Iowa Code

Iowa Code § 714H.2 (2026)

Definitions

✓ current as of July 2026
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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 as defined in section 714.16.

3. “Consumer” means a natural person or the person’s legal representative.

4. “Consumer merchandise” means merchandise offered for sale or lease, or sold or leased, primarily for personal, family, or household purposes.

5. “Deception” means an act or practice that is likely to mislead a substantial number of consumers as to a material fact or facts.

6. “Merchandise” means the same as defined in section 714.16.

7. “Person” means the same as defined in section 714.16.

8. “Sale” means any sale or offer for sale of consumer merchandise for cash or credit.

9. “Unfair practice” means the same as defined in section 714.16. 2009 Acts, ch 167, §2, 9 \n

Notes of Decisions
Cited in 12 cases (7 in the last 5 years), 2018–2024 · leading case: Cheryl Albaugh v. The Reserve, 930 N.W.2d 676 (Iowa 2019).
Cheryl Albaugh v. The Reserve, 930 N.W.2d 676 (Iowa 2019). · cites it 4× “§ 714H.2(6). Albaugh claims the Reserve committed consumer fraud in 2015 by prioritizing the sale of the units it held for a low entrance fee and later leasing units to residents without an entrance fee or supplemental amount.”
In re Gen. Motors LLC, 339 F. Supp. 3d 262 (S.D. Ill. 2018). “" Iowa Code Ann. § 714H.2. New GM urges the Court to read "actual damages" to require manifestation based on the Court's decision with respect to Oklahoma.”
Panther Deng v. Curtis White, Fam. Plan 2000, & JACD-S Inc. (Iowa Ct. App. 2019). · cites it 2× “” “‘Actual damages’ means all compensatory damages proximately caused by the prohibited practice or act that are reasonably ascertainable in amount. ‘Actual 11 damages’ does not include damages for bodily injury, pain and suffering, mental distress, or loss of consortium, loss…”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa Ct. App. 2020). · cites it 2× “” Iowa Code § 714H.2(1). “‘Proximately caused’ or proximate causation is a legal term of art that refers to the ‘scope of liability.”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa 2021). · cites it 2× “§ 714H.2(1). In addition, section 714H.5(4) provides exemplary damages for “willful and wanton disregard for the rights or safety of another.”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa 2021). · cites it 2× “§ 714H.2(1). In addition, section 714H.5(4) provides exemplary damages for “willful and wanton disregard for the rights or safety of another.”
Detmer v. La'James Coll. of Hairstyling, Inc. (Iowa Ct. App. 2021). · cites it 2× “” Iowa Code § 714H.2(5). “‘Unfair practice’ means an act or practice which causes substantial, unavoidable injury to consumers that is not outweighed by any consumer or competitive benefits which the practice produces.”
Montoya v. CRST Expedited, Inc. (D. Mass. 2019). · cites it 2× “” Iowa Code § 714H.2. “To ascertain whether a practice is likely to mislead in the consumer protection context, courts typically evaluate the overall or ‘net impression’ created by the representation.”
Huston v. Conagra Brands, Inc. (C.D. Ill. 2022). “representation to determine its likelihood to mislead (quoting Iowa Code Ann. § 714H.2(5))). As discussed above, see Section III(a)(ii)(1), Plaintiff did not adequately allege that a reasonable consumer would find the Brownie Mix label misleading.”
Chapman v. Gen. Motors LLC (E.D. Mich. 2023). “See Iowa Code § 714H.2(3). (f) Michigan i. Unjust Enrichment [Count X.”
John Dostart & Deena Dostart v. Columbia Ins. Grp. (Iowa Ct. App. 2024). “§ 714H.2(5). Given the breadth of conduct that could lead to a consumer-fraud judgment compared to common-law fraud, the holding in Yegge that common-law fraud is not accidental conduct does not control here.”
