This text of Iowa § 137G.2 (Restaurant and food delivery platform — requirements — penalties) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.A food delivery platform shall be prohibited from all of the following:
a.Usingarestaurant’slikenesswithouttheconsentoftherestaurantownerortheowner’s
designee in a manner that could be reasonably interpreted to falsely suggest sponsorship or
endorsement by the restaurant.
b.Taking and arranging for the delivery or pickup of an order from a restaurant without
the consent of the restaurant owner or the owner’s designee.
c.Intentionally inflating or altering a restaurant’s pricing without the consent of the
restaurant owner or the owner’s designee, except that a food delivery platform may charge
additional fees to the consumer if the fees are noted separately to the consumer.
d.Attempting to charge a restaurant, or expecting the restaurant to pay or absorb any fee,
commission, or charg
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1. A food delivery platform shall be prohibited from all of the following:
a. Usingarestaurant’slikenesswithouttheconsentoftherestaurantownerortheowner’s
designee in a manner that could be reasonably interpreted to falsely suggest sponsorship or
endorsement by the restaurant.
b. Taking and arranging for the delivery or pickup of an order from a restaurant without
the consent of the restaurant owner or the owner’s designee.
c. Intentionally inflating or altering a restaurant’s pricing without the consent of the
restaurant owner or the owner’s designee, except that a food delivery platform may charge
additional fees to the consumer if the fees are noted separately to the consumer.
d. Attempting to charge a restaurant, or expecting the restaurant to pay or absorb any fee,
commission, or charge without the consent of the restaurant owner or the owner’s designee.
2. A food delivery platform shall do all of the following:
a. Clearly provide to the consumer a mechanism to express concerns regarding an order
directly to the food delivery platform.
b. Remove a restaurant from the food delivery platform’s services within ten days
of receiving the restaurant’s request for removal unless an agreement between the food
delivery platform and the restaurant states otherwise.
3. An agreement between a food delivery platform and a restaurant to take and arrange
for the delivery or pickup of orders shall include all of the following:
a. Authorization for the food delivery platform to take and arrange for the delivery and
pickup of orders from the restaurant.
b. Clear identification of any fee, commission, or charge that the restaurant will be
required to pay or absorb.
4. An agreement between a food delivery platform and a restaurant to take and arrange
for the delivery or pickup of orders shall not include provisions, clauses, or covenants that
§137G.2, FOOD DELIVERY PLATFORMS 2
require a restaurant to indemnify a food delivery platform, or any employee, independent
contractor, or agent of the food delivery platform, for any damages or harm caused by the
actions or omissions of the food delivery platform or any employee, independent contractor,
or agent of the food delivery platform.
5. a. A provision of an agreement between a food delivery platform and a restaurant, or
the obtaining of consent, that is contrary to this chapter is void and unenforceable.
b. An aggrieved restaurant or the attorney general may seek judicial enforcement of the
requirements of this chapter in an action brought against a food delivery platform in the
county in which the violation occurred. The following civil penalties shall be imposed for a
violation of this chapter:
(1) A one thousand dollar penalty for a first violation.
(2) A two thousand five hundred dollar penalty for a second violation.
(3) A ten thousand dollar penalty for a third and subsequent violation.
6. a. The attorney general or a restaurant may, in addition to penalties imposed pursuant
to subsection 5, bring an action to enjoin a violation of this chapter. If the court finds a
violation of this chapter, the court shall issue an injunction against a food delivery platform
and may require the platform to pay to the injured restaurant all profits derived from, or
damages resulting from, the wrongful acts and order that the wrongful acts be terminated.
b. If the court finds that the food delivery platform committed a wrongful act in bad faith
in violation of this chapter by not entering into an agreement or obtaining consent, the court,
in the court’s discretion, shall:
(1) Enter a judgment in an amount not to exceed three times the amount of profits and
damages.
(2) Award reasonable attorney’s fees to the restaurant.