to sign at the time they are signed.
89 Acts, ch 183, §7
CS89, §533C.7
C93, §538A.7
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538A - CREDIT SERVICES ORGANIZATIONS › Section 538A.8 - Waiver.

538A.8 Waiver.
1. A credit services organization shall not attempt to cause a buyer to waive a right under this chapter.
2. A waiver by a buyer of any part of this chapter is void.
89 Acts, ch 183, §8
CS89, §533C.8
C93, §538A.8
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538A - CREDIT SERVICES ORGANIZATIONS › Section 538A.9 - Action for damages.

538A.9 Action for damages.
1. A buyer injured by a violation of this chapter may bring an action for recovery of damages. The damages awarded shall not be less than the amount paid by the buyer to the credit services organization, plus reasonable attorney’s fees and court costs.
2. The buyer may also be awarded punitive damages.
89 Acts, ch 183, §9
CS89, §533C.9
C93, §538A.9
Referred to in §538A.4, 538A.11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538A - CREDIT SERVICES ORGANIZATIONS › Section 538A.11 - Statute of limitations.

538A.11 Statute of limitations.
1. An action shall not be brought under section 538A.9 after ten years after the date of the execution of the contract for services to which the action relates.
2. An action shall not be brought under section 538A.12 after four years after the date of the execution of the contract for services to which the action relates.
89 Acts, ch 183, §11
CS89, §533C.11
C93, §538A.11
2021 Acts, ch 76, §150
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538A - CREDIT SERVICES ORGANIZATIONS › Section 538A.12 - Criminal penalty.

538A.12 Criminal penalty.
A person who violates a provision of this chapter commits a serious misdemeanor.
89 Acts, ch 183, §12
CS89, §533C.12
C93, §538A.12
Referred to in §538A.11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 538A - CREDIT SERVICES ORGANIZATIONS › Section 538A.13 - Burden of proving exemption.

538A.13 Burden of proving exemption.
In an action under this chapter, the burden of proving an exemption under section 538A.2, subsection 2, is upon the person claiming the exemption.
89 Acts, ch 183, §13
CS89, §533C.13
C93, §538A.13
2023 Iowa Code › Title XIII - COMMERCE › Chapter 539 - ASSIGNMENT OF ACCOUNTS AND NONNEGOTIABLE INSTRUMENTS › Section 539.1 - Assignment of nonnegotiable instruments.

539.1 Assignment of nonnegotiable instruments.
Bonds, due bills, and all instruments by which the maker promises to pay another, without words of negotiability, a sum of money, or by which the maker promises to pay a sum of money in property or labor, or to pay or deliver any property or labor, or acknowledges any money, labor, or property to be due, are assignable by endorsement on the instrument, or by other writing. The assignee, including a person who takes assignment for collection in the regular course of business, has a right of action on them in the assignee’s own name, subject to any defense or counterclaim which the maker or debtor had against an assignor of the instrument before notice of the assignment. In case of conflict between this section and section 554.5112, 554.5113, 554.5114, 554.9404, or 554.9405, section 554.5112, 554.5113, 554.5114, 554.9404, or 554.9405 controls.
[C51, §949; R60, §1796; C73, §2084; C97, §3044; C24, 27, 31, 35, 39, §9451; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §539.1; 82 Acts, ch 1235, §1]
94 Acts, ch 1167, §4; 96 Acts, ch 1026, §17; 2000 Acts, ch 1149, §172, 187
Related provision,
R.C.P. 1.205
2023 Iowa Code › Title XIII - COMMERCE › Chapter 539 - ASSIGNMENT OF ACCOUNTS AND NONNEGOTIABLE INSTRUMENTS › Section 539.2 - Assignment prohibited by instrument.

539.2 Assignment prohibited by instrument.
When by the terms of an instrument its assignment is prohibited, an assignment thereof shall nevertheless be valid, but the maker may make use of any defense or counterclaim against the assignee which the maker may have against any assignor thereof before notice of such assignment is given to the maker in writing. In case of conflict between this section and section 554.5112, 554.5113, 554.5114, 554.9404, or 554.9405, section 554.5112, 554.5113, 554.5114, 554.9404, or 554.9405 controls.
[C51, §951; R60, §1798; C73, §2086; C97, §3046; C24, 27, 31, 35, 39, §9452; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §539.2]
94 Acts, ch 1167, §5, 122; 96 Acts, ch 1026, §18; 2000 Acts, ch 1149, §173, 187
Referred to in §539.3
Related provision,
R.C.P. 1.205
2023 Iowa Code › Title XIII - COMMERCE › Chapter 539 - ASSIGNMENT OF ACCOUNTS AND NONNEGOTIABLE INSTRUMENTS › Section 539.3 - Assignment of open account.

