§ 714d-6

714D.6 Private action. 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 thefollowing: 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 isgreater. 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 theconsumer’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 board, the utilities board has failedto resolve the complaint to the consumer’s satisfaction within one hundred twenty days ofthe date the complaint was submitted, and the consumer dismisses the complaint before theutilities board. The requirement that a consumer complaint be submitted to the utilities boardand resolved by the utilities board to the consumer’s satisfaction within one

ses the complaint before theutilities board. The requirement that a consumer complaint be submitted to the utilities boardand resolved by the utilities board to the consumer’s satisfaction within one hundred twentydays of filing before the consumer may file an action pursuant to this section shall not applyto an action by the attorney general to recover moneys for the consumer pursuant to section714D.7 or any other law. A finding by the utilities board that a respondent has compliedwith rules governing carrier selection procedures adopted by the utilities board shall be anaffirmative defense to any claim brought under this section or section 476.103 or 714D.7 thatan unauthorized change in service has occurred. 99 Acts, ch 16, §7; 2023 Acts, ch 19, §2700Referred to in §714D.7Subsection 2 amended Sat Dec 23 12:29:44 2023 Iowa Code 2024, Section 714D.6 (16, 1)