Iowa Code

Iowa Code § 537.1107 (2026)

Waiver — agreement — settlement

✓ current as of July 2026

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1. Except in settlement of a bona fide dispute, a consumer may not waive or agree to forego rights or benefits under this chapter.

2. A claim by a consumer against a creditor relating to an excess charge, any other civil violation of this chapter, or a civil penalty, or a claim by a creditor against a consumer for default or breach of a civil duty imposed by this chapter, may be settled by agreement if the claim is disputed in good faith.

3. A claim against a consumer, whether or not disputed, may be settled for less value than the amount claimed.

4. A settlement in which the consumer waives or agrees to forego rights or benefits under this chapter is invalid if the court as a matter of law finds the settlement to have been unconscionable at the time it was made. The competence of the consumer, any deception or coercion practiced upon the consumer, the nature and extent of the legal advice received by the consumer, and the value of the consideration may be considered, among other factors, with respect to the issue of unconscionability. [C75, 77, 79, 81, §537.1107] 2022 Acts, ch 1021, §155 Referred to in §537.3403, 537.3404, 537.3405, 537.5110 \n

Notes of Decisions

Cited in 2 cases, 1981–2010 · leading case: Farmers Trust & Sav. Bank v. Manning, 311 N.W.2d 285 (Iowa 1981).

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Farmers Trust & Sav. Bank v. Manning, 311 N.W.2d 285 (Iowa 1981). “The question of waiver arises because the Mannings did not plead the bank’s failure to give a notice to cure. The matter was, however, thoroughly inquired into at trial.”

Capital One Bank (USA), N.A. v. Denboer, 791 N.W.2d 264 (Iowa Ct. App. 2010). “§ 537.1107. Section 537.5114 of the ICC sets forth requirements regarding the complaint and the proof necessary to obtain a default judg *276 ment — “an indication of how the amount was determined” and “sworn testimony, by affidavit or otherwise, .”

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