539.3 Assignment of open account.
An open account of sums of money due on contract may be assigned. The assignee, including a person who takes assignment for collection in the regular course of business, has a right of action on the account in the assignee’s own name, subject to the defenses and counterclaims allowed against the instruments mentioned in section 539.2, before notice of the assignment is given to the debtor in writing by the assignee. In case of conflict, uniform commercial code, section 554.9404 or 554.9405, controls.
[C51, §952; R60, §1799; C73, §2087; C97, §3047; S13, §3047; C24, 27, 31, 35, 39, §9453; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §539.3; 82 Acts, ch 1235, §2]
2000 Acts, ch 1149, §174, 187
Related provision,
R.C.P. 1.205
2023 Iowa Code › Title XIII - COMMERCE › Chapter 539 - ASSIGNMENT OF ACCOUNTS AND NONNEGOTIABLE INSTRUMENTS › Section 539.4 - Assignment of wages.

539.4 Assignment of wages.
No sale or assignment, by the head of a family, of wages, whether the same be exempt from execution or not, shall be of any validity whatever unless the same be evidenced by a written instrument, and if married, unless the husband and wife sign and acknowledge the same joint instrument before an officer authorized to take acknowledgments. Provided, however, that no such assignment or order shall be effective or binding upon the employer unless the employer has in writing agreed to accept and pay said assignment or order. This section shall not apply to a wage assignment by an employee to an organization which represents the employee in labor relations with the employee’s employer.
[S13, §3047; C24, 27, 31, 35, 39, §9454; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §539.4]
Referred to in §91A.3, 533.326
2023 Iowa Code › Title XIII - COMMERCE › Chapter 539 - ASSIGNMENT OF ACCOUNTS AND NONNEGOTIABLE INSTRUMENTS › Section 539.5 - Priority.

539.5 Priority.
Assignments of wages shall have priority and precedence in the order in which notice in writing of such assignments shall be given to the employer, and not otherwise.
[S13, §3047; C24, 27, 31, 35, 39, §9455; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §539.5]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 539 - ASSIGNMENT OF ACCOUNTS AND NONNEGOTIABLE INSTRUMENTS › Section 539.6 - Assignor liable.

539.6 Assignor liable.
The assignor of any of the above instruments not negotiable shall be liable to the action of the assignee without notice.
[C51, §956; R60, §1803; C73, §2088; C97, §3048; C24, 27, 31, 35, 39, §9456; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §539.6]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 540 - SURETIES › Section 540.1 - Requiring creditor to sue.

540.1 Requiring creditor to sue.
When any person bound as surety for another for the payment of money, or the performance of any other contract in writing, apprehends that the principal is about to become insolvent or remove permanently from the state without discharging the contract, the surety may, if a cause of action has accrued thereon, by writing, require the creditor to sue upon the same, or permit the surety to commence an action in such creditor’s name and at the surety’s cost.
[C51, §970; R60, §1819; C73, §2108; C97, §3064; C24, 27, 31, 35, 39, §9457; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §540.1]
Order of liability,
R.C.P. 1.956
Right of subrogation, §626.19
2023 Iowa Code › Title XIII - COMMERCE › Chapter 540 - SURETIES › Section 540.2 - Refusal or neglect of creditor.

540.2 Refusal or neglect of creditor.
If the creditor refuses or neglects to bring an action for ten days after request, and does not permit the surety to do so, and to furnish the surety with a true copy of the contract or other writing therefor, and enable the surety to have the use of the original when requisite in such action, the surety shall be discharged.
[C51, §971; R60, §1820; C73, §2109; C97, §3065; C24, 27, 31, 35, 39, §9458; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §540.2]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 540 - SURETIES › Section 540.3 - Suit by surety.

540.3 Suit by surety.
When the surety commences such action, the surety shall give a bond to pay such costs as may be adjudged against the creditor, and the action shall be brought against all the obligors, but those joining in the request to the creditor shall make no defense thereto, but may be heard on the assessment of the damages.
[C51, §972; R60, §1821; C73, §2110; C97, §3066; C24, 27, 31, 35, 39, §9459; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §540.3]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 540 - SURETIES › Section 540.4 - Executor — official bonds.

540.4 Executor — official bonds.
The provisions of this chapter extend to the executor of a deceased surety and holder of the contract, but not to the official bonds of public officers, executors, or guardians.
[C51, §973; R60, §1822; C73, §2111; C97, §3067; C24, 27, 31, 35, 39, §9460; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §540.4]