§ 714D.6 — Private action

Iowa § 714D.6

• Jurisdiction: Iowa
• Title XVI: CRIMINAL LAW AND PROCEDURE
• Ch. 714D: TELECOMMUNICATIONS SERVICE PROVIDER FRAUD

Text

1. In addition to any other remedy, a consumer may bring an action against a person
who commits an unlawful practice under this chapter to recover from the person all of the
following:
a. The amount of any moneys or property acquired by the person from the consumer
by means of an unlawful practice under this section, or two hundred dollars, whichever is
greater.
b. If a court finds that the consumer prevails in the action and that the unlawful practice
was an intentional violation of this chapter, five hundred dollars or twice the amount of the
consumer’s actual damages, whichever is greater.
c. Costs and reasonable attorney fees.
2. A cause of action under this section shall not apply unless, prior to filing the action, the
consumer has submitted a complaint to the utilities commission, the utilities commission has
failed to resolve the complaint to the consumer’s satisfactionwithin one hundred twenty days
of the date the complaint was submitted, and the consumer dismisses the complaint before
the utilities commission. The requirement that a consumer complaint be submitted to the
utilities commission and resolved by the utilities commission to the consumer’s satisfaction
within one hundred twenty days of filing before the consumer may file an action pursuant
to this section shall not apply to an action by the attorney general to recover moneys for the
consumer pursuant to section 714D.7 or any other law. A finding by the utilities commission
that a respondent has complied with rules governing carrier selection procedures adopted
3 TELECOMMUNICATIONS SERVICE PROVIDER FRAUD, §714D.7
by the utilities commission shall be an affirmative defense to any claim brought under this
section or section 476.103 or 714D.7 that an unauthorized change in service has occurred.