House Journal: Page 1269: Tuesday, April 9, 2002
30 calling card company shall provide a refund equal to
31 the value remaining in the account.
32 b. Each company may, but shall not be required to,
33 provide a refund when a card has been lost or stolen.
34 c. Refunds may be cash or replacement service, at
35 the prepaid calling card company's option, but must be
36 made to the consumer within sixty days of the request
37 for a refund by the consumer.
38 7. All cards sold by a prepaid calling card
39 company in Iowa after July 1, 2002, shall comply with
40 this section.
41 Sec. . NEW SECTION. 476B.8 INVESTIGATIONS -
42 CIVIL ACTIONS - CIVIL PENALTY - OTHER REMEDIES.
43 1. A violation of this chapter is a violation of
44 section 714.16, subsection 2, paragraph "a". All the
45 powers conferred upon the attorney general to
46 accomplish the objectives and carry out the duties
47 prescribed pursuant to section 714.16 are also
48 conferred upon the attorney general to enforce this
49 chapter, including, but not limited to, the power to
50 issue subpoenas, adopt rules pursuant to chapter 17A
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1 which shall have the force of law, and seek injunctive
2 relief and civil penalties.
3 2. In seeking reimbursement pursuant to section
4 714.16, subsection 7, from a person who has committed
5 a violation of this chapter, the attorney general may
6 seek an order from the court that the person pay to
7 the attorney general on behalf of consumers the
8 amounts for which the person would be liable under
9 section 476B.9, subsection 2, for each consumer who
10 has a cause of action pursuant to section 476B.9,
11 subsection 2. Section 714.16, as it relates to
12 consumer reimbursement, shall apply to consumer
13 reimbursement pursuant to this section.
14 Sec. . NEW SECTION. 476B.9 PRIVATE CAUSE OF
15 ACTION - DAMAGES AND INJUNCTIVE RELIEF.
16 In addition to any other remedies, a consumer who
17 receives more than one telephone solicitation within
18 any twelve-month period by or on behalf of the same
19 person in violation of any provision of this chapter
20 may bring an action against the person to recover all
21 of the following:
22 1. Preliminary and permanent injunctive relief
23 necessary to protect the public against further
24 violations.
25 2. The greater of actual monetary damages or a sum
26 not less than one hundred dollars but not more than
27 two thousand dollars for each telephone call made in
28 violation of this chapter.
© 2002 Cornell College and
League of Women Voters of Iowa
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