House Journal: Page 1008: Monday, April 2, 2001
Page 9
1 a violation of this chapter, the attorney general may
2 seek an order from the court that the person pay to
3 the attorney general on behalf of consumers the
4 amounts for which the person would be liable under
5 section 476B.8, subsection 2, for each consumer who
6 has a cause of action pursuant to section 476B.8,
7 subsection 2. Section 714.16, as it relates to
8 consumer reimbursement, shall apply to consumer
9 reimbursement pursuant to this section.
10 Sec. 9. NEW SECTION. 476B.9 PRIVATE CAUSE OF
11 ACTION - DAMAGES AND INJUNCTIVE RELIEF.
12 In addition to any other remedies, a consumer who
13 receives more than one telephone solicitation within
14 any twelve-month period by or on behalf of the same
15 person in violation of any provision of this chapter
16 may bring an action against the person to recover all
17 of the following:
18 1. Preliminary and permanent injunctive relief
19 necessary to protect the public against further
20 violations.
21 2. The greater of actual monetary damages or a sum
22 not less than one hundred dollars but not more than
23 two thousand dollars for each telephone call made in
24 violation of this chapter.
25 3. Costs and reasonable attorney fees.
26 Reimbursement awarded to the attorney general
27 pursuant to section 714.16, subsection 7, on behalf of
28 a plaintiff who has filed an action pursuant to this
29 section concerning the same set of facts shall be
30 deducted from any damages awarded to the plaintiff in
31 an action filed under this section.
32 Sec. 10. NEW SECTION. 476B.10 NOTIFICATION OF
33 RIGHTS.
34 The board shall by rule ensure that
35 telecommunications providers inform their customers of
36 the customers' rights under this chapter. The
37 notification shall be made by at least both of the
38 following:
39 1. Annual inserts in the billing statements mailed
40 to customers.
41 2. Conspicuous publication of the notice in the
42 consumer information pages of the local telephone
43 directories.
44 Sec. 11. Section 476.57, Code 2001, is repealed."
45 2. Title page, by striking lines 1 through 12 and
46 inserting the following: "An Act relating to
47 telemarketing."
48 3. By renumbering as necessary.
© 2001 Cornell College and
League of Women Voters of Iowa
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