543B.49 Injunctive relief. 1. In addition to the penalty and complaint provisions of sections 543B.43, 543B.44, and 543B.48, an injunction may be granted through an action in district court to prohibit a personfrom engaging in an activity which violates the provisions of section 543B.1. The court shallgrant a permanent or temporary injunction if it appears to the court that a violation hasoccurred or is imminently threatened. The plaintiff is not required to show that the violationor threatened violation would greatly or irreparably injure the plaintiff. No bond shall berequired of the plaintiff unless the court determines that a bond is necessary in the publicinterest. The action for injunctive relief may be brought by an affected person. For thepurposes of this section, 'affected person' means any person directly impacted by the actionsof a person suspected of violating the provisions of section 543B.1, including but not limited tothe commission created in section 543B.8, a person who has utilized the services of a personsuspected of violating the provisions of section 543B.1, or a private association composedprimarily of members practicing a profession for which licensure is who has utilized the services of a personsuspected of violating the provisions of section 543B.1, or a private association composedprimarily of members practicing a profession for which licensure is required pursuant to thischapter. 2. If successful in obtaining injunctive relief, the affected person shall be entitled to actual costs and attorney fees. For the purposes of this section, 'actual costs' means thosecosts other than attorney fees which were actually incurred in connection with the action,including but not limited to court and witness fees, investigative expenses, travel expenses,legal research expenses, and other related fees and expenses. 2004 Acts, ch 1005, §3; 2006 Acts, ch 1055, §4 Sat Dec 23 01:45:41 2023 Iowa Code 2024, Section 543B.49 (18, 1)
Iowa Legal Code