reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714A - PAY-PER-CALL SERVICE › Section 714A.2 - Disclosure of charges.

714A.2 Disclosure of charges.
With respect to each pay-per-call service, the call shall contain an introductory disclosure message that specifies clearly, and at the same audio volume of the ensuing program, if the charge for the call is on a flat rate basis, the total charge for the call, or if charged on a per-minute basis, the charge per minute for the call, the charge for each additional minute, and the amount of time necessary to complete the call, and all other fees, and which informs the caller of the option to disconnect the call at the end of the introductory message without incurring a charge. However, an introductory message is not required if the total charge for the call is one dollar or less.
91 Acts, ch 171, §2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714A - PAY-PER-CALL SERVICE › Section 714A.3 - Advertisements.

714A.3 Advertisements.
Advertisements for pay-per-call service shall clearly state if the charge for the service is on a flat rate basis, the total charge for the call or, if charged on a per-minute basis, the charge per minute for the call, the charge for each additional minute, and the amount of time necessary to complete the call. Additionally, if in order to obtain the full advertised services or other merchandise, a caller will be required to make any payments in addition to the cost of the initial call, that fact shall be disclosed, along with the amounts of such additional payments. If the advertisement is oral, all cost information must be disclosed clearly and at the same audio volume of the ensuing program prior to providing the pay-per-call number and each time the number is mentioned.
91 Acts, ch 171, §3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714A - PAY-PER-CALL SERVICE › Section 714A.4 - Billing and collection.

714A.4 Billing and collection.
1. A person shall not bill or collect for a pay-per-call service if such person has actual knowledge of the failure of the pay-per-call service to comply with the requirements of this chapter. A person shall cease billing and collecting for a pay-per-call service which fails to comply with the requirements of this chapter as soon as practicable, but in no event more than thirty days, after acquiring knowledge of the noncompliance. Billing and collection contracts shall contain a provision which refers the pay-per-call service to chapter 714A, which provides for an introductory disclosure message and the requirements for such message.
2. Additionally, a person shall not bill or collect a charge for a pay-per-call service unless the call for which the charge is being made is completed.
91 Acts, ch 171, §4; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714A - PAY-PER-CALL SERVICE › Section 714A.5 - Enforcement.

714A.5 Enforcement.
A violation of this chapter is an unfair or deceptive trade practice and is subject to the provisions of section 714.16, except that the remedies and penalties provided pursuant to that section shall not be applied to a newspaper, magazine, publication, directory, or other print media in which an advertisement appears, or to a radio station, television station, or other electronic media which disseminates the advertisement, and no other penalty or cause of action under this chapter shall accrue against the media in or by which the advertisement appears or is disseminated, where the particular advertisement is not sponsored by the media, unless the media also performs the billing or collecting for the pay-per-call service.
91 Acts, ch 171, §5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714B - PRIZE PROMOTIONS › Section 714B.1 - Definitions.

714B.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Advertisement” means as defined in section 714.16, subsection 1.
2. “Merchandise” means as defined in section 714.16, subsection 1.
3. “Person” means as defined in section 714.16, subsection 1.
4. “Prize” means a gift, award, cash award, or other merchandise of value that is offered or awarded to a person in a real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection process.
5. “Retail value” of a prize means the following:
a. A price at which the sponsor of the prize can substantiate that a substantial number of the items of merchandise have been sold to the public in the year preceding the date of the written prize notice in the regular course of business other than through a prize promotion.
b. No more than one and one-half times the amount the sponsor paid for the prize in a bona fide purchase from an unaffiliated seller, if the sponsor is unable to substantiate a price pursuant to paragraph “a”.
6. “Sponsor” means a person who awards another person a prize or who allows the person to receive, use, compete for, or obtain information about a prize.
94 Acts, ch 1185, §2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714B - PRIZE PROMOTIONS › Section 714B.4 - Prize award required.

