Bill Text: IA SF2239 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to telemarketing consumer frauds and modifying civil penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-07 - Subcommittee: Bousselot, Knox, and Webster. S.J. 239. [SF2239 Detail]
Download: Iowa-2023-SF2239-Introduced.html
Senate
File
2239
-
Introduced
SENATE
FILE
2239
BY
WAHLS
A
BILL
FOR
An
Act
relating
to
telemarketing
consumer
frauds
and
modifying
1
civil
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2239
Section
1.
Section
714.16,
subsection
7,
Code
2024,
is
1
amended
to
read
as
follows:
2
7.
a.
A
civil
action
pursuant
to
this
section
shall
be
by
3
equitable
proceedings.
If
it
appears
to
the
attorney
general
4
that
a
person
has
engaged
in,
is
engaging
in,
or
is
about
to
5
engage
in
a
practice
declared
to
be
unlawful
by
this
section
,
6
the
attorney
general
may
seek
and
obtain
in
an
action
in
a
7
district
court
a
temporary
restraining
order,
preliminary
8
injunction,
or
permanent
injunction
prohibiting
the
person
from
9
continuing
the
practice
or
engaging
in
the
practice
or
doing
an
10
act
in
furtherance
of
the
practice.
The
court
may
make
orders
11
or
judgments
as
necessary
to
prevent
the
use
or
employment
by
12
a
person
of
any
prohibited
practices,
or
which
are
necessary
13
to
restore
to
any
person
in
interest
any
moneys
or
property,
14
real
or
personal,
which
have
been
acquired
by
means
of
a
15
practice
declared
to
be
unlawful
by
this
section
,
including
the
16
appointment
of
a
receiver
in
cases
of
substantial
and
willful
17
violation
of
this
section
.
If
a
person
has
acquired
moneys
or
18
property
by
any
means
declared
to
be
unlawful
by
this
section
19
and
if
the
cost
of
administering
reimbursement
outweighs
the
20
benefit
to
consumers
or
consumers
entitled
to
the
reimbursement
21
cannot
be
located
through
reasonable
efforts,
the
court
may
22
order
disgorgement
of
moneys
or
property
acquired
by
the
person
23
by
awarding
the
moneys
or
property
to
the
state
to
be
used
by
24
the
attorney
general
for
the
administration
and
implementation
25
of
this
section
.
Except
in
an
action
for
the
concealment,
26
suppression,
or
omission
of
a
material
fact
with
intent
that
27
others
rely
upon
it,
it
is
not
necessary
in
an
action
for
28
reimbursement
or
an
injunction,
to
allege
or
to
prove
reliance,
29
damages,
intent
to
deceive,
or
that
the
person
who
engaged
30
in
an
unlawful
act
had
knowledge
of
the
falsity
of
the
claim
31
or
ignorance
of
the
truth.
A
claim
for
reimbursement
may
be
32
proved
by
any
competent
evidence,
including
evidence
that
would
33
be
appropriate
in
a
class
action.
34
b.
In
addition
to
the
remedies
otherwise
provided
for
in
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this
subsection
,
the
attorney
general
may
request
and
the
1
court
may
impose
a
civil
penalty
not
to
exceed
forty
thousand
2
dollars
per
violation
against
a
person
found
by
the
court
to
3
have
engaged
in
a
method,
act,
or
practice
declared
unlawful
4
under
this
section
;
provided,
however,
a
course
of
conduct
5
shall
not
be
considered
to
be
separate
and
different
violations
6
merely
because
the
conduct
is
repeated
to
more
than
one
person.
7
Notwithstanding
the
forty
thousand
dollar
civil
penalty,
if
8
the
unfair
practice,
deception,
fraud,
false
pretense,
false
9
promise,
or
misrepresentation
in
violation
of
subsection
2,
10
paragraph
“a”
,
was
made
over
the
telephone,
the
civil
penalty
11
shall
not
exceed
eighty
thousand
dollars
per
violation.
In
12
addition,
on
the
motion
of
the
attorney
general
or
its
own
13
motion,
the
court
may
impose
a
civil
penalty
of
not
more
than
14
five
thousand
dollars
for
each
day
of
intentional
violation
15
of
a
temporary
restraining
order,
preliminary
injunction,
or
16
permanent
injunction
issued
under
authority
of
this
section
.
17
A
penalty
imposed
pursuant
to
this
subsection
is
in
addition
18
to
any
penalty
imposed
pursuant
to
section
537.6113
.
Civil
19
penalties
ordered
pursuant
to
this
subsection
shall
be
paid
to
20
the
treasurer
of
state
to
be
deposited
in
the
general
fund
of
21
the
state.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
telemarketing
consumer
fraud
and
26
modifies
civil
penalties.
27
Under
current
law,
it
is
a
consumer
fraud
for
a
person
to
28
act,
use,
or
employ
an
unfair
practice,
deception,
fraud,
false
29
pretense,
false
promise,
and
misrepresentation
or
concealment,
30
suppression,
and
omission
of
a
material
fact
with
the
intent
31
for
another
person
to
rely
on
the
act
or
omission
in
connection
32
with
a
sale,
lease,
or
advertisement
of
merchandise
or
in
33
the
solicitation
of
contributions
for
a
charitable
purpose
34
regardless
of
whether
the
person
had
been
misled,
deceived,
or
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