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Senate File 50 - IntroducedA Bill ForAn Act 1relating to requirements for filters on mobile devices
2activated in the state, providing for civil liability for
3manufacturers of mobile devices for certain violations, and
4including penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 710B.1 Short title.
2This chapter shall be known and may be cited as “Cause of
3Action to Protect Minors from Unfiltered Devices”.
4 Sec. 2. NEW SECTION. 710B.2 Definitions.
5As used in this chapter, unless the context otherwise
6requires:
71. “Activate” means the process of powering on a device and
8associating it with a new user account.
92. “Device” means a tablet or a smart phone sold in this
10state and manufactured on or after January 1, 2024.
113. “Filter” means software installed on a device that is
12capable of preventing the device from accessing or displaying
13material that is harmful to minors through the internet
14or through any applications owned and controlled by the
15manufacturer and installed on the device.
164. “Harmful to minors” means any description or
17representation, in any form, of nudity, sexual conduct,
18sexual excitement, or sadomasochistic abuse that is all of the
19following:
20a. Taken as a whole, appeals to the prurient interest in sex
21of minors.
22b. Is patently offensive to prevailing standards in the
23adult community as a whole with respect to what is suitable
24material for minors.
25c. Taken as a whole, does not have serious literary,
26artistic, political, or scientific value for minors.
275. a. “Manufacturer” means a person that is engaged in the
28business of manufacturing devices and that has a registered
29office and a registered agent that is one of the following:
30(1) An individual who resides in this state and whose
31business office is identical with the registered office.
32(2) A domestic corporation whose business office is
33identical with the registered office.
34(3) A foreign corporation authorized to transact business
35in this state whose business office is identical with the
-1-1registered office.
2b. “Manufacturer” includes a registrant as defined in
3section 548.101.
46. “Minor” means an individual under the age of eighteen who
5is not emancipated, married, or a member of the armed forces of
6the United States.
77. “Smart phone” means an electronic device that combines
8a cell phone with a hand-held computer, typically offering
9internet access, data storage, and text and electronic mail
10capabilities.
118. “Tablet” means a mobile device that is equipped with a
12mobile operating system, touchscreen display, and rechargeable
13battery, and has the ability to support access to a cellular
14network.
15 Sec. 3. NEW SECTION. 710B.3 Required filter.
16A manufacturer shall manufacture devices that when such
17a device is activated in this state the device automatically
18enables a filter that does all of the following:
191. Prevents a user of the device from accessing or
20downloading material that is harmful to minors on any of the
21following:
22a. A mobile data network.
23b. An application owned and controlled by the manufacturer
24that is installed on the device.
25c. A wired or wireless internet network.
262. Notifies the user of the device if the filter blocks the
27device from downloading an application or accessing a website.
283. Provides a user of the device who has a passcode the
29ability to unblock a filtered application or internet site.
304. Reasonably precludes a user other than a user with a
31passcode the ability to deactivate, modify, or uninstall the
32filter.
33 Sec. 4. NEW SECTION. 710B.4 Manufacturer liability.
341. A manufacturer of a device is liable to a minor who
35resides in the state if all of the following occur:
-2- 1a. The device is activated in this state.
2b. Upon activation in the state, the device does not enable
3a filter that complies with section 710B.3.
4c. Using the device, the minor accesses material that is
5harmful to minors.
62. This section shall not be construed to affect any private
7right of action existing under any other law.
83. Notwithstanding subsection 1, this section shall
9not apply to a manufacturer that makes a good-faith effort
10to manufacture a device that upon activation in this state
11automatically enables a generally accepted and commercially
12reasonable method of filtration in accordance with this chapter
13and applicable industry standards.
14 Sec. 5. NEW SECTION. 710B.5 Class actions.
15A class action may be brought under this chapter in
16accordance with the Iowa rules of civil procedure.
17 Sec. 6. NEW SECTION. 710B.6 Civil actions.
181. A court of competent jurisdiction that finds a
19manufacturer liable under section 710B.4 shall enjoin the
20manufacturer from committing further violations and may
21order civil penalties not to exceed five thousand dollars per
22violation, plus filing and attorney fees, in addition to any
23other penalty established by law.
242. a. For purposes of imposing a civil penalty under
25subsection 1, a manufacturer shall be considered to have
26committed a separate violation for each device manufactured on
27or after January 1, 2024, that is activated in the state and
28for which all of the following are true:
29(1) A filter pursuant to section 710B.3 is not enabled.
30(2) A minor encounters material harmful to minors.
31b. Notwithstanding paragraph “a”, the maximum civil penalty
32imposed in a civil action brought under this section shall not
33exceed fifty thousand dollars.
343. a. A plaintiff must prove and a court must find by clear
35and convincing evidence that a manufacturer manufactured a
-3-1device, on or after January 1, 2024, that was activated in this
2state in violation of section 710B.4, subsection 1.
