2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 516D - RENTAL OF MOTOR VEHICLES
516D.7 - PROHIBITIONS.

        516D.7  PROHIBITIONS.
         Unfair or deceptive acts or practices in the advertisement or
      rental of vehicles are prohibited.  Unfair or deceptive acts or
      practices include, but are not limited to, the following:
         1.  A representation connected with the advertisement or rental of
      a vehicle that the purchase of a collision damage waiver is
      mandatory.
         2.  Failure to provide disclosures as required by this chapter.
         3.  Failure to disclose in a manner likely to be noticed and
      comprehended in an advertisement, as defined in section 714.16,
      subsection 1, paragraph "a", the availability of a collision
      damage waiver, and the cost of the waiver.
         4.  Misrepresentation of a customer's need for a collision damage
      waiver, personal accident insurance, or personal effects insurance.
         5.  Misrepresentation of the characteristics or availability of a
      reserved rental vehicle in order to rent a customer a more expensive
      vehicle than the one reserved.
         6.  Failure to provide a vehicle in the class reserved, or, if the
      reserved vehicle is out of stock, failure to provide another vehicle
      in the class reserved or a more expensive vehicle.  A replacement
      vehicle for an out-of-stock reserved vehicle may be provided from the
      stock of the rental company or from another rental company but, in
      any event, must be provided at the rate quoted for the vehicle
      reserved.
         7.  Failure to disclose the following material restrictions, where
      applicable, in response to direct consumer inquiries regarding the
      price of renting a vehicle, when the rental company discloses a
      vehicle rental rate, and at the time the reservation is accepted:
         a.  Specific geographic restrictions and limitations, other
      than travel outside the continental United States.
         b.  Advance reservation and payment requirements.
         c.  The existence of penalties or higher rates that may apply
      for early or late returns.
         d.  Cost of an additional driver fee.
         e.  Credit or cash deposit requirements.
         f.  Extent of liability for damage or loss and price range of
      collision damage waiver.
         g.  Mileage limitations and charges.
         8.  Placement of a block against a customer's credit limit or
      charge against a customer's credit card in the following manner:
         a.  Placing a block or charge against a customer's credit
      limit without disclosing in the rental agreement in a clear and
      conspicuous manner the fact that a block or charge will be placed
      against the customer's credit card, and the amount of the block or
      charge.  Such disclosure shall also be made orally whenever possible.

         b.  Placing a block or charge against a portion or the
      entirety of the credit limit of the card or otherwise placing a block
      or charge against the card in excess of the estimated total daily or
      weekly charges, including taxes and charges of optional services
      accepted by the customer, stated in the rental agreement multiplied
      by the number of days of the estimated rental if rented on a daily
      basis or, if rented on a weekly basis, multiplied by the number of
      weeks of the estimated rental.
         c.  Placing a block or charge against a customer's credit card
      and then failing to clear the unused amount of the block or charge
      against the customer's credit card after the customer returns the
      rental vehicle in the same amount of time, subject to credit card
      company or charge card company availability, as it took the rental
      company to place the block or charge against the customer's card when
      the customer rented the vehicle.
         d.  Placing or threatening to place a block or charge on a
      customer's credit card when seeking to recover any portion of a claim
      arising out of damage to, or loss of use of, the rental vehicle,
      unless, after the rental vehicle is damaged or lost, the rental
      company determines the exact amount of the repair or replacement
      costs and the customer authorizes the charge.
         e.  Charging an amount to a customer's credit card for damage
      to, or loss of use of, a rental vehicle after the customer has left
      the location where the rental vehicle was returned, unless the
      customer has authorized the specific charge, in a specific amount, to
      be charged to the customer's credit card.  This subsection does not
      apply to a block in the amount of one dollar obtained for authorized
      charge amounts.
         9.  Assessment of additional driver fees for licensed drivers who
      are spouses or business associates engaged in business activities
      with the customer to whom the vehicle is rented, other than charges
      for a person who does not satisfy the rental company's minimum age
      requirement, if applicable.  
         Section History: Recent Form
         91 Acts, ch 204, §7

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