714B.4 Prize award required.
A sponsor of a prize who represents to a person that the person has been awarded a prize shall, no later than thirty days after making the representation, provide the person with the prize; with a voucher, certificate, or other document indicating the person’s unconditional right to receive the prize; or with either of the following items as selected by the person:
1. Any other prize listed in the written prize notice that is available and that is of equal or greater value.
2. The retail value of the prize, as stated in the written notice, in the form of cash, a money order, or a certified check.
94 Acts, ch 1185, §5
Referred to in §714B.3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714B - PRIZE PROMOTIONS › Section 714B.5 - Information requested by attorney general.

714B.5 Information requested by attorney general.
A sponsor shall provide, upon the request of the attorney general made within one year after the termination date of the promotion, a record of the names and addresses of all winners of prizes of one hundred dollars or more.
94 Acts, ch 1185, §6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714B - PRIZE PROMOTIONS › Section 714B.6 - Criminal penalties.

714B.6 Criminal penalties.
A person who intentionally violates this chapter is guilty of an aggravated misdemeanor. A person intentionally violates this chapter if the act or acts in violation occur or continue after the attorney general or county attorney has notified the person by certified mail that the person is in violation of this chapter.
94 Acts, ch 1185, §7
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714B - PRIZE PROMOTIONS › Section 714B.8 - Private action.

714B.8 Private action.
In addition to any other remedies, a person suffering pecuniary loss as a result of a violation of this chapter by another person may bring an action against such other person to recover all of the following:
1. The greater of five hundred dollars or twice the amount of the pecuniary loss.
2. Costs and reasonable attorney fees.
94 Acts, ch 1185, §9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714B - PRIZE PROMOTIONS › Section 714B.9 - Compliance with other laws.

714B.9 Compliance with other laws.
This chapter shall not be construed to permit an activity prohibited by section 714.16, or rules adopted pursuant to that section, or by chapter 725, or other applicable law.
94 Acts, ch 1185, §10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714B - PRIZE PROMOTIONS › Section 714B.10 - Exemptions.

714B.10 Exemptions.
This chapter does not apply to the following:
1. Advertising by sponsors registered pursuant to chapter 557B, licensed pursuant to chapter 99B, or regulated pursuant to chapter 99D, 99E, 99F, or 99G.
2. Advertising in connection with the sale or purchase of books, recordings, videocassettes, periodicals, and similar goods through a membership group or club which is regulated by the federal trade commission pursuant to
16 C.F.R. §425.1
, concerning use of negative option plans by sellers in commerce.
3. Advertising in connection with the sale or purchase of goods ordered through a contractual plan or arrangement such as a continuity plan, subscription arrangement, or a single sale or purchase series arrangement under which the seller ships goods to a consumer who has consented in advance to receive the goods and who, after the receipt of the goods, is given an opportunity to examine the goods and to receive a full refund of charges for the goods upon return of the goods undamaged.
4. Advertising in connection with sales by a catalog seller. For purposes of this section, “catalog seller” means a person at least fifty percent of whose annual revenues are derived from the sale of merchandise sold in connection with the distribution of catalogs of at least twenty-four pages, which contain written descriptions or illustrations and sale prices for each item of merchandise and which are distributed in more than one state with a total annual distribution of at least two hundred fifty thousand.
94 Acts, ch 1185, §11; 2003 Acts, ch 178, §116, 121; 2003 Acts, ch 179, §142; 2010 Acts, ch 1061, §81; 2014 Acts, ch 1092, §195; 2019 Acts, ch 132, §39, 45, 46
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714C - VIDEO RENTAL PROPERTY THEFT

CHAPTER 714C VIDEO RENTAL PROPERTY THEFT Repealed by 2000 Acts, ch 1201, §16; see §702.20A, 714.1, 714.6A Thu Dec 29 17:10:39 2022 Iowa Code 2023, Chapter 714C (13, 0)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714D - TELECOMMUNICATIONS SERVICE PROVIDER FRAUD › Section 714D.1 - Legislative intent.

