Iowa Code 537.6111 – Injunctions against unconscionable agreements and fraudulent or unconscionable conduct
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 537.6111
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
537.6111 Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.
1. The administrator may bring a civil action to restrain a person to whom this part applies from engaging in any of the following courses of action:
a. Making or enforcing unconscionable terms or provisions of consumer credit transactions.
b. Fraudulent or unconscionable conduct in inducing consumers to enter into consumer credit transactions.
c. Conduct of any of the types specified in paragraph “”a”” or “”b”” with respect to transactions that give rise to or that lead persons to believe they will give rise to consumer credit transactions.
d. Fraudulent or unconscionable conduct in the collection of debts arising from consumer credit transactions or from transactions which would have been consumer credit transactions if a finance charge was made or the obligation was payable in installments.
2. In an action brought pursuant to this section the court may grant relief only if it finds all of the following:
a. That the defendant has made unconscionable agreements or has engaged in or is likely to engage in a course of fraudulent or unconscionable conduct.
b. That the defendant’s agreements have caused or are likely to cause, or the conduct of the defendant has caused or is likely to cause, injury to consumers or debtors.
c. That the defendant has been able to cause or will be able to cause the injury primarily because the transactions involved are credit transactions.
3. In applying subsection 1, paragraph “”a””, “”b””, or “”c””, consideration shall be given to the factors specified in the provisions on unconscionability with respect to a transaction that is or gives rise to or that a person leads the debtor to believe will give rise to a consumer credit transaction, as provided in § 537.5108, subsection 3, among others.
4. In applying subsection 1, paragraph “”d””, violations of § 537.7103 shall be considered, among other factors, as applicable.
5. In an action brought pursuant to this section, a charge or practice expressly permitted by this chapter is not in itself unconscionable.
[C75, 77, 79, 81, §537.6111]
Referred to in §537.5108, 537.6108, 537.6112
1. The administrator may bring a civil action to restrain a person to whom this part applies from engaging in any of the following courses of action:
a. Making or enforcing unconscionable terms or provisions of consumer credit transactions.
b. Fraudulent or unconscionable conduct in inducing consumers to enter into consumer credit transactions.
c. Conduct of any of the types specified in paragraph “”a”” or “”b”” with respect to transactions that give rise to or that lead persons to believe they will give rise to consumer credit transactions.
d. Fraudulent or unconscionable conduct in the collection of debts arising from consumer credit transactions or from transactions which would have been consumer credit transactions if a finance charge was made or the obligation was payable in installments.
2. In an action brought pursuant to this section the court may grant relief only if it finds all of the following:
a. That the defendant has made unconscionable agreements or has engaged in or is likely to engage in a course of fraudulent or unconscionable conduct.
b. That the defendant’s agreements have caused or are likely to cause, or the conduct of the defendant has caused or is likely to cause, injury to consumers or debtors.
c. That the defendant has been able to cause or will be able to cause the injury primarily because the transactions involved are credit transactions.
3. In applying subsection 1, paragraph “”a””, “”b””, or “”c””, consideration shall be given to the factors specified in the provisions on unconscionability with respect to a transaction that is or gives rise to or that a person leads the debtor to believe will give rise to a consumer credit transaction, as provided in § 537.5108, subsection 3, among others.
4. In applying subsection 1, paragraph “”d””, violations of § 537.7103 shall be considered, among other factors, as applicable.
5. In an action brought pursuant to this section, a charge or practice expressly permitted by this chapter is not in itself unconscionable.
[C75, 77, 79, 81, §537.6111]
Referred to in §537.5108, 537.6108, 537.6112