3b. A plaintiff must prove by a preponderance of the evidence
4that a minor accessed material harmful to minors on the device
5referenced in paragraph “a”.
6c. The court shall specify the amount of each of the
7following for each violation for which a manufacturer is found
8liable:
9(1) The civil penalty.
10(2) The court costs.
11(3) Reasonable attorney fees.
12d. In determining the civil penalty for a violation of this
13chapter the court shall consider all of the following:
14(1) The nature and extent of the violation.
15(2) The severity of the violation.
16(3) The potential economic effect of the civil penalty on
17the manufacturer.
18(4) The good-faith measures the manufacturer took to comply
19with this chapter.
20(5) The willfulness of the manufacturer’s misconduct.
21(6) The deterrent effect that the imposition of the
22civil penalty will have on both the manufacturer and other
23manufacturers that are subject to this chapter.
24(7) Any other factors that the court deems appropriate.
25e. The attorney general may bring a civil action under this
26chapter in the name of the people of this state.
27f. A private individual may file a civil action under this
28chapter to establish a manufacturer’s liability under section
29710B.4 after the requirements of paragraphs “g”, ”h”, and
30“i”, and all of the following prerequisite requirements, are
31satisfied:
32(1) The individual has served on the manufacturer and the
33attorney general’s office a notice of an alleged violation of
34section 710B.3.
35(2) Within forty-five days after the date on which the
-4-1attorney general receives the notice of an alleged violation
2under subparagraph (1), the attorney general has not provided
3a letter to the noticing party that indicates any of the
4following:
5(a) An action is currently being pursued or will be pursued
6by the attorney general regarding the alleged violation.
7(b) The attorney general has determined that there is no
8merit to the action.
9(3) The manufacturer has not responded to the notice of
10alleged violation, or returned the certification of compliance
11served on the manufacturer pursuant to paragraph “i”.
12g. (1) The attorney for the noticing party, or the noticing
13party if the noticing party is not represented by an attorney,
14shall execute the notice of an alleged violation.
15(2) The notice of an alleged violation shall do all of the
16following:
17(a) State that the individual executing the notice believes
18in good faith that the manufacturer has committed a violation.
19(b) Provide factual information sufficient to establish the
20noticing party’s basis for asserting that the manufacturer has
21committed the alleged violation.
22h. (1) The attorney general shall review the notice of an
23alleged violation and may confer with the noticing party.
24(2) The attorney general shall provide, within forty-five
25calendar days after the date on which the attorney general
26receives the notice of an alleged violation, a letter to the
27noticing party and to the manufacturer that states whether the
28attorney general finds merit in the action.
29i. (1) An individual who serves a notice of an alleged
30violation described in paragraph “g” shall complete and serve on
31the manufacturer simultaneously with the notice of the alleged
32violation, a notice of special compliance procedure and proof
33of compliance form pursuant to paragraph “j”.
34(2) The individual may file a civil action against the
35manufacturer, or recover from the manufacturer, if all of the
-5-1following requirements are satisfied:
2(a) The notice of alleged violation alleges that the
3manufacturer failed to manufacture a device that when activated
4in this state automatically enabled a filter as required under
5section 710B.3.
6(b) A minor encountered material harmful to minors on the
7device.
8(c) Within sixty calendar days after the date on which the
9manufacturer receives the notice of the alleged violation, the
10manufacturer has failed to do all of the following:
11(i) Correct the alleged violation and all similar
12violations known to the manufacturer.
13(ii) Agree to pay a penalty to the noticing party for the
14alleged violation in the amount of ten dollars per violation,
15up to a maximum of five hundred dollars, regardless of the
16number of separate violations alleged in the notice. The
17manufacturer shall deliver the penalty to the noticing
18party within sixty calendar days after the date on which the
19manufacturer receives notice of the alleged violation.
20(iii) Notify the noticing party and the attorney general’s
21office in writing that the violation has been corrected. The
22notice must be the notice of special compliance procedure and
23proof of compliance form specified in paragraph “k”.
24j. The notice required to be provided to a manufacturer
25pursuant to paragraph “i” shall be presented as follows:
26Date.
27Name of the noticing party or of the attorney for the
28noticing party.
29Address of the noticing party or of the attorney for the
30noticing party.
31Phone number of the noticing party or of the attorney for the
32noticing party.
33SPECIAL COMPLIANCE PROCEDURE
34PROOF OF COMPLIANCE
35You are receiving this form because the noticing party
-6-1listed above has alleged that you are in violation of Iowa Code
2section 710B.3. The noticing party may bring legal proceedings
3against you for the alleged violation checked below if:
4You have not actually taken the corrective steps that you
5certify in this form.
6The noticing party has not received this form at the address
7shown above, accurately completed by you, postmarked within
8fifty calendar days of the date that you receive this notice.