714D.1 Legislative intent.
1. The general assembly finds that customers of telephone services have been subjected to fraud in the sale and advertisement of telephone long distance and local service, as well as other services related to residential and business telephone service. The general assembly further finds that companies acting in a lawful manner have lost customers to companies that obtain customers through fraud and deception.
2. It is the intent of the general assembly to protect telephone service subscribers from fraud and to provide statutory remedies for the victims of fraud in the sale of telecommunications service. It is the intent of the general assembly to provide the attorney general with additional remedies to address the issue of fraud in the sale of telecommunications service. It is further the intent of the general assembly that this chapter does not limit the rights or remedies that are otherwise available to a consumer or the attorney general under any other law.
99 Acts, ch 16, §2; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714D - TELECOMMUNICATIONS SERVICE PROVIDER FRAUD › Section 714D.2 - Definitions.

714D.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Advertisement” means the same as defined in section 714.16, subsection 1.
2. “Consumer” means a person who is not a telecommunications service provider and who uses telecommunications services.
3. “Deception” means the same as defined in section 714.16, subsection 1.
4. “Person” means the same as defined in section 714.16, subsection 1.
5. “Sweepstakes box” means the box or receptacle into which a person may place an entry form or document used to enter a sweepstakes, contest, or drawing of any description, and promotional materials attached to such entry form or document.
6. “Telecommunications Act” means 47 U.S.C. §258, a portion of the federal Telecommunications Act of 1996, relating to changes in telephone service, and including regulations adopted pursuant to that section.
7. “Telecommunications service” means local exchange or long distance telephone service, and any additional service or merchandise for which any charge or assessment appears on a billing statement directed to a person by a provider of local exchange or long distance telephone service, but does not include commercial mobile radio service or charges or assessments imposed on consumers of local exchange or long distance telephone service or on such additional service or merchandise by governmental entities.
8. “Telecommunications service provider” means a person who advertises, sells, leases, or provides telecommunications services to another person.
9. “Unfair practice” means the same as defined in section 714.16, subsection 1, and also means any failure of a person to comply with the Telecommunications Act or with any statute or rule enforced by the utilities board within the utilities division of the department of commerce relating to a telecommunications service selection or change.
99 Acts, ch 16, §3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714D - TELECOMMUNICATIONS SERVICE PROVIDER FRAUD › Section 714D.3 - Unfair and deceptive practices.

714D.3 Unfair and deceptive practices.
The act, use, or employment by a person of deception or an unfair practice in connection with the lease, sale, or advertisement of a telecommunications service or the solicitation of authority to provide or execute a change of a telecommunications service is an unlawful practice.
99 Acts, ch 16, §4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714D - TELECOMMUNICATIONS SERVICE PROVIDER FRAUD › Section 714D.4 - Prohibition of sweepstakes boxes.

714D.4 Prohibition of sweepstakes boxes.
The use of a sweepstakes box by a person to solicit authority to provide or execute a change of a consumer’s telecommunications service is an unlawful practice.
99 Acts, ch 16, §5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714D - TELECOMMUNICATIONS SERVICE PROVIDER FRAUD › Section 714D.5 - Conditions on use of prize promotions to solicit authority to provide or change telecommunications services.

714D.5 Conditions on use of prize promotions to solicit authority to provide or change telecommunications services.
1. It is an unlawful practice for a person to use a form or document which is to be used or intended to be used by another person to enter a sweepstakes, contest, or drawing of any description as written authority to provide or execute a change of a consumer’s telecommunications service.
2. It is an unlawful practice for a person to solicit the lease or sale of or to solicit the authority to provide or execute a change of a telecommunications service to another person through or in conjunction with a sweepstakes, contest, or drawing without clearly, conspicuously, and fully disclosing in all direct mail solicitations to the other person the fact that the sweepstakes, contest, or drawing is intended to solicit authority to provide or execute a change of a telecommunications service. The disclosure required shall include, at a minimum, all of the following:
a. A statement that an acceptance or change of telecommunications service is not required to enter the sweepstakes, contest, or drawing.
b. An alternative means by which a person may enter the sweepstakes, contest, or drawing without accepting or authorizing a change in a telecommunications service.
c. The name and telephone number of the entity soliciting the person to accept or to authorize a change of telecommunications service through the use of or in conjunction with the sweepstakes, contest, or drawing.
d. A brief description of the nature of the telecommunications service for which authorization is sought through the use of or in conjunction with the sweepstakes, contest, or drawing.
99 Acts, ch 16, §6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714D - TELECOMMUNICATIONS SERVICE PROVIDER FRAUD › Section 714D.6 - Private action.

