House File 2590 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HF 2142)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act stating the general assembly's intent regarding a private
  2    cause of action for consumer fraud violations.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5242HV 82
  5 rh/rj/14

PAG LIN



  1  1    Section 1.  PRIVATE CAUSE OF ACTION == CONSUMER FRAUDS ==
  1  2 INTENT.  It is the intent of the general assembly to protect
  1  3 consumers in this state from fraud and to provide statutory
  1  4 remedies for the victims of consumer frauds.
  1  5                           EXPLANATION
  1  6    This bill provides that it is the intent of the general
  1  7 assembly to provide statutory remedies for the victims of
  1  8 consumer frauds.
  1  9    The bill does not apply to certain advertising by a
  1 10 retailer for a product unless the retailer participated in the
  1 11 preparation of the advertisement or knew or should have known
  1 12 that the advertisement was deceptive or misleading, print
  1 13 media in which the advertisement appears or electronic media
  1 14 which disseminates the advertisement if the print or
  1 15 electronic media has no knowledge of the fraudulent intent,
  1 16 design, or purpose of the advertiser at the time the
  1 17 advertisement is accepted, and any advertisement that complies
  1 18 with the statutes, rules, and regulations of the federal trade
  1 19 commission.
  1 20    The bill authorizes the attorney general to oversee private
  1 21 consumer fraud actions, including small claims court actions,
  1 22 by requiring a party filing a petition, counterclaim,
  1 23 cross=petition, or pleading in intervention alleging a
  1 24 violation under the bill to provide a copy of the relevant
  1 25 documents, including judgments and notices of appeal, to the
  1 26 attorney general.  In addition, the attorney general may
  1 27 intervene as a party in a private consumer fraud action at any
  1 28 time, or may be heard in such an action at any time.
  1 29    The bill provides that failure to provide all mailings of
  1 30 petitions, orders, judgments, and notices of appeal to the
  1 31 attorney general shall not be grounds for dismissal, but shall
  1 32 be grounds for a subsequent action by the attorney general to
  1 33 vacate or modify the judgment.
  1 34 LSB 5242HV 82
  1 35 rh/rj/14