Section 714H.1 – Title.
714H.1 Title. This chapter shall be known and may be cited as the “Private Right of Action for Consumer Frauds Act”. 2009 Acts, ch 167, §1, 9
Section 714H.2 – Definitions.
714H.2 Definitions. 1. “Actual damages” means all compensatory damages proximately caused by the prohibited practice or act that are reasonably ascertainable in amount. “Actual damages” does not include damages for bodily injury, pain and suffering, mental distress, or loss of consortium, loss of life, or loss of enjoyment of life. 2. “Advertisement” means the same […]
Section 714H.3 – Prohibited practices and acts.
714H.3 Prohibited practices and acts. 1. A person shall not engage in a practice or act the person knows or reasonably should know is an unfair practice, deception, fraud, false pretense, or false promise, or the misrepresentation, concealment, suppression, or omission of a material fact, with the intent that others rely upon the unfair practice, […]
Section 714H.4 – Exclusions.
714H.4 Exclusions. 1. This chapter shall not apply to any of the following: a. Merchandise offered or provided by any of the following persons, including business entities organized under Title XII by those persons and the officers, directors, employees, and agents of those persons or business entities, pursuant to a profession or business for which […]
Section 714H.5 – Private right of action — damages — statute of limitations.
714H.5 Private right of action — damages — statute of limitations. 1. A consumer who suffers an ascertainable loss of money or property as the result of a prohibited practice or act in violation of this chapter may bring an action at law to recover actual damages. The court may order such equitable relief as […]
Section 714H.6 – Attorney general notification.
714H.6 Attorney general notification. 1. A party filing a petition, counterclaim, cross-petition, or pleading, or any count thereof, in intervention alleging a violation under this chapter, within seven days following the date of filing such pleading, shall provide a copy to the attorney general and, within seven days following entry of any final judgment in […]
Section 714H.7 – Class actions.
714H.7 Class actions. A class action lawsuit alleging a violation of this chapter shall not be filed with a court unless it has been approved by the attorney general. The attorney general shall approve the filing of a class action lawsuit alleging a violation of this chapter unless the attorney general determines that the lawsuit […]
Section 714H.8 – Severability clause.
714H.8 Severability clause. If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. 2009 […]