714D.6 Private action.
1. In addition to any other remedy, a consumer may bring an action against a person who commits an unlawful practice under this chapter to recover from the person all of the following:
a. The amount of any moneys or property acquired by the person from the consumer by means of an unlawful practice under this section, or two hundred dollars, whichever is greater.
b. If a court finds that the consumer prevails in the action and that the unlawful practice was an intentional violation of this chapter, five hundred dollars or twice the amount of the consumer’s actual damages, whichever is greater.
c. Costs and reasonable attorney fees.
2. A cause of action under this section shall not apply unless, prior to filing the action, the consumer has submitted a complaint to the utilities board within the utilities division of the department of commerce, the utilities board has failed to resolve the complaint to the consumer’s satisfaction within one hundred twenty days of the date the complaint was submitted, and the consumer dismisses the complaint before the utilities board. The requirement that a consumer complaint be submitted to the utilities board and resolved by the utilities board to the consumer’s satisfaction within one hundred twenty days of filing before the consumer may file an action pursuant to this section shall not apply to an action by the attorney general to recover moneys for the consumer pursuant to section 714D.7 or any other law. A finding by the utilities board that a respondent has complied with rules governing carrier selection procedures adopted by the utilities board shall be an affirmative defense to any claim brought under this section or section 476.103 or 714D.7 that an unauthorized change in service has occurred.
99 Acts, ch 16, §7
Referred to in §714D.7
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714D - TELECOMMUNICATIONS SERVICE PROVIDER FRAUD › Section 714D.7 - Civil enforcement.

714D.7 Civil enforcement.
1. A violation of this chapter or a rule adopted pursuant to this chapter is a violation of section 714.16, subsection 2, paragraph “a”. The remedies and penalties provided by section 714.16, including but not limited to injunctive relief and civil penalties, apply to violations of this chapter.
2. In seeking reimbursement pursuant to section 714.16, subsection 7, from a person who has committed an unlawful practice under this chapter, the attorney general may seek an order from the court that the person pay to the attorney general on behalf of consumers the amounts for which the person would be liable under section 714D.6 for each consumer who has a cause of action pursuant to section 714D.6. Section 714.16, as it relates to consumer reimbursement, applies to amounts recovered by the attorney general as reimbursement under this chapter. However, a consumer who is awarded monetary damages pursuant to section 714D.6 is not eligible for monetary relief under this section for the same unlawful practice.
3. The remedies provided pursuant to this chapter are in addition to any other remedies provided to the state or to a person under other law.
4. The attorney general shall not file a civil enforcement action under this chapter or under section 714.16 against a person for an act which is the subject of an administrative proceeding to impose a civil penalty which has been initiated against the person by the utilities board within the utilities division of the department of commerce. This subsection shall not be construed to limit the authority of the attorney general to file a civil enforcement or other enforcement action against a person for violating a prior agreement entered into by the person with the attorney general or a court order obtained by the attorney general against the person. This subsection shall not be construed to limit the authority of the attorney general to file a civil enforcement or other enforcement action against the person for acts which are not the subject of an administrative proceeding which has been initiated against the person by the utilities board.
99 Acts, ch 16, §8
Referred to in §476.103, 714D.6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714E - FORECLOSURE CONSULTANTS › Section 714E.2 - Foreclosure consultant contract.

