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