9The noticing party has not received the required ten dollar
10penalty payment for each alleged violation, with a total
11payment not to exceed five hundred dollars regardless of the
12number of separate violations alleged in the notice, at the
13address shown above and postmarked within sixty calendar days
14of the date of that you receive this notice.
15PART 1: TO BE COMPLETED BY THE NOTICING PARTY OR THE
16ATTORNEY FOR THE NOTICING PARTY
17This notice of alleged violation is for failure to provide
18an activated filter to protect minors against exposure to
19materials considered harmful to minors. [Provide a complete
20description of all alleged violations, including when and where
21observed and the serial numbers of all devices involved.]
22Date.
23Name of the noticing party or of the attorney for the
24noticing party.
25Address of the noticing party or of the attorney for the
26noticing party.
27Phone number of the noticing party or of the attorney for the
28noticing party.
29PART 2: TO BE COMPLETED BY THE MANUFACTURER’S AUTHORIZED
30REPRESENTATIVE
31CERTIFICATION OF COMPLIANCE
32Accurate completion of this form certifies that you have
33corrected the alleged violations listed above and are now in
34compliance with Iowa Code section 710B.3. You must complete
35and submit the form below to the noticing party at the address
-7-1shown above, and mail a copy to the Iowa Attorney General’s
2Office, postmarked within fifty calendar days of the date that
3you received this notice.
4[Name of manufacturer] hereby agrees to pay to the noticing
5party within sixty calendar days of the date that [name of
6manufacturer] received this notice, a penalty of ten dollars
7for each alleged violation and certifies that [name of
8manufacturer] has complied with Iowa Code section 710B.3 by
9(check one of the following):
10[ ] Providing the noticing party shown above with
11information about how to enable a filter on a device that did
12not have a filter automatically enabled upon activation in the
13state.
14[ ] Providing the noticing party shown above with
15information about how to exchange a device that did not have a
16filter automatically enabled upon activation in the state for a
17replacement device of the same model that will automatically
18enable a filter upon activation in the state.
19CERTIFICATION
20All statements on this form, and on any attachments to
21this form, are true, complete, and correct to the best of my
22knowledge and are made in good faith. I have carefully read
23the instructions to complete this form.
24Signature of manufacturer’s authorized representative.
25Date.
26Name and title of manufacturer’s authorized representative.
27k. If a lawsuit is commenced by the plaintiff, the plaintiff
28may include additional violations in the claim if additional
29violations are disclosed during the discovery process.
30l. A manufacturer shall only be required to satisfy the
31requirements applicable to the manufacturer under paragraph “k”
32once per device.
33m. (1) Notwithstanding a manufacturer’s compliance with
34paragraph “i”, the attorney general may file an action under
35paragraph “e”.
-8- 1(2) In a civil action filed under this chapter, the court
2shall reduce the amount of any civil penalty imposed upon a
3manufacturer for a violation of this chapter to reflect any
4payments made by the manufacturer under paragraph “j” for the
5same violation.
6 Sec. 7. NEW SECTION. 710B.7 Penalties.
71. A civil penalty ordered by a court under this chapter
8shall be paid by the manufacturer to the plaintiff as directed
9by the court. The court shall provide a copy of the court order
10to the attorney general’s office.
112. A manufacturer shall pay a penalty paid in accordance
12with the special compliance procedure in section 710B.6,
13subsection 3, paragraph “j”, directly to the noticing party.
143. a. Fifty percent of any penalty paid under this chapter
15shall be deposited by the attorney general’s office into the
16victim compensation fund established in section 915.94. The
17penalty amount upon which the fifty percent is calculated shall
18not include attorney fees or costs awarded by the court.
19b. Within thirty calendar days of the date of the receipt of
20a civil penalty pursuant to subsection 1, the plaintiff shall
21remit the amount required under paragraph “a” and a copy of the
22court order to the attorney general’s office.
23c. Within thirty calendar days of the date of the receipt of
24a penalty pursuant to subsection 2, the noticing party shall
25remit the amount required under paragraph “a” and a copy of the
26special compliance procedure document under section 710B.6,
27subsection 3, paragraph “j”, to the attorney general’s office.
284. The attorney general’s office shall maintain a log of all
29notices of alleged violations to which the attorney general’s
30office did not respond with a letter of merit under section
31710B.6, subsection 3, paragraph “h”, subparagraph (2).
325. a. The attorney general’s office shall maintain a
33record of all documents and payments submitted to the attorney
34general’s office under subsection 3.
35b. The attorney general shall annually report to the
-9-1general assembly in odd-numbered years, beginning in 2025,
2the following information for the immediately preceding two
3consecutive calendar years:
4(1) The number of court orders received by the attorney
5general’s office under subsection 1.
6(2) The number of notices received by the attorney general’s
7office under subsection 4.
8(3) The total dollar amount received by the attorney
9general’s office and deposited into the victim compensation
10fund under subsection 3.
