2009 Iowa Code
Title 13 - Commerce
Subtitle 3 - Money and Credit
CHAPTER 537 - CONSUMER CREDIT CODE
537.6113 - CIVIL ACTIONS BY ADMINISTRATOR.

        537.6113  CIVIL ACTIONS BY ADMINISTRATOR.
         1.  After demand, the administrator may bring a civil action
      against a person for all amounts of money, other than penalties,
      which a consumer or class of consumers has a right to recover
      explicitly granted by this chapter.  The court shall order amounts
      recovered or recoverable under this subsection to be paid to each
      consumer or set off against the consumer's obligation.  A consumer's
      action, other than a class action, takes precedence over a prior or
      subsequent action by the administrator with respect to the claim of
      that consumer.  A consumer's class action takes precedence over a
      subsequent action by the administrator with respect to claims common
      to both actions but intervention by the administrator is authorized.
      An administrator's action on behalf of a class of consumers takes
      precedence over a consumer's subsequent class action with respect to
      claims common to both actions.  Whenever an action takes precedence
      over another action under this subsection, the latter action may be
      stayed to the extent appropriate while the precedent action is
      pending and dismissed if the precedent action is dismissed with
      prejudice or results in a final judgment granting or denying the
      claim asserted in the precedent action.  A defense available to a
      person in a civil action brought by a consumer is available to the
      person in a civil action brought under this subsection.
         2.  The administrator may bring a civil action against a person to
      recover a civil penalty of no more than five thousand dollars for
      repeatedly and intentionally violating this chapter.  No civil
      penalty pursuant to this subsection may be imposed for violations of
      this chapter occurring more than two years before the action is
      brought or for making unconscionable agreements or engaging in a
      course of fraudulent or unconscionable conduct.
         3.  The administrator may bring a civil action against a person
      for failure to file notification in accordance with the provisions on
      notification in section 537.6202, or to pay fees in accordance with
      the provisions on fees in section 537.6203, to recover the fees the
      defendant has failed to pay plus interest at the rate of seven
      percent per annum and the administrator's reasonable costs in
      bringing the action, and a civil penalty in an amount determined by
      the court not exceeding the greater of three times the amount of fees
      the person has failed to pay or one thousand dollars.  

         [C75, 77, 79, 81, § 537.6113]
         Referred to in § 537.3205, 537.3304, 537.3624, 537.4101, 537.6110,
      537.6115, 537.6203, 714.16