Iowa Code 537.1201 – Territorial application
Current as of: 2023 | Check for updates
|
Other versions
1. This chapter applies to:
a. A transaction, or acts, practices, or conduct with respect to a transaction, if the transaction is entered into in this state, except that a transaction involving other than open-end credit or acts, practices, or conduct with respect to such a transaction shall not subject any person to damages or penalty under article 5 of this chapter, or administrative enforcement under article 6, part 1:
(1) If the buyer, lessee, or debtor was physically located outside of this state, at the time the buyer, lessee, or debtor signed the writing evidencing the transaction or made, in face-to-face solicitation, a written or oral offer to enter into the transaction,
(2) If the transaction or acts, practices, or conduct with respect to the transaction were not in violation of law in the state in which the buyer, lessee, or debtor was physically located, and
(3) If, with respect to charges and agreements, the person does not collect or enforce that transaction except to the extent permitted by this chapter.
b. A transaction, or acts, practices, or conduct with respect to a transaction, if it is modified in this state, without regard to where the transaction is entered into, except that acts, practices, conduct, disclosures, charges, or provisions of agreements not in violation of law in the state where they occurred or were entered into, shall not subject any person to damages or penalty under article 5 or administrative enforcement under article 6, part 1, if, with respect to acts, practices, conduct, or disclosures, they occurred outside this state and before a modification in this state, and if, with respect to charges and agreements, they are not collected or enforced by that person except to the extent permitted by this chapter. A person shall not be required to obtain a license under section 537.2301 solely because the person modifies a transaction in this state.
c. Acts, practices, or conduct in this state in the solicitation, inducement, negotiation, collection, or enforcement of a transaction, without regard to where it is entered into or modified; including but not limited to acts, practices, or conduct in violation of sections 537.3209, 537.3210, 537.3311, 537.3501, article 5, parts 1 and 3, and article 7.
Terms Used In Iowa Code 537.1201
- Agreement: means the oral or written bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance. See Iowa Code 537.1301
- Amount financed: means :a. See Iowa Code 537.1301
- Consumer: means the buyer, lessee, or debtor to whom credit is granted in a consumer credit transaction. See Iowa Code 537.1301
- Credit: means the right granted by a person extending credit to a person to defer payment of debt, to incur debt and defer its payment, or to purchase property or services and defer payment therefor. See Iowa Code 537.1301
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: includes the authorization, of whatever form, to engage in the conduct regulated under those chapters. See Iowa Code 537.2301
- Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
- Open-end credit: means an arrangement, other than a consumer rental purchase agreement, pursuant to which all of the following are applicable:
a. See Iowa Code 537.1301- Person: means :
a. See Iowa Code 537.1301- Service of process: The service of writs or summonses to the appropriate party.
- 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
- Transaction: means a sale, trade, exchange, transfer, payment, or conversion of a digital asset or any other property or any other action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See Iowa Code 554E.1
- Venue: The geographical location in which a case is tried.
2. For the purposes of this section, a transaction is entered into or modified in this state if any of the following apply:a. In a transaction involving other than open-end credit:(1) If the buyer, lessee, or debtor is a resident of this state at the time the person extending credit solicits the transaction or modification, whether personally, by mail or by telephone, unless the parties have agreed that the law of the residence of the buyer, lessee, or debtor applies, in which case that law applies.(2) If the buyer, lessee, or debtor is a resident of this state at the time the person extending credit receives either a signed writing evidencing the transaction or modification, or a written or oral offer of the buyer, lessee, or debtor to enter into or modify the transaction.(3) If the transaction otherwise has significant contacts with this state, unless the buyer, lessee, or debtor is not a resident of this state at the times designated in subsection 2, paragraph “a”, subparagraphs (1) and (2), and the parties have agreed that the law of the buyer’s, lessee’s, or debtor’s residence applies. A person shall not be required to obtain a license under section 537.2301 solely because this chapter applies to a transaction pursuant to this subparagraph.b. In an open-end credit transaction:(1) If the buyer, lessee, or debtor is a resident of this state either at the time the buyer, lessee, or debtor forwards or otherwise gives to the person extending credit a written or oral communication of the intention to establish the open-end transaction, or at the time the person extending credit forwards or otherwise gives to the buyer, lessee, or debtor a written or oral communication giving notice to the buyer, lessee, or debtor of the right to enter into open-end transactions with such person, unless the parties have agreed that the law of the residence of the buyer, lessee, or debtor applies in which case that law shall apply.(2) If the transaction otherwise has significant contacts with this state, unless the buyer, lessee, or debtor is not a resident of this state at the times designated in subsection 2, paragraph “a”, subparagraph (1), and the parties have agreed that the law of the buyer’s, lessee’s, or debtor’s residence applies. A person shall not be required to obtain a license under section 537.2301 solely because this chapter applies to a transaction pursuant to this subparagraph.c. In any credit transaction, if the parties have agreed that the law of the residence of the buyer, lessee, or debtor applies and the buyer, lessee, or debtor is a resident of this state at any time designated, with respect to a transaction other than open-end, in subsection 2, paragraph “a”, subparagraphs (1) and (2) or, with respect to an open-end credit transaction, in subsection 2, paragraph “b”, subparagraph (1).3. For the purposes of this section, “modification” shall include, but not be limited to, any alteration in the maturity, schedule of payments, amount financed, rate of finance charge, or other term of a transaction.4. For the purposes of this chapter, the residence of a buyer, lessee, or debtor is the address given by that person as the person’s residence in a writing signed by the person in connection with a transaction until the person notifies the person extending credit of a different address as the person’s residence, and it is then the different address.5. Except as provided in subsection 1, paragraph “c”, and subsection 6, a transaction entered into or modified in another jurisdiction is valid and enforceable in this state according to its terms to the extent that it is valid and enforceable under the laws of the other jurisdiction.6. A provision of an agreement made by a buyer, lessee, or debtor is invalid:a. Which provides, if the buyer, lessee, or debtor is a resident of this state at the times designated in subsection 2, paragraph “a”, subparagraphs (1) and (2) and subsection 2, paragraph “b”, subparagraph (1):(1) That the law of another jurisdiction shall apply, except as provided in subsection 2, paragraph “a”, subparagraph (1) and in subsection 2, paragraph “b”, subparagraph (1).(2) That the buyer, lessee, or debtor consents to be subject to the process of another jurisdiction.(3) That the buyer, lessee, or debtor appoints an agent to receive service of process.(4) That venue is fixed at a particular place.(5) That the consumer consents to the jurisdiction of a court that does not otherwise have jurisdiction.b. If a provision would negate subsection 1, paragraph “b”.7. The following provisions of this chapter specify the applicable law governing certain cases:a. Section 537.6102 specifies the applicability of article 6, part 1.b. Section 537.6201 specifies the applicability of article 6, part 2.