Iowa Code 543B.49 – Injunctive relief
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Terms Used In Iowa Code 543B.49
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
- Plaintiff: The person who files the complaint in a civil lawsuit.
543B.49 Injunctive relief.
1. In addition to the penalty and complaint provisions of sections 543B.43, 543B.44, and
543B.48, an injunction may be granted through an action in district court to prohibit a person from engaging in an activity which violates the provisions of § 543B.1. The court shall grant a permanent or temporary injunction if it appears to the court that a violation has occurred or is imminently threatened. The plaintiff is not required to show that the violation or threatened violation would greatly or irreparably injure the plaintiff. No bond shall be required of the plaintiff unless the court determines that a bond is necessary in the public interest. The action for injunctive relief may be brought by an affected person. For the purposes of this section, “”affected person”” means any person directly impacted by the actions of a person suspected of violating the provisions of § 543B.1, including but not limited to the commission created in § 543B.8, a person who has utilized the services of a person suspected of violating the provisions of § 543B.1, or a private association composed primarily of members practicing a profession for which licensure is required pursuant to this chapter.
2. If successful in obtaining injunctive relief, the affected person shall be entitled to actual costs and attorney fees. For the purposes of this section, “”actual costs”” means those costs other than attorney fees which were actually incurred in connection with the action, including but not limited to court and witness fees, investigative expenses, travel expenses, legal research expenses, and other related fees and expenses.
2004 Acts, ch 1005, §3; 2006 Acts, ch 1055, §4
1. In addition to the penalty and complaint provisions of sections 543B.43, 543B.44, and
543B.48, an injunction may be granted through an action in district court to prohibit a person from engaging in an activity which violates the provisions of § 543B.1. The court shall grant a permanent or temporary injunction if it appears to the court that a violation has occurred or is imminently threatened. The plaintiff is not required to show that the violation or threatened violation would greatly or irreparably injure the plaintiff. No bond shall be required of the plaintiff unless the court determines that a bond is necessary in the public interest. The action for injunctive relief may be brought by an affected person. For the purposes of this section, “”affected person”” means any person directly impacted by the actions of a person suspected of violating the provisions of § 543B.1, including but not limited to the commission created in § 543B.8, a person who has utilized the services of a person suspected of violating the provisions of § 543B.1, or a private association composed primarily of members practicing a profession for which licensure is required pursuant to this chapter.
2. If successful in obtaining injunctive relief, the affected person shall be entitled to actual costs and attorney fees. For the purposes of this section, “”actual costs”” means those costs other than attorney fees which were actually incurred in connection with the action, including but not limited to court and witness fees, investigative expenses, travel expenses, legal research expenses, and other related fees and expenses.
2004 Acts, ch 1005, §3; 2006 Acts, ch 1055, §4