House Amendment 1145 PAG LIN 1 1 Amend House File 712 as follows: 1 2 #1. Page 1, by striking line 3 and inserting the 1 3 following: <"Private Right of Action for Consumer 1 4 Frauds Act".> 1 5 #2. Page 1, by striking lines 12 and 13 and 1 6 inserting the following: 1 7 <4. "Deception" means an act or practice that is 1 8 likely to mislead a substantial number of consumers as 1 9 to a material fact or facts.> 1 10 #3. Page 1, line 17, by inserting after the word 1 11 <following> the following: <persons, including 1 12 business entities organized under Title XII by those 1 13 persons and the officers, directors, employees, and 1 14 agents of those persons or business entities,>. 1 15 #4. Page 1, by striking lines 21 and 22 and 1 16 inserting the following: 1 17 <c. Financial institutions which includes any bank 1 18 incorporated under the provisions of any state or 1 19 federal law, any savings and loan association or 1 20 savings bank incorporated under the provisions of any 1 21 state or federal law, any credit union organized under 1 22 the provisions of any state or federal law, any 1 23 affiliate or subsidiary of a bank, savings and loan 1 24 association, savings bank, or credit union, and 1 25 industrial loan licensees pursuant to chapter 536A and 1 26 regulated loan licensees pursuant to chapter 536.> 1 27 #5. Page 1, by striking lines 23 through 25. 1 28 #6. Page 1, by striking line 29 and inserting the 1 29 following: <155A, 156, 169, 522B, 542, 542B, 543B, 1 30 544A, or 544B.> 1 31 #7. Page 2, line 2, by inserting after the word 1 32 <in> the following: <a practice the person knows or 1 33 reasonably should know is>. 1 34 #8. Page 2, line 3, by inserting after the word 1 35 <or> the following: <the>. 1 36 #9. Page 2, line 4, by striking the words <or 1 37 the>. 1 38 #10. Page 2, by striking line 6 and inserting the 1 39 following: <upon the unfair practice, deception, 1 40 fraud, false pretense, false promise, 1 41 misrepresentation, concealment, suppression, or 1 42 omission in connection>. 1 43 #11. Page 2, line 9, by inserting after the word 1 44 <purposes.> the following: <For the purposes of this 1 45 chapter, a claimant alleging fraud, false promise, 1 46 false pretense, or misrepresentation must prove that 1 47 the prohibited practice related to a material fact or 1 48 facts. "Solicitation of contributions for charitable 1 49 purposes" does not include solicitations made on 1 50 behalf of a political organization as defined in 2 1 section 13C.1, solicitations made on behalf of a 2 2 religious organization as defined in section 13C.1, 2 3 solicitations made on behalf of a state, regionally, 2 4 or nationally accredited college or university, or 2 5 solicitations made on behalf of a nonprofit foundation 2 6 benefiting a state, regionally, or nationally 2 7 accredited college or university subject to section 2 8 509(a)(1) or 509(a)(3) of the Internal Revenue Code of 2 9 1986.> 2 10 #12. Page 2, by striking lines 31 through 35 and 2 11 inserting the following: <disseminates the 2 12 advertisement.> 2 13 #13. Page 3, by inserting after line 2 the 2 14 following: 2 15 < . Public utilities as defined in section 476.1 2 16 that furnish gas by a piped distribution system or 2 17 electricity to the public for compensation. 2 18 . The provision of cable television service or 2 19 video service pursuant to a franchise under section 2 20 364.2 or 477A.2. 2 21 . The provision of local exchange carrier 2 22 telephone service pursuant to a certificate issued 2 23 under section 476.29. 2 24 . Conduct for which a cause of action is 2 25 available to the consumer based upon negligence, 2 26 product liability, or warranty. 2 27 . Actions alleging bodily injury. 2 28 . Conduct in compliance with the orders or 2 29 rules of, or a statute administered by, a federal, 2 30 state, or local governmental agency. 2 31 . An affirmative act that violates this chapter 2 32 but is specifically required by other applicable law, 2 33 to the extent that the action could not reasonably 2 34 avoid a violation of this chapter. 2 35 . In any action relating to a charitable 2 36 solicitation, an individual who has engaged in the 2 37 charitable solicitation as an unpaid, uncompensated 2 38 volunteer solicitor and who does not receive monetary 2 39 gain of any sort from engaging in the solicitation.> 2 40 #14. Page 3, by striking lines 20 through 22 and 2 41 inserting the following: 2 42 <l. A consumer who reasonably relies on a practice 2 43 prohibited by this chapter and who suffers an 2 44 ascertainable loss of money or property as the result 2 45 of such prohibited practice may bring an action at law 2 46 to recover actual economic damages. An award of 2 47 damages for such a prohibited practice shall not be 2 48 made without proof that the consumer suffered actual 2 49 economic damages. The>. 2 50 #15. Page 3, line 27, by inserting after the word 3 1 <chapter> the following: <and the consumer is awarded 3 2 actual damages>. 3 3 #16. Page 4, line 17, by inserting after the word 3 4 <finds> the following: <by a preponderance of clear, 3 5 convincing, and satisfactory evidence>. 3 6 #17. Page 4, line 18, by inserting after the word 3 7 <willful> the following: <and wanton>. 3 8 #18. Page 4, line 24, by striking the word <five> 3 9 and inserting the following: <two>. 3 10 #19. Page 4, line 25, by striking the word <five> 3 11 and inserting the following: <two>. 3 12 #20. Page 5, by inserting after line 33 the 3 13 following: 3 14 <Sec. . NEW SECTION. 714H.7 CLASS ACTIONS 3 15 BARRED. 3 16 A class action lawsuit alleging violations of this 3 17 chapter shall not be available.> 3 18 #21. By renumbering as necessary. 3 19 3 20 3 21 3 22 STRUYK of Pottawattamie 3 23 HF 712.501 83 3 24 rh/rj/22550 -1-