11 Sec. 8. NEW SECTION. 710B.8 Civil penalties — adjustment.
121. Beginning July 1, 2025, and at each subsequent five-year
13interval, the general assembly shall adjust the dollar amount
14of the civil penalty provided in section 710B.6 based on the
15change in the annual consumer price index for the most recent
16five-year period ending on December 31 of the immediately
17preceding calendar year, and rounded to the nearest five-dollar
18increment.
192. The attorney general shall publish the dollar amount of
20the adjusted civil penalty under subsection 1, and the date
21of the next scheduled adjustment, on the attorney general’s
22internet site.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to requirements for filters on mobile
27devices activated in the state, and provides for civil
28liability for manufacturers of mobile devices for certain
29violations.
30“Device” is defined in the bill as a tablet or a smart
31phone sold in Iowa and manufactured on or after January 1,
322024. “Filter” is defined as software installed on a device
33that is capable of preventing the device from accessing or
34displaying material that is harmful to minors through the
35internet, or through any applications owned and controlled by
-10-1the manufacturer and installed on the device. “Manufacturer”,
2“harmful to minors”, and “activate” are also defined in the
3bill.
4The bill requires manufacturers to manufacture devices that
5when activated in this state automatically enable a filter
6that performs the functions detailed in the bill. The bill
7provides that a manufacturer of a device is liable to a minor
8who resides in the state if the device is activated in this
9state and upon activation does not enable a filter and the
10minor uses the device to access material that is harmful to
11minors. Liability does not extend to a manufacturer that
12makes a good-faith effort to manufacture a device that upon
13activation automatically enables a generally accepted and
14commercially reasonable method of filtration in accordance with
15the requirements in the bill, and with applicable industry
16standards.
17The bill provides that a class action may be brought in
18accordance with the Iowa rules of civil procedure. A court of
19competent jurisdiction that finds a manufacturer liable must
20enjoin the manufacturer from committing further violations, and
21may order civil penalties not to exceed $5,000 per violation,
22plus filing fees and reasonable attorney fees, in addition to
23any other penalty available by law. A manufacturer shall be
24considered to have committed a separate violation for each
25device manufactured on or after January 1, 2024. The total
26civil penalty imposed in a civil action cannot exceed $50,000.
27A plaintiff must prove, and a court must find, by clear and
28convincing evidence, that a manufacturer manufactured a device
29in violation of the bill on or after January 1, 2024, and
30prove by a preponderance of the evidence that a minor accessed
31material harmful to minors on such a device. The court must
32specify the amount of the civil penalty, court costs, and
33attorney fees for each violation for which the manufacturer is
34found liable. In determining the civil penalty for a violation
35of the bill, the court must consider the factors as detailed
-11-1in the bill.
2The attorney general may bring a civil action in the name
3of the people of this state, and a private individual may file
4a civil action to establish a manufacturer’s liability, after
5satisfying prerequisite requirements, including a notice to the
6manufacturer to which the manufacturer must respond as detailed
7in the bill. The manufacturer’s response may include a penalty
8paid directly to the noticing party by the manufacturer.
9If a lawsuit is commenced, the plaintiff may include
10additional violations in the claim if additional violations
11are disclosed during the discovery process. A civil penalty
12ordered by a court under the bill must be paid to the plaintiff
13as directed by the court, and the court must provide a copy
14of the order to the office of the attorney general. Fifty
15percent of any penalty paid must be deposited by the office of
16the attorney general in the victim compensation fund (fund)
17established in Code section 915.94. The penalty amount upon
18which the 50 percent is calculated shall not include attorney
19fees or costs awarded by the court. Within 30 calendar days
20of the date of the receipt of a civil penalty ordered by the
21court, the plaintiff must remit 50 percent and a copy of the
22court order to the office of the attorney general. Within 30
23calendar days of the date of the receipt of a penalty paid
24directly to the noticing party by a manufacturer, the noticing
25party must remit 50 percent and specific documentation as
26detailed in the bill to the office of the attorney general.
27The attorney general’s office must maintain a log of all
28notices of alleged violations to which the attorney general’s
29office did not respond with a letter of merit. The office of
30the attorney general must maintain a record of all documents
31and payments submitted to the office of the attorney general
32pursuant to the provisions of the bill. The attorney general
33shall annually report to the general assembly in odd-numbered
34years, beginning in 2025, information as specified in the bill
35for the immediately preceding two consecutive calendar years.
-12- 1Beginning July 1, 2025, and at each subsequent five-year
2interval, the general assembly must adjust the dollar amount
3of the civil penalty provided for in the bill, based on the
4change in the annual consumer price index for the most recent
5five-year period ending on December 31 of the immediately
6preceding calendar year, and rounded to the nearest $5
7increment. The attorney general shall publish the dollar
8amount of the adjusted penalty and the date of the next
9scheduled adjustment on the attorney general’s internet site.
