§ 715D.8 — Enforcement — penalties

Iowa § 715D.8

• Jurisdiction: Iowa
• Title XVI: CRIMINAL LAW AND PROCEDURE
• Ch. 715D: CONSUMER DATA PROTECTIONS

Text

1. The attorney general shall have exclusive authority to enforce the provisions of this
chapter. Whenever the attorney general has reasonable cause to believe that any person has
engaged in, is engaging in, or is about to engage in any violation of this chapter, the attorney
general is empowered to issue a civil investigative demand. The provisions of section 685.6
shall apply to civil investigative demands issued under this chapter.
2. Prior to initiating any action under this chapter, the attorney general shall provide a
controller or processor ninety days’ written notice identifying the specific provisions of this
chapter the attorney general alleges have been or are being violated. If within the ninety-day
period, the controller or processor cures the noticed violation and provides the attorney
general an express written statement that the alleged violations have been cured and that
no further such violations shall occur, no action shall be initiated against the controller or
processor.
3. If a controller or processor continues to violate this chapter following the cure period
in subsection 2 or breaches an express written statement provided to the attorney general
under that subsection, the attorney general may initiate an action in the name of the state
and may seek an injunction to restrain any violations of this chapter and civil penalties of up
to seven thousand five hundred dollars for each violation under this chapter. Any moneys
collected under this section including civil penalties, costs, attorney fees, or amounts which
are specifically directed shall be paid into the consumer education and litigation fund
established under section 714.16C.
4. Nothing in this chapter shall be construed as providing the basis for, or be subject to, a
private right of action for violations of this chapter or under any other law.