714E.2 Foreclosure consultant contract.
1. A foreclosure consultant contract must be in writing and must fully disclose the exact nature of the foreclosure consultant’s services and the total amount and terms of compensation.
2. The following notice, printed in at least fourteen point boldface type and completed with the name of the foreclosure consultant, must be printed immediately above the notice of cancellation statement required pursuant to section 714E.3:
NOTICE REQUIRED BY IOWA LAW
................................ (name) or anyone working for
................................ (name) CANNOT:
(1) Take any money from you or ask you for money until ........................ (name) has completely finished doing everything ........................ (name) said ........................ (name) would do; and
(2) Ask you to sign or have you sign any lien, mortgage, or real estate contract.
3. The contract must be written in the same language as principally used by the foreclosure consultant to describe the foreclosure consultant’s services and to negotiate the contract with the consumer. The contract must be dated and signed by the owner, and must contain in immediate proximity to the space reserved in the contract for the owner’s signature, a conspicuous statement in a size equal to at least ten point boldface type, as follows:
You, the owner, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.
4. The foreclosure consultant shall provide the owner immediately upon execution of the contract with a copy of the contract along with the notice of cancellation required in section 714E.3.
5. The three business days during which the owner may cancel the contract shall not begin to run until the foreclosure consultant has complied with this section and with section 714E.3.
2008 Acts, ch 1125, §2, 19; 2008 Acts, ch 1191, §133
Referred to in §714E.3, 714E.8, 714E.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714E - FORECLOSURE CONSULTANTS › Section 714E.4 - Violations.

714E.4 Violations.
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 or represented the foreclosure consultant would perform.
2. Claim, demand, charge, collect, or receive a fee, interest, or other compensation for any reason which exceeds eight percent per annum of the amount of any loan which the foreclosure consultant may make to the owner. Such a loan must not, as provided in subsection 3, be secured by the residence in foreclosure or any other real or personal property.
3. Take a wage assignment, a lien of any type on real or personal property, or other security to secure the payment of compensation. Any such security is void and unenforceable.
4. Receive consideration from any third party in connection with services rendered to an owner unless the consideration is first fully disclosed to the owner.
5. Acquire an interest, directly or indirectly, or by means of a subsidiary or affiliate in a residence in foreclosure from an owner with whom the foreclosure consultant has contracted.
6. Take a power of attorney from an owner for any purpose, except to inspect documents as provided by law.
7. Induce or attempt to induce an owner to enter into a contract which does not comply in all respects with the requirements of this chapter.
8. Claim, demand, charge, collect, or receive a fee, interest, or other compensation for promising to negotiate a mortgage loan or real estate contract modification, forbearance, repayment plan, or other loss mitigation for the consumer and fail to successfully negotiate such a modification, forbearance, repayment plan, or other loss mitigation.
9. Prohibit the borrower from contacting any lender, servicer, government entity, attorney, counselor, individual, or company that may seek to help the consumer. Any such provision is void and unenforceable.
2008 Acts, ch 1125, §4, 19; 2009 Acts, ch 133, §180
Referred to in §714E.6, 714E.7, 714E.8, 714E.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714E - FORECLOSURE CONSULTANTS › Section 714E.5 - Waiver not allowed.

714E.5 Waiver not allowed.
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, 714E.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714E - FORECLOSURE CONSULTANTS › Section 714E.6 - Remedies.

714E.6 Remedies.
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 against a foreclosure consultant for a violation of this chapter. If the court finds that the foreclosure consultant violated this chapter, the court shall award the owner actual damages, appropriate equitable relief, and the costs of the action, and shall award reasonable fees to the owner’s attorney.
2. The rights and remedies provided in subsection 1 are cumulative to, and not a limitation of, any other rights and remedies provided by law. Any action brought by a person other than the attorney general pursuant to this section must be commenced within four years from the date of the alleged violation.
3. The court may award exemplary damages up to one and one-half times the compensation, fees, and interest charged by the foreclosure consultant if the court finds that the foreclosure consultant violated the provisions of section 714E.4, subsection 1, 2, or 4, and the foreclosure consultant acted in bad faith.
4. Notwithstanding any other provision of this section, an action shall not be brought on the basis of a violation of this chapter, except by an owner against whom the violation was committed or by the attorney general. This limitation does not apply to administrative action by either the attorney general or the superintendent of the banking division of the department of commerce.
2008 Acts, ch 1125, §6, 19
Referred to in §714E.8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714E - FORECLOSURE CONSULTANTS › Section 714E.7 - Criminal penalty.

714E.7 Criminal penalty.
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 or penalties provided.
2008 Acts, ch 1125, §7, 19
Referred to in §714E.8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714E - FORECLOSURE CONSULTANTS › Section 714E.8 - Provisions severable.