-13-ko/jh
2activated in the state, providing for civil liability for
3manufacturers of mobile devices for certain violations, and
4including penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 710B.1 Short title.
2This chapter shall be known and may be cited as “Cause of
3Action to Protect Minors from Unfiltered Devices”.
4 Sec. 2. NEW SECTION. 710B.2 Definitions.
5As used in this chapter, unless the context otherwise
6requires:
71. “Activate” means the process of powering on a device and
8associating it with a new user account.
92. “Device” means a tablet or a smart phone sold in this
10state and manufactured on or after January 1, 2024.
113. “Filter” means software installed on a device that is
12capable of preventing the device from accessing or displaying
13material that is harmful to minors through the internet
14or through any applications owned and controlled by the
15manufacturer and installed on the device.
164. “Harmful to minors” means any description or
17representation, in any form, of nudity, sexual conduct,
18sexual excitement, or sadomasochistic abuse that is all of the
19following:
20a. Taken as a whole, appeals to the prurient interest in sex
21of minors.
22b. Is patently offensive to prevailing standards in the
23adult community as a whole with respect to what is suitable
24material for minors.
25c. Taken as a whole, does not have serious literary,
26artistic, political, or scientific value for minors.
275. a. “Manufacturer” means a person that is engaged in the
28business of manufacturing devices and that has a registered
29office and a registered agent that is one of the following:
30(1) An individual who resides in this state and whose
31business office is identical with the registered office.
32(2) A domestic corporation whose business office is
33identical with the registered office.
34(3) A foreign corporation authorized to transact business
35in this state whose business office is identical with the
-1-1registered office.
2b. “Manufacturer” includes a registrant as defined in
3section 548.101.
46. “Minor” means an individual under the age of eighteen who
5is not emancipated, married, or a member of the armed forces of
6the United States.
77. “Smart phone” means an electronic device that combines
8a cell phone with a hand-held computer, typically offering
9internet access, data storage, and text and electronic mail
10capabilities.
118. “Tablet” means a mobile device that is equipped with a
12mobile operating system, touchscreen display, and rechargeable
13battery, and has the ability to support access to a cellular
14network.
15 Sec. 3. NEW SECTION. 710B.3 Required filter.
16A manufacturer shall manufacture devices that when such
17a device is activated in this state the device automatically
18enables a filter that does all of the following:
191. Prevents a user of the device from accessing or
20downloading material that is harmful to minors on any of the
21following:
22a. A mobile data network.
23b. An application owned and controlled by the manufacturer
24that is installed on the device.
25c. A wired or wireless internet network.
262. Notifies the user of the device if the filter blocks the
27device from downloading an application or accessing a website.
283. Provides a user of the device who has a passcode the
29ability to unblock a filtered application or internet site.
304. Reasonably precludes a user other than a user with a
31passcode the ability to deactivate, modify, or uninstall the
32filter.
33 Sec. 4. NEW SECTION. 710B.4 Manufacturer liability.
341. A manufacturer of a device is liable to a minor who
35resides in the state if all of the following occur:
-2- 1a. The device is activated in this state.
2b. Upon activation in the state, the device does not enable
3a filter that complies with section 710B.3.
4c. Using the device, the minor accesses material that is
5harmful to minors.
62. This section shall not be construed to affect any private
7right of action existing under any other law.
83. Notwithstanding subsection 1, this section shall
9not apply to a manufacturer that makes a good-faith effort
10to manufacture a device that upon activation in this state
11automatically enables a generally accepted and commercially
12reasonable method of filtration in accordance with this chapter
13and applicable industry standards.
14 Sec. 5. NEW SECTION. 710B.5 Class actions.
15A class action may be brought under this chapter in
16accordance with the Iowa rules of civil procedure.
17 Sec. 6. NEW SECTION. 710B.6 Civil actions.
181. A court of competent jurisdiction that finds a
19manufacturer liable under section 710B.4 shall enjoin the
20manufacturer from committing further violations and may
21order civil penalties not to exceed five thousand dollars per
22violation, plus filing and attorney fees, in addition to any
23other penalty established by law.
242. a. For purposes of imposing a civil penalty under
25subsection 1, a manufacturer shall be considered to have
26committed a separate violation for each device manufactured on
27or after January 1, 2024, that is activated in the state and
28for which all of the following are true:
29(1) A filter pursuant to section 710B.3 is not enabled.
30(2) A minor encounters material harmful to minors.
31b. Notwithstanding paragraph “a”, the maximum civil penalty
32imposed in a civil action brought under this section shall not
33exceed fifty thousand dollars.
343. a. A plaintiff must prove and a court must find by clear
35and convincing evidence that a manufacturer manufactured a
-3-1device, on or after January 1, 2024, that was activated in this
2state in violation of section 710B.4, subsection 1.
