537.3403 Card issuer subject to claims and defenses. 1. This section neither limits the liability of nor imposes liability on a card issuer as a manufacturer, supplier, seller, or lessor of property or services sold or leased pursuant to thecredit card. This section may subject a card issuer to claims and defenses of a cardholderagainst a seller or lessor arising from sales or leases made pursuant to the credit card. 2. A card issuer is subject to claims and defenses of a cardholder against the seller or lessor arising from the sale or lease of property or services by a seller or lessor licensed,franchised, or permitted by the card issuer or a person related to the card issuer to do businessunder the trade name or designation of the card issuer or a person related to the card issuer,to the extent of the original amount owing to the card issuer with respect to the sale or leaseof the property or services as to which the claim or defense arose. 3. Except as otherwise provided in subsection 2, a card issuer, including a lender credit card issuer, is subject to all claims and defenses of a cardholder against the seller or lessorarising from the sale or lease of property or services ction 2, a card issuer, including a lender credit card issuer, is subject to all claims and defenses of a cardholder against the seller or lessorarising from the sale or lease of property or services pursuant to the credit card only if all ofthe following apply: a. The original amount owing to the card issuer with respect to the sale or lease of the property or services as to which the claim or defense arose exceeds fifty dollars. b. The residence of the cardholder and the place where the sale or lease occurred are in the same state or within one hundred miles of each other. c. The cardholder has made a good faith attempt to obtain satisfaction from the seller or lessor with respect to the claim or defense. 4. Except as otherwise provided in subsection 2, a card issuer, including a lender credit card issuer, is subject to claims and defenses only to the extent of the amount owing to thecard issuer with respect to the sale or lease of the property or services as to which the claim ordefense arose at the time the card issuer has notice of the claim or defense. Notice of the claimor defense may be given prior to the attempt to obtain satisfaction specified in subsection 3.Written rdefense arose at the time the card issuer has notice of the claim or defense. Notice of the claimor defense may be given prior to the attempt to obtain satisfaction specified in subsection 3.Written notice is effective when mailed or delivered. 5. For the purpose of determining the amount owing to the card issuer with respect to the sale or lease upon an open-end credit account, payments received for the account are deemedto have been first applied to the payment of finance charges in the order of their entry to theaccount and then to the payment of debts in the order in which the entries of the debts aremade to the account. 6. Except as provided in section 537.1107, an agreement may not contain a provision to limit or waive the claims or defenses of a cardholder under this section. A provision inviolation of this subsection is unenforceable. [C75, 77, 79, 81, §537.3403]2018 Acts, ch 1041, §127Referred to in §537.5201 Sat Dec 23 01:40:30 2023 Iowa Code 2024, Section 537.3403 (20, 0)
Iowa Legal Code