714E.8 Provisions severable.
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
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714E - FORECLOSURE CONSULTANTS › Section 714E.9 - Arbitration prohibited.

714E.9 Arbitration prohibited.
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
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714F - FORECLOSURE RECONVEYANCES › Section 714F.2 - Contract requirement — form and language.

714F.2 Contract requirement — form and language.
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 homeowner to negotiate the sale of the residence in foreclosure, and must be fully completed and signed and dated by the foreclosed homeowner and foreclosure purchaser before the execution of any instrument of conveyance of the residence in foreclosure.
2008 Acts, ch 1125, §11, 19
Referred to in §714F.3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714F - FORECLOSURE RECONVEYANCES › Section 714F.3 - Contract terms.

714F.3 Contract terms.
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 total consideration to be given by the foreclosure purchaser in connection with or incident to the sale.
d. A complete description of the terms of payment or other consideration including but not limited to any services of any nature that the foreclosure purchaser represents the foreclosure purchaser will perform for the foreclosed homeowner before or after the sale.
e. The time at which possession is to be transferred to the foreclosure purchaser.
f. A complete description of the terms of any related agreement designed to allow the foreclosed homeowner to remain in the home including but not limited to a rental agreement, repurchase agreement, contract for deed, or lease with option to buy.
g. A notice of cancellation as provided in section 714F.5.
h. The following notice in at least fourteen point boldface type, if the contract is printed or in capital letters if the contract is typed, and completed with the name of the foreclosure purchaser, immediately above the statement required by section 714F.5:
NOTICE REQUIRED BY IOWA LAW
Until your right to cancel this contract has ended, .................................................... (name) or anyone working for ............................................ (name) CANNOT ask you to sign or have you sign any deed or any other document.
2. The contract required by section 714F.2 survives delivery of any instrument of conveyance of the residence in foreclosure, but has no effect on persons other than the parties to the contract.
2008 Acts, ch 1125, §12, 19; 2009 Acts, ch 133, §181
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714F - FORECLOSURE RECONVEYANCES › Section 714F.4 - Contract cancellation.

714F.4 Contract cancellation.
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 chapter or until 8:00 a.m. on the last day of the period during which the foreclosed homeowner has a right of redemption, whichever occurs first.
2. Cancellation occurs when the foreclosed homeowner delivers, by any means, written notice of cancellation, provided that, at a minimum, the contract and the notice of cancellation contains a physical address to which notice of cancellation may be mailed or otherwise delivered. A post office box does not constitute a physical address. A post office box may be designated for delivery by mail only if it is accompanied by a physical address at which the notice could be delivered by a method other than mail. An electronic mail address may be provided in addition to the physical address. If cancellation is mailed, delivery is effective upon mailing. If electronically mailed, cancellation is effective upon transmission.
3. A notice of cancellation given by the foreclosed homeowner need not take the particular form as provided with the contract.
4. Within ten days following receipt of a notice of cancellation given in accordance with this section, the foreclosure purchaser shall return without condition any original contract and any other documents signed by the foreclosed homeowner.
2008 Acts, ch 1125, §13, 19; 2009 Acts, ch 41, §167; 2017 Acts, ch 54, §76
Referred to in §714F.6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714F - FORECLOSURE RECONVEYANCES › Section 714F.5 - Notice of cancellation.