3b. A plaintiff must prove by a preponderance of the evidence
4that a minor accessed material harmful to minors on the device
5referenced in paragraph “a”.
6c. The court shall specify the amount of each of the
7following for each violation for which a manufacturer is found
8liable:
9(1) The civil penalty.
10(2) The court costs.
11(3) Reasonable attorney fees.
12d. In determining the civil penalty for a violation of this
13chapter the court shall consider all of the following:
14(1) The nature and extent of the violation.
15(2) The severity of the violation.
16(3) The potential economic effect of the civil penalty on
17the manufacturer.
18(4) The good-faith measures the manufacturer took to comply
19with this chapter.
20(5) The willfulness of the manufacturer’s misconduct.
21(6) The deterrent effect that the imposition of the
22civil penalty will have on both the manufacturer and other
23manufacturers that are subject to this chapter.
24(7) Any other factors that the court deems appropriate.
25e. The attorney general may bring a civil action under this
26chapter in the name of the people of this state.
27f. A private individual may file a civil action under this
28chapter to establish a manufacturer’s liability under section
29710B.4 after the requirements of paragraphs “g”, ”h”, and
30“i”, and all of the following prerequisite requirements, are
31satisfied:
32(1) The individual has served on the manufacturer and the
33attorney general’s office a notice of an alleged violation of
34section 710B.3.
35(2) Within forty-five days after the date on which the
-4-1attorney general receives the notice of an alleged violation
2under subparagraph (1), the attorney general has not provided
3a letter to the noticing party that indicates any of the
4following:
5(a) An action is currently being pursued or will be pursued
6by the attorney general regarding the alleged violation.
7(b) The attorney general has determined that there is no
8merit to the action.
9(3) The manufacturer has not responded to the notice of
10alleged violation, or returned the certification of compliance
11served on the manufacturer pursuant to paragraph “i”.
12g. (1) The attorney for the noticing party, or the noticing
13party if the noticing party is not represented by an attorney,
14shall execute the notice of an alleged violation.
15(2) The notice of an alleged violation shall do all of the
16following:
17(a) State that the individual executing the notice believes
18in good faith that the manufacturer has committed a violation.
19(b) Provide factual information sufficient to establish the
20noticing party’s basis for asserting that the manufacturer has
21committed the alleged violation.
22h. (1) The attorney general shall review the notice of an
23alleged violation and may confer with the noticing party.
24(2) The attorney general shall provide, within forty-five
25calendar days after the date on which the attorney general
26receives the notice of an alleged violation, a letter to the
27noticing party and to the manufacturer that states whether the
28attorney general finds merit in the action.
29i. (1) An individual who serves a notice of an alleged
30violation described in paragraph “g” shall complete and serve on
31the manufacturer simultaneously with the notice of the alleged
32violation, a notice of special compliance procedure and proof
33of compliance form pursuant to paragraph “j”.
34(2) The individual may file a civil action against the
35manufacturer, or recover from the manufacturer, if all of the
-5-1following requirements are satisfied:
2(a) The notice of alleged violation alleges that the
3manufacturer failed to manufacture a device that when activated
4in this state automatically enabled a filter as required under
5section 710B.3.
6(b) A minor encountered material harmful to minors on the
7device.
8(c) Within sixty calendar days after the date on which the
9manufacturer receives the notice of the alleged violation, the
10manufacturer has failed to do all of the following:
11(i) Correct the alleged violation and all similar
12violations known to the manufacturer.
13(ii) Agree to pay a penalty to the noticing party for the
14alleged violation in the amount of ten dollars per violation,
15up to a maximum of five hundred dollars, regardless of the
16number of separate violations alleged in the notice. The
17manufacturer shall deliver the penalty to the noticing
18party within sixty calendar days after the date on which the
19manufacturer receives notice of the alleged violation.
20(iii) Notify the noticing party and the attorney general’s
21office in writing that the violation has been corrected. The
22notice must be the notice of special compliance procedure and
23proof of compliance form specified in paragraph “k”.
24j. The notice required to be provided to a manufacturer
25pursuant to paragraph “i” shall be presented as follows:
26Date.
27Name of the noticing party or of the attorney for the
28noticing party.
29Address of the noticing party or of the attorney for the
30noticing party.
31Phone number of the noticing party or of the attorney for the
32noticing party.
33SPECIAL COMPLIANCE PROCEDURE
34PROOF OF COMPLIANCE
35You are receiving this form because the noticing party
-6-1listed above has alleged that you are in violation of Iowa Code
2section 710B.3. The noticing party may bring legal proceedings
3against you for the alleged violation checked below if:
4You have not actually taken the corrective steps that you
5certify in this form.
6The noticing party has not received this form at the address
7shown above, accurately completed by you, postmarked within
8fifty calendar days of the date that you receive this notice.
