Iowa Code 714D.7 – Civil enforcement
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Terms Used In Iowa Code 714D.7
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Rule: includes "regulation". See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
714D.7 Civil enforcement.
1. A violation of this chapter or a rule adopted pursuant to this chapter is a violation of § 714.16, subsection 2, paragraph “”a””. The remedies and penalties provided by section
714.16, including but not limited to injunctive relief and civil penalties, apply to violations of this chapter.
2. In seeking reimbursement pursuant to § 714.16, subsection 7, from a person who has committed an unlawful practice under this chapter, the attorney general may seek an order from the court that the person pay to the attorney general on behalf of consumers the amounts for which the person would be liable under § 714D.6 for each consumer who has a cause of action pursuant to § 714D.6. Section 714.16, as it relates to consumer reimbursement, applies to amounts recovered by the attorney general as reimbursement under this chapter. However, a consumer who is awarded monetary damages pursuant to § 714D.6 is not eligible for monetary relief under this section for the same unlawful practice.
3. The remedies provided pursuant to this chapter are in addition to any other remedies provided to the state or to a person under other law.
4. The attorney general shall not file a civil enforcement action under this chapter or under § 714.16 against a person for an act which is the subject of an administrative proceeding to impose a civil penalty which has been initiated against the person by the utilities board. This subsection shall not be construed to limit the authority of the attorney general to file a civil enforcement or other enforcement action against a person for violating a prior agreement entered into by the person with the attorney general or a court order obtained by the attorney general against the person. This subsection shall not be construed to limit the authority of the attorney general to file a civil enforcement or other enforcement action against the person for acts which are not the subject of an administrative proceeding which has been initiated against the person by the utilities board.
99 Acts, ch 16, §8; 2023 Acts, ch 19, §2701
Referred to in §476.103, 714D.6
Subsection 4 amended
1. A violation of this chapter or a rule adopted pursuant to this chapter is a violation of § 714.16, subsection 2, paragraph “”a””. The remedies and penalties provided by section
714.16, including but not limited to injunctive relief and civil penalties, apply to violations of this chapter.
2. In seeking reimbursement pursuant to § 714.16, subsection 7, from a person who has committed an unlawful practice under this chapter, the attorney general may seek an order from the court that the person pay to the attorney general on behalf of consumers the amounts for which the person would be liable under § 714D.6 for each consumer who has a cause of action pursuant to § 714D.6. Section 714.16, as it relates to consumer reimbursement, applies to amounts recovered by the attorney general as reimbursement under this chapter. However, a consumer who is awarded monetary damages pursuant to § 714D.6 is not eligible for monetary relief under this section for the same unlawful practice.
3. The remedies provided pursuant to this chapter are in addition to any other remedies provided to the state or to a person under other law.
4. The attorney general shall not file a civil enforcement action under this chapter or under § 714.16 against a person for an act which is the subject of an administrative proceeding to impose a civil penalty which has been initiated against the person by the utilities board. This subsection shall not be construed to limit the authority of the attorney general to file a civil enforcement or other enforcement action against a person for violating a prior agreement entered into by the person with the attorney general or a court order obtained by the attorney general against the person. This subsection shall not be construed to limit the authority of the attorney general to file a civil enforcement or other enforcement action against the person for acts which are not the subject of an administrative proceeding which has been initiated against the person by the utilities board.
99 Acts, ch 16, §8; 2023 Acts, ch 19, §2701
Referred to in §476.103, 714D.6
Subsection 4 amended