714F.5 Notice of cancellation.
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 follows:
You may cancel this contract for the sale of your house without any penalty or obligation at any time before ........................ (date and time of day)
See the attached notice of cancellation form for an explanation of this right.
The foreclosure purchaser shall accurately enter the date and time of day on which the cancellation right ends.
2. The contract must be accompanied by a completed form in duplicate, captioned “notice of cancellation” in a size equal to a twelve point boldface type if the contract is printed, or in capital letters if the contract is typed, followed by a space in which the foreclosure purchaser shall enter the date on which the foreclosed homeowner executes the contract. This form must be attached to the contract, must be easily detachable, and must contain in type of at least ten points if the contract is printed, or in capital letters if the contract is typed, the following statement written in the same language as used in the contract:
NOTICE OF CANCELLATION
........................
(enter date contract signed)
You may cancel this contract for the sale of your house, without any penalty or obligation, at any time before ............................ (enter date and time of day)
To cancel this transaction, you may use any of the following methods: (1) mail or otherwise deliver a signed and dated copy of this cancellation notice; or (2) e-mail a notice of cancellation to ................................................ (name of purchaser) at .................................................................... (physical address of purchaser’s place of business) ............................................ (e-mail address of foreclosure consultant’s place of business)
Not later than ............................ (enter date and time of day)
I hereby cancel this transaction.
........................
(date)
........................................................
(seller’s signature)
3. The foreclosure purchaser shall provide the foreclosed homeowner with a copy of the contract and the attached notice of cancellation at the time the contract is executed by all parties.
4. The three business days during which the foreclosed homeowner may cancel the contract shall not begin to run until all parties to the contract have executed the contract and the foreclosure purchaser has complied with this section.
2008 Acts, ch 1125, §14, 19
Referred to in §714F.3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714F - FORECLOSURE RECONVEYANCES › Section 714F.6 - Waiver.

714F.6 Waiver.
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 three business days and the shortened cancellation period was not caused by the foreclosure purchaser or an agent of the foreclosure purchaser. A waiver of a foreclosed homeowner’s right to cancel shall be in a handwritten statement signed by all parties holding title to the foreclosed property.
2008 Acts, ch 1125, §15, 19; 2009 Acts, ch 133, §182
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714F - FORECLOSURE RECONVEYANCES › Section 714F.7 - Arbitration prohibited.

714F.7 Arbitration prohibited.
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
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714G - CONSUMER CREDIT SECURITY › Section 714G.2 - Security freeze.

714G.2 Security freeze.
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 identification with the request. Within three business days after receiving the request, the consumer reporting agency shall commence the security freeze. Within three business days after commencing the security freeze, the consumer reporting agency shall send a written confirmation to the consumer of the security freeze, a personal identification number or password, other than the consumer’s social security number, for the consumer to use in authorizing the suspension or removal of the security freeze, including information on how the security freeze may be temporarily suspended.
2. a. If a consumer requests a security freeze from a consumer reporting agency that compiles and maintains files on a nationwide basis, the consumer reporting agency shall identify, to the best of its knowledge, any other consumer reporting agency that compiles and maintains files on consumers on a nationwide basis and inform consumers of appropriate contact information that would permit the consumer to place, lift, or remove a security freeze from such other consumer reporting agency.
b. For purposes of this subsection, “consumer reporting agency that compiles and maintains files on a nationwide basis” means the same as defined in 15 U.S.C. §1681a(p).
2008 Acts, ch 1063, §2; 2018 Acts, ch 1091, §1, 10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714G - CONSUMER CREDIT SECURITY › Section 714G.3 - Temporary suspension.

714G.3 Temporary suspension.
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 requests by first-class mail, telephone, secure internet connection, or other secure electronic contact method designated by the consumer reporting agency. The consumer reporting agency shall comply with the request within three business days after receiving the consumer’s written request, or within fifteen minutes after the consumer’s request is received by the consumer reporting agency through secure internet connection or other secure electronic contact method designated by the consumer reporting agency, or the use of a telephone, during normal business hours. The consumer’s request shall include all of the following:
a. Proper identification.
b. The personal identification number or password provided by the consumer reporting agency.
c. Explicit instructions of the specific time period designated for suspension of the security freeze.
2. A consumer reporting agency need not remove a security freeze within the time frames provided in subsection 1 if the consumer fails to meet the requirements of subsection 1, or the ability of the consumer reporting agency to remove the security freeze within fifteen minutes is prevented by one of the following:
a. An act of God, including a fire, earthquake, hurricane, storm, or similar natural disaster or phenomenon.
b. Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrences.
c. Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption.
d. Governmental action, including emergency orders or regulations, judicial law enforcement action, or similar directives.
e. Regularly scheduled maintenance, during other than normal business hours, of the consumer reporting agency’s systems, or updates to the consumer reporting agency’s systems.
f. Commercially reasonable maintenance of, or repair to, the consumer reporting agency’s systems that is unexpected or unscheduled.
g. Receipt of a removal request outside of normal business hours.
2008 Acts, ch 1063, §3; 2018 Acts, ch 1091, §2, 10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714G - CONSUMER CREDIT SECURITY › Section 714G.4 - Removal.