9The noticing party has not received the required ten dollar
10penalty payment for each alleged violation, with a total
11payment not to exceed five hundred dollars regardless of the
12number of separate violations alleged in the notice, at the
13address shown above and postmarked within sixty calendar days
14of the date of that you receive this notice.
15PART 1: TO BE COMPLETED BY THE NOTICING PARTY OR THE
16ATTORNEY FOR THE NOTICING PARTY
17This notice of alleged violation is for failure to provide
18an activated filter to protect minors against exposure to
19materials considered harmful to minors. [Provide a complete
20description of all alleged violations, including when and where
21observed and the serial numbers of all devices involved.]
22Date.
23Name of the noticing party or of the attorney for the
24noticing party.
25Address of the noticing party or of the attorney for the
26noticing party.
27Phone number of the noticing party or of the attorney for the
28noticing party.
29PART 2: TO BE COMPLETED BY THE MANUFACTURER’S AUTHORIZED
30REPRESENTATIVE
31CERTIFICATION OF COMPLIANCE
32Accurate completion of this form certifies that you have
33corrected the alleged violations listed above and are now in
34compliance with Iowa Code section 710B.3. You must complete
35and submit the form below to the noticing party at the address
-7-1shown above, and mail a copy to the Iowa Attorney General’s
2Office, postmarked within fifty calendar days of the date that
3you received this notice.
4[Name of manufacturer] hereby agrees to pay to the noticing
5party within sixty calendar days of the date that [name of
6manufacturer] received this notice, a penalty of ten dollars
7for each alleged violation and certifies that [name of
8manufacturer] has complied with Iowa Code section 710B.3 by
9(check one of the following):
10[ ] Providing the noticing party shown above with
11information about how to enable a filter on a device that did
12not have a filter automatically enabled upon activation in the
13state.
14[ ] Providing the noticing party shown above with
15information about how to exchange a device that did not have a
16filter automatically enabled upon activation in the state for a
17replacement device of the same model that will automatically
18enable a filter upon activation in the state.
19CERTIFICATION
20All statements on this form, and on any attachments to
21this form, are true, complete, and correct to the best of my
22knowledge and are made in good faith. I have carefully read
23the instructions to complete this form.
24Signature of manufacturer’s authorized representative.
25Date.
26Name and title of manufacturer’s authorized representative.
27k. If a lawsuit is commenced by the plaintiff, the plaintiff
28may include additional violations in the claim if additional
29violations are disclosed during the discovery process.
30l. A manufacturer shall only be required to satisfy the
31requirements applicable to the manufacturer under paragraph “k”
32once per device.
33m. (1) Notwithstanding a manufacturer’s compliance with
34paragraph “i”, the attorney general may file an action under
35paragraph “e”.
-8- 1(2) In a civil action filed under this chapter, the court
2shall reduce the amount of any civil penalty imposed upon a
3manufacturer for a violation of this chapter to reflect any
4payments made by the manufacturer under paragraph “j” for the
5same violation.
6 Sec. 7. NEW SECTION. 710B.7 Penalties.
71. A civil penalty ordered by a court under this chapter
8shall be paid by the manufacturer to the plaintiff as directed
9by the court. The court shall provide a copy of the court order
10to the attorney general’s office.
112. A manufacturer shall pay a penalty paid in accordance
12with the special compliance procedure in section 710B.6,
13subsection 3, paragraph “j”, directly to the noticing party.
143. a. Fifty percent of any penalty paid under this chapter
15shall be deposited by the attorney general’s office into the
16victim compensation fund established in section 915.94. The
17penalty amount upon which the fifty percent is calculated shall
18not include attorney fees or costs awarded by the court.
19b. Within thirty calendar days of the date of the receipt of
20a civil penalty pursuant to subsection 1, the plaintiff shall
21remit the amount required under paragraph “a” and a copy of the
22court order to the attorney general’s office.
23c. Within thirty calendar days of the date of the receipt of
24a penalty pursuant to subsection 2, the noticing party shall
25remit the amount required under paragraph “a” and a copy of the
26special compliance procedure document under section 710B.6,
27subsection 3, paragraph “j”, to the attorney general’s office.
284. The attorney general’s office shall maintain a log of all
29notices of alleged violations to which the attorney general’s
30office did not respond with a letter of merit under section
31710B.6, subsection 3, paragraph “h”, subparagraph (2).
325. a. The attorney general’s office shall maintain a
33record of all documents and payments submitted to the attorney
34general’s office under subsection 3.
35b. The attorney general shall annually report to the
-9-1general assembly in odd-numbered years, beginning in 2025,
2the following information for the immediately preceding two
3consecutive calendar years:
4(1) The number of court orders received by the attorney
5general’s office under subsection 1.
6(2) The number of notices received by the attorney general’s
7office under subsection 4.
8(3) The total dollar amount received by the attorney
9general’s office and deposited into the victim compensation
10fund under subsection 3.
