§ 322G.8 — Consumer remedies

Iowa § 322G.8

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 322G: DEFECTIVE MOTOR VEHICLES (LEMON LAW)

Text

1. If a consumer resorts to a manufacturer’s certified program and a decision is not
rendered within the time periods allowed in this chapter, or a manufacturer has no certified
program and the consumer has notified the manufacturer pursuant to section 322G.4,
subsection 1, the consumer may file an action in district court under this chapter within
one year from the expiration of the lemon law rights period or an extension of the period
pursuant to section 322G.4, subsection 3.
2. If a consumer resorts to a manufacturer’s certified program and is not satisfied with
the performance of the manufacturer as ordered in the decision, or the manufacturer does
not perform as directed by the decision within the time period specified in the decision, the
consumer may file an action in district court under this chapter within six months after
the date prescribed in the decision by which the manufacturer must fulfill the terms of the
decision. If the consumer declines to accept the decision of the manufacturer’s certified
program, the consumer may appeal the decision pursuant to subsection 4. For purposes of
this subsection, “not satisfied with the performance of the decision” means, following the
consumer’s acceptance of the decision, the consumer indicates that the manufacturer failed
to comply with the terms of the decision within the time specified in the decision or failed
to cure the nonconformity within the time specified in the decision if further repairs were
ordered.
3. In an action under either subsection 1 or 2, the court shall award a consumer who
prevails the amount of any pecuniary loss, including relief the consumer is entitled to under
section 322G.4, subsection 2, reasonable attorney’s fees, and costs. In addition, if the court
affirms the decision of the certified program, the court may award any additional amounts
allowed under subsection 7.
4. A certified program’s decision is final unless appealed by either party. A petition to the
district court to appeal a decision must be made within fifty days after receipt of the decision
or within twenty-five days from the date the consumer indicates acceptance of the decision to
the manufacturer, whichever occurs first. Within seven days after the petition has been filed,
the appealing party must send, by certified, registered, or express mail, a copy of the petition
to the attorney general. If the attorney general receives no notice of the petition within sixty
daysafterthemanufacturer’sreceiptofadecisioninfavoroftheconsumer,andtheconsumer
has indicated acceptance of the decision within the twenty-five days of receipt of the decision,
but the manufacturer has neither complied with, nor petitioned to appeal the decision, the
attorney general may apply to the court to impose a fine up to one thousand dollars per day
against the manufacturer until the amount stands at twice the purchase price of the motor
vehicle, unless the manufacturer provides clear and convincing evidence that the delay or
failure was beyond its control or was acceptable to the consumer as evidenced by a written
statement signed by the consumer. If the manufacturer fails to provide such evidence or fails
to pay the fine, the attorney general shall initiate proceedings against the manufacturer for
failure to pay the fine. The proceeds from the fine imposed shall be placed in the attorney
general’s motor vehicle fraud and odometer law enforcement fund for implementation and
enforcement of this chapter.
5. If the manufacturer fails to comply with a decision which has been timely accepted by
the consumer or fails to file a timely petition for appeal, the court shall affirm the board’s
decision upon application by the consumer.
6. An appeal of a decision by a certified program to the court by a consumer or a
manufacturer shall be tried de novo, and may be based upon stipulated facts. In a written
petition to appeal a decision by the board, the appealing party must state the action requested
and the grounds relied upon for appeal.
7. If a decision of the certified program in favor of the consumer is affirmed or upheld by
the court, recovery by the consumer shall include the pecuniary value of the award, including
relief the consumer is entitled to under section 322G.4, subsection 2, attorney’s fees incurred
in obtaining confirmation of the award, and all costs and continuing damages in an amount
of twenty-five dollars per day for all days beyond the twenty-five-day period following the
manufacturer’s receipt of the consumer’s acceptance of the certified program’s decision. If
a court determines that a manufacturer filed a petition for appeal to be tried de novo in bad
§322G.8, DEFECTIVE MOTOR VEHICLES (LEMON LAW) 8
faith or brought such an appeal solely for the purpose of harassment, the court shall double,
and may triple, the amount of the total award, after consideration of all circumstances.
8. Appellate review of a court decision in favor of the consumer may be conditioned upon
payment by the manufacturer of the consumer’s attorney’s fees and giving security for costs
and expenses resulting from the review period.
9. This chapter does not prohibit a consumer from pursuing other rights or remedies
under any other law.