Iowa Code 537.5301 – Willful violations
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
| Simple misdemeanor | up to 30 days | between $105 and $855 |
Terms Used In Iowa Code 537.5301
- 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
- undertaking: means a promise or security in any form. See Iowa Code 4.1
537.5301 Willful violations.
1. A person who willfully and knowingly makes charges in excess of those permitted by the provisions of article 2, part 4, applying to supervised loans, is guilty of a serious misdemeanor.
2. A person who, in violation of the provisions of this chapter applying to authority to make supervised loans under § 537.2301, willfully and knowingly engages without a license in the business of making supervised loans, or of taking assignments of and undertaking direct collection of payments from and enforcement of rights against consumers arising from supervised loans, is guilty of a serious misdemeanor.
3. A person, other than a lessor in a consumer rental purchase agreement, who willfully and knowingly engages in the business of entering into consumer credit transactions, or of taking assignments of rights against consumers arising therefrom and undertaking direct collection of payments or enforcement of these rights, without complying with the provisions of this chapter concerning notification under § 537.6202 or payment of fees under § 537.6203, is guilty of a simple misdemeanor.
4. A person who willfully and knowingly violates the provisions of § 537.7103 is guilty of a serious misdemeanor. However, this subsection is not applicable to a violation of § 537.7103, subsection 7.
[C75, 77, 79, 81, §537.5301]
87 Acts, ch 80, §52; 2007 Acts, ch 128, §3; 2022 Acts, ch 1021, §157
1. A person who willfully and knowingly makes charges in excess of those permitted by the provisions of article 2, part 4, applying to supervised loans, is guilty of a serious misdemeanor.
2. A person who, in violation of the provisions of this chapter applying to authority to make supervised loans under § 537.2301, willfully and knowingly engages without a license in the business of making supervised loans, or of taking assignments of and undertaking direct collection of payments from and enforcement of rights against consumers arising from supervised loans, is guilty of a serious misdemeanor.
3. A person, other than a lessor in a consumer rental purchase agreement, who willfully and knowingly engages in the business of entering into consumer credit transactions, or of taking assignments of rights against consumers arising therefrom and undertaking direct collection of payments or enforcement of these rights, without complying with the provisions of this chapter concerning notification under § 537.6202 or payment of fees under § 537.6203, is guilty of a simple misdemeanor.
4. A person who willfully and knowingly violates the provisions of § 537.7103 is guilty of a serious misdemeanor. However, this subsection is not applicable to a violation of § 537.7103, subsection 7.
[C75, 77, 79, 81, §537.5301]
87 Acts, ch 80, §52; 2007 Acts, ch 128, §3; 2022 Acts, ch 1021, §157