11 Sec. 8. NEW SECTION. 710B.8 Civil penalties — adjustment.
121. Beginning July 1, 2025, and at each subsequent five-year
13interval, the general assembly shall adjust the dollar amount
14of the civil penalty provided in section 710B.6 based on the
15change in the annual consumer price index for the most recent
16five-year period ending on December 31 of the immediately
17preceding calendar year, and rounded to the nearest five-dollar
18increment.
192. The attorney general shall publish the dollar amount of
20the adjusted civil penalty under subsection 1, and the date
21of the next scheduled adjustment, on the attorney general’s
22internet site.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to requirements for filters on mobile
27devices activated in the state, and provides for civil
28liability for manufacturers of mobile devices for certain
29violations.
30“Device” is defined in the bill as a tablet or a smart
31phone sold in Iowa and manufactured on or after January 1,
322024. “Filter” is defined as software installed on a device
33that is capable of preventing the device from accessing or
34displaying material that is harmful to minors through the
35internet, or through any applications owned and controlled by
-10-1the manufacturer and installed on the device. “Manufacturer”,
2“harmful to minors”, and “activate” are also defined in the
3bill.
4The bill requires manufacturers to manufacture devices that
5when activated in this state automatically enable a filter
6that performs the functions detailed in the bill. The bill
7provides that a manufacturer of a device is liable to a minor
8who resides in the state if the device is activated in this
9state and upon activation does not enable a filter and the
10minor uses the device to access material that is harmful to
11minors. Liability does not extend to a manufacturer that
12makes a good-faith effort to manufacture a device that upon
13activation automatically enables a generally accepted and
14commercially reasonable method of filtration in accordance with
15the requirements in the bill, and with applicable industry
16standards.
17The bill provides that a class action may be brought in
18accordance with the Iowa rules of civil procedure. A court of
19competent jurisdiction that finds a manufacturer liable must
20enjoin the manufacturer from committing further violations, and
21may order civil penalties not to exceed $5,000 per violation,
22plus filing fees and reasonable attorney fees, in addition to
23any other penalty available by law. A manufacturer shall be
24considered to have committed a separate violation for each
25device manufactured on or after January 1, 2024. The total
26civil penalty imposed in a civil action cannot exceed $50,000.
27A plaintiff must prove, and a court must find, by clear and
28convincing evidence, that a manufacturer manufactured a device
29in violation of the bill on or after January 1, 2024, and
30prove by a preponderance of the evidence that a minor accessed
31material harmful to minors on such a device. The court must
32specify the amount of the civil penalty, court costs, and
33attorney fees for each violation for which the manufacturer is
34found liable. In determining the civil penalty for a violation
35of the bill, the court must consider the factors as detailed
-11-1in the bill.
2The attorney general may bring a civil action in the name
3of the people of this state, and a private individual may file
4a civil action to establish a manufacturer’s liability, after
5satisfying prerequisite requirements, including a notice to the
6manufacturer to which the manufacturer must respond as detailed
7in the bill. The manufacturer’s response may include a penalty
8paid directly to the noticing party by the manufacturer.
9If a lawsuit is commenced, the plaintiff may include
10additional violations in the claim if additional violations
11are disclosed during the discovery process. A civil penalty
12ordered by a court under the bill must be paid to the plaintiff
13as directed by the court, and the court must provide a copy
14of the order to the office of the attorney general. Fifty
15percent of any penalty paid must be deposited by the office of
16the attorney general in the victim compensation fund (fund)
17established in Code section 915.94. The penalty amount upon
18which the 50 percent is calculated shall not include attorney
19fees or costs awarded by the court. Within 30 calendar days
20of the date of the receipt of a civil penalty ordered by the
21court, the plaintiff must remit 50 percent and a copy of the
22court order to the office of the attorney general. Within 30
23calendar days of the date of the receipt of a penalty paid
24directly to the noticing party by a manufacturer, the noticing
25party must remit 50 percent and specific documentation as
26detailed in the bill to the office of the attorney general.
27The attorney general’s office must maintain a log of all
28notices of alleged violations to which the attorney general’s
29office did not respond with a letter of merit. The office of
30the attorney general must maintain a record of all documents
31and payments submitted to the office of the attorney general
32pursuant to the provisions of the bill. The attorney general
33shall annually report to the general assembly in odd-numbered
34years, beginning in 2025, information as specified in the bill
35for the immediately preceding two consecutive calendar years.
-12- 1Beginning July 1, 2025, and at each subsequent five-year
2interval, the general assembly must adjust the dollar amount
3of the civil penalty provided for in the bill, based on the
4change in the annual consumer price index for the most recent
5five-year period ending on December 31 of the immediately
6preceding calendar year, and rounded to the nearest $5
7increment. The attorney general shall publish the dollar
8amount of the adjusted penalty and the date of the next
9scheduled adjustment on the attorney general’s internet site.
-13-ko/jh