714G.4 Removal.
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, and the personal identification number or password provided by the consumer reporting agency.
2008 Acts, ch 1063, §4; 2018 Acts, ch 1091, §3, 10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714G - CONSUMER CREDIT SECURITY › Section 714G.5 - Fees prohibited.

714G.5 Fees prohibited.
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
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714G - CONSUMER CREDIT SECURITY › Section 714G.6 - Third parties.

714G.6 Third parties.
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 credit report through a temporary suspension of the security freeze, the third party shall not be given access to the consumer credit report but may treat a credit application as incomplete.
2008 Acts, ch 1063, §6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714G - CONSUMER CREDIT SECURITY › Section 714G.7 - Misrepresentation of fact.

714G.7 Misrepresentation of fact.
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 1063, §7
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714G - CONSUMER CREDIT SECURITY › Section 714G.8 - Exceptions.

714G.8 Exceptions.
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 relationship for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or debt, or extending credit to a consumer with a prior or existing account, contract, or debtor-creditor relationship. “Reviewing the account” includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
2. A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under a temporary suspension for purposes of facilitating the extension of credit or another permissible use.
3. A person acting pursuant to a court order, warrant, or subpoena.
4. Child support enforcement officials when investigating a child support case pursuant to Tit. IV-D or Tit. XIX of the federal Social Security Act.
5. The department of human services or its agents or assignees acting to investigate fraud under the medical assistance program.
6. The department of revenue or local taxing authorities, or any of their agents or assignees, acting to investigate or collect delinquent taxes or assessments, including interest and penalties and unpaid court orders, or to fulfill any of their other statutory or other responsibilities.
7. A person’s use of credit information for prescreening as provided by the federal Fair Credit Reporting Act.
8. A person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed.
9. A consumer reporting agency for the sole purpose of providing a customer with a copy of the consumer credit report upon the consumer’s request.
10. A person’s use of a consumer credit report in connection with the business of insurance.
2008 Acts, ch 1063, §8; 2012 Acts, ch 1023, §85; 2014 Acts, ch 1041, §4, 6
Referred to in §714G.8A
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714G - CONSUMER CREDIT SECURITY › Section 714G.9 - Written confirmation.

714G.9 Written confirmation.
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 change, written confirmation shall be sent to both the new and former addresses. Written confirmation is not required to correct spelling and typographical errors.
2008 Acts, ch 1063, §9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714G - CONSUMER CREDIT SECURITY › Section 714G.10 - Waiver void.

714G.10 Waiver void.
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
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714G - CONSUMER CREDIT SECURITY › Section 714G.11 - Enforcement.

714G.11 Enforcement.
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 this chapter including but not limited to the power to issue subpoenas, adopt rules, and seek injunctive relief and a monetary award for civil penalties, attorney fees, and costs. Additionally, the attorney general may seek and recover the greater of five hundred dollars or actual damages for each customer injured by a violation of this chapter.
2008 Acts, ch 1063, §11
Referred to in §714G.8A
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 714H - CONSUMER FRAUD — PRIVATE ACTIONS › Section 714H.2 - Definitions.

714H.2 Definitions.
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 life, or loss of enjoyment of life.
2. “Advertisement” means the same as defined in section 714.16.
3. “Consumer” means a natural person or the person’s legal representative.
4. “Consumer merchandise” means merchandise offered for sale or lease, or sold or leased, primarily for personal, family, or household purposes.
5. “Deception” means an act or practice that is likely to mislead a substantial number of consumers as to a material fact or facts.
6. “Merchandise” means the same as defined in section 714.16.
7. “Person” means the same as defined in section 714.16.
8. “Sale” means any sale or offer for sale of consumer merchandise for cash or credit.
9. “Unfair practice” means the same as defined in section 714.16.
2009 Acts, ch 167, §2, 9