§ 537.6113

537.6113 Civil actions by administrator. 1. After demand, the administrator may bring a civil action against a person for all amounts of money, other than penalties, which a consumer or class of consumers has aright to recover explicitly granted by this chapter. The court shall order amounts recoveredor recoverable under this subsection to be paid to each consumer or set off against theconsumer’s obligation. A consumer’s action, other than a class action, takes precedence overa prior or subsequent action by the administrator with respect to the claim of that consumer.A consumer’s class action takes precedence over a subsequent action by the administratorwith respect to claims common to both actions but intervention by the administrator isauthorized. An administrator’s action on behalf of a class of consumers takes precedenceover a consumer’s subsequent class action with respect to claims common to both actions.Whenever an action takes precedence over another action under this subsection, the latteraction may be stayed to the extent appropriate while the precedent action is pending anddismissed if the precedent action is dismissed with prejudice or results in a final

this subsection, the latteraction may be stayed to the extent appropriate while the precedent action is pending anddismissed if the precedent action is dismissed with prejudice or results in a final judgmentgranting or denying the claim asserted in the precedent action. A defense available to aperson in a civil action brought by a consumer is available to the person in a civil actionbrought under this subsection. 2. The administrator may bring a civil action against a person to recover a civil penalty of no more than ten thousand dollars for repeatedly and intentionally violating this chapter.No civil penalty pursuant to this subsection may be imposed for violations of this chapteroccurring more than two years before the action is brought or for making unconscionableagreements or engaging in a course of fraudulent or unconscionable conduct. 3. The administrator may bring a civil action against a person for failure to file notification in accordance with the provisions on notification in section 537.6202, or to pay fees inaccordance with the provisions on fees in section 537.6203, to recover the fees the defendanthas failed to pay plus interest at the rate of seven percent per

ion in section 537.6202, or to pay fees inaccordance with the provisions on fees in section 537.6203, to recover the fees the defendanthas failed to pay plus interest at the rate of seven percent per annum and the administrator’sreasonable costs in bringing the action, and a civil penalty in an amount determined by thecourt not exceeding the greater of three times the amount of fees the person has failed topay or one thousand dollars. [C75, 77, 79, 81, §537.6113]2017 Acts, ch 138, §22Referred to in §537.3205, 537.3304, 537.3624, 537.4101, 537.6110, 537.6115, 537.6203, 714.16 Sat Dec 23 01:41:11 2023 Iowa Code 2024, Section 537.6113 (19, 0)