Senahid Becirovic & Hajreta Becirovic v. Nedzad Malic & Aisa Malic (Iowa Ct. App. 2024). “, the Iowa Private Right of Action for Consumer Frauds Act (IPRACFA), gives consumers subject to certain unfair and deceptive acts and practices a private right of action”; the Becirovics “are both defined as ‘consumers’ pursuant to Iowa Code 714H.2(3)”; the Malics are “not in…”
— Iowa Code § 714H.2(1) — 4 cases
Panther Deng v. Curtis White, Fam. Plan 2000, & JACD-S Inc. (Iowa Ct. App. 2019). “” “‘Actual damages’ means all compensatory damages proximately caused by the prohibited practice or act that are reasonably ascertainable in amount. ‘Actual 11 damages’ does not include damages for bodily injury, pain and suffering, mental distress, or loss of consortium, loss…”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa Ct. App. 2020). “” Iowa Code § 714H.2(1). “‘Proximately caused’ or proximate causation is a legal term of art that refers to the ‘scope of liability.”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa 2021). “§ 714H.2(1). In addition, section 714H.5(4) provides exemplary damages for “willful and wanton disregard for the rights or safety of another.”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa 2021). “§ 714H.2(1). In addition, section 714H.5(4) provides exemplary damages for “willful and wanton disregard for the rights or safety of another.”
— Iowa Code § 714H.2(3) — 2 cases
Chapman v. Gen. Motors LLC (E.D. Mich. 2023). “See Iowa Code § 714H.2(3). (f) Michigan i. Unjust Enrichment [Count X.”
Senahid Becirovic & Hajreta Becirovic v. Nedzad Malic & Aisa Malic (Iowa Ct. App. 2024). “, the Iowa Private Right of Action for Consumer Frauds Act (IPRACFA), gives consumers subject to certain unfair and deceptive acts and practices a private right of action”; the Becirovics “are both defined as ‘consumers’ pursuant to Iowa Code 714H.2(3)”; the Malics are “not in…”
— Iowa Code § 714H.2(5) — 3 cases
Detmer v. La'James Coll. of Hairstyling, Inc. (Iowa Ct. App. 2021). “” Iowa Code § 714H.2(5). “‘Unfair practice’ means an act or practice which causes substantial, unavoidable injury to consumers that is not outweighed by any consumer or competitive benefits which the practice produces.”
Huston v. Conagra Brands, Inc. (C.D. Ill. 2022). “representation to determine its likelihood to mislead (quoting Iowa Code Ann. § 714H.2(5))). As discussed above, see Section III(a)(ii)(1), Plaintiff did not adequately allege that a reasonable consumer would find the Brownie Mix label misleading.”
John Dostart & Deena Dostart v. Columbia Ins. Grp. (Iowa Ct. App. 2024). “§ 714H.2(5). Given the breadth of conduct that could lead to a consumer-fraud judgment compared to common-law fraud, the holding in Yegge that common-law fraud is not accidental conduct does not control here.”
— Iowa Code § 714H.2(6) — 1 case
Cheryl Albaugh v. The Reserve, 930 N.W.2d 676 (Iowa 2019). “§ 714H.2(6). Albaugh claims the Reserve committed consumer fraud in 2015 by prioritizing the sale of the units it held for a low entrance fee and later leasing units to residents without an entrance fee or supplemental amount.”
— Iowa Code § 714H.2(9) — 2 cases
Cheryl Albaugh v. The Reserve, 930 N.W.2d 676 (Iowa 2019). “§ 714H.2(6). Albaugh claims the Reserve committed consumer fraud in 2015 by prioritizing the sale of the units it held for a low entrance fee and later leasing units to residents without an entrance fee or supplemental amount.”
Detmer v. La'James Coll. of Hairstyling, Inc. (Iowa Ct. App. 2021). “” Iowa Code § 714H.2(5). “‘Unfair practice’ means an act or practice which causes substantial, unavoidable injury to consumers that is not outweighed by any consumer or competitive benefits which the practice produces.”
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