714E.6 Remedies. 1. A violation of this chapter is an unlawful practice pursuant to section 714.16, and all remedies of section 714.16 are available for such an action. A private cause of action broughtunder this chapter by an owner is in the public interest. An owner may bring an action againsta foreclosure consultant for a violation of this chapter. If the court finds that the foreclosureconsultant violated this chapter, the court shall award the owner actual damages, appropriateequitable relief, and the costs of the action, and shall award reasonable fees to the owner’sattorney. 2. The rights and remedies provided in subsection 1 are cumulative to, and not a limitation of, any other rights and remedies provided by law. Any action brought by a person other thanthe attorney general pursuant to this section must be commenced within four years from thedate of the alleged violation. 3. The court may award exemplary damages up to one and one-half times the compensation, fees, and interest charged by the foreclosure consultant if the court finds thatthe foreclosure consultant violated the provisions of section 714E.4, subsection 1, 2, or 4,and the foreclosure consultant acted in bad st charged by the foreclosure consultant if the court finds thatthe foreclosure consultant violated the provisions of section 714E.4, subsection 1, 2, or 4,and the foreclosure consultant acted in bad faith. 4. Notwithstanding any other provision of this section, an action shall not be brought on the basis of a violation of this chapter, except by an owner against whom the violation wascommitted or by the attorney general. This limitation does not apply to administrative actionby either the attorney general or the superintendent of the banking division of the departmentof insurance and financial services. 2008 Acts, ch 1125, §6, 19; 2023 Acts, ch 19, §2763Referred to in §714E.8Subsection 4 amended Sat Dec 23 12:29:47 2023 Iowa Code 2024, Section 714E.6 (18, 1)
Iowa Legal Code