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 it deems necessary to protect the public from further violations, including temporary and permanent injunctive relief.
2. If the court finds that a person has violated this chapter and the consumer is awarded actual damages, the court shall award to the consumer the costs of the action and to the consumer’s attorney reasonable fees. Reasonable attorney fees shall be determined by the value of the time reasonably expended by the attorney including but not limited to consideration of the following factors:
a. The time and labor required.
b. The novelty and difficulty of the issues in the case.
c. The skills required to perform the legal services properly.
d. The preclusion of other employment by the attorney due to the attorney’s acceptance of the case.
e. The customary fee.
f. Whether the fee is fixed or contingent.
g. The time limitations imposed by the client or the circumstances of the case.
h. The amount of money involved in the case and the results obtained.
i. The experience, reputation, and ability of the attorney.
j. The undesirability of the case.
k. The nature and length of the professional relationship between the attorney and the client.
l. Attorney fee awards in similar cases.
3. In order to recover damages, a claim under this section shall be proved by a preponderance of the evidence.
4. If the finder of fact finds by a preponderance of clear, convincing, and satisfactory evidence that a prohibited practice or act in violation of this chapter constitutes willful and wanton disregard for the rights or safety of another, in addition to an award of actual damages, statutory damages up to three times the amount of actual damages may be awarded to a prevailing consumer.
5. An action pursuant to this chapter must be brought within two years of the occurrence of the last event giving rise to the cause of action under this chapter or within two years of the discovery of the violation of this chapter by the person bringing the action, whichever is later.
6. This section shall not affect a consumer’s right to seek relief under any other theory of law.
7. A person shall not be held liable in any action brought under this section for a violation of this chapter if the person shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error. 2009 Acts, ch 167, §5, 9 Referred to in §321.69A \n
Notes of Decisions
In re Gen. Motors LLC, 339 F. Supp. 3d 262 (S.D. Ill. 2018).
· cites it 2× “" Iowa Code Ann. § 714H.5. The Act itself defines "actual damages" as "all compensatory damages proximately caused by the prohibited practice or act that are reasonably ascertainable in amount.”
In re Myford Touch Consum. Litig., 46 F. Supp. 3d 936 (N.D. Cal. 2014).
“g,, Iowa Code § 714H.5(5) ("An action pursuant to this chapter must be brought within two years of the occurrence of the last event giving rise to the cause of action under this chapter or within two years of the discovery of the violation of this chapter by the person bringing…”
Montoya v. CRST Expedited, Inc., 311 F. Supp. 3d 411 (D.D.C. 2018).
“See Iowa Code Ann. § 714H.5(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.”
Bradshaw Renovations, LLC v. Barry Graham & Jacklynn Graham (Iowa Ct. App. 2024).
· cites it 26× “The Grahams counterclaimed for breach of contract and consumer fraud under Iowa Code section 714H.5 (2020). After a trial, the jury rejected Bradshaw Renovations’ breach-of-contract claim and found for the Grahams on their claims, awarding them actual and treble statutory…”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa 2021).
· cites it 18× “Because the work was “authorized,” the court of appeals majority held that that the Pollers 16 could not prove “actual damages” under Iowa Code section 714H.5. In support of its holding, the court of appeals majority cited a footnote in Kaskin v.”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa 2021).
· cites it 18× “Because the work was “authorized,” the court of appeals majority held that that the Pollers 16 could not prove “actual damages” under Iowa Code section 714H.5. In support of its holding, the court of appeals majority cited a footnote in Kaskin v.”
Panther Deng v. Curtis White, Fam. Plan 2000, & JACD-S Inc. (Iowa Ct. App. 2019).
· cites it 11× “That chapter does not contain the same “shall be by equitable proceedings” language; rather, section 714H.5, as the Iowa Supreme Court later mentions in McKee, “establishes a private right of action: ‘A consumer who suffers an ascertainable loss of money or property as the…”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa Ct. App. 2020).
· cites it 8× “Iowa Code section 714H.5 states, “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.”
— Iowa Code § 714H.5(1) — 17 cases
In re Gen. Motors LLC, 339 F. Supp. 3d 262 (S.D. Ill. 2018).
“" Iowa Code Ann. § 714H.5. The Act itself defines "actual damages" as "all compensatory damages proximately caused by the prohibited practice or act that are reasonably ascertainable in amount.”
Montoya v. CRST Expedited, Inc., 311 F. Supp. 3d 411 (D.D.C. 2018).
“See Iowa Code Ann. § 714H.5(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.”
Panther Deng v. Curtis White, Fam. Plan 2000, & JACD-S Inc. (Iowa Ct. App. 2019).
“That chapter does not contain the same “shall be by equitable proceedings” language; rather, section 714H.5, as the Iowa Supreme Court later mentions in McKee, “establishes a private right of action: ‘A consumer who suffers an ascertainable loss of money or property as the…”
— Iowa Code § 714H.5(2) — 6 cases
Bradshaw Renovations, LLC v. Barry Graham & Jacklynn Graham (Iowa Ct. App. 2024).
“The Grahams counterclaimed for breach of contract and consumer fraud under Iowa Code section 714H.5 (2020). After a trial, the jury rejected Bradshaw Renovations’ breach-of-contract claim and found for the Grahams on their claims, awarding them actual and treble statutory…”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa 2021).
“Because the work was “authorized,” the court of appeals majority held that that the Pollers 16 could not prove “actual damages” under Iowa Code section 714H.5. In support of its holding, the court of appeals majority cited a footnote in Kaskin v.”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa 2021).
“Because the work was “authorized,” the court of appeals majority held that that the Pollers 16 could not prove “actual damages” under Iowa Code section 714H.5. In support of its holding, the court of appeals majority cited a footnote in Kaskin v.”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa Ct. App. 2020).
“Iowa Code section 714H.5 states, “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.”
— Iowa Code § 714H.5(3) — 1 case
Panther Deng v. Curtis White, Fam. Plan 2000, & JACD-S Inc. (Iowa Ct. App. 2019).
“That chapter does not contain the same “shall be by equitable proceedings” language; rather, section 714H.5, as the Iowa Supreme Court later mentions in McKee, “establishes a private right of action: ‘A consumer who suffers an ascertainable loss of money or property as the…”
— Iowa Code § 714H.5(4) — 7 cases
Bradshaw Renovations, LLC v. Barry Graham & Jacklynn Graham (Iowa Ct. App. 2024).
“The Grahams counterclaimed for breach of contract and consumer fraud under Iowa Code section 714H.5 (2020). After a trial, the jury rejected Bradshaw Renovations’ breach-of-contract claim and found for the Grahams on their claims, awarding them actual and treble statutory…”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa 2021).
“Because the work was “authorized,” the court of appeals majority held that that the Pollers 16 could not prove “actual damages” under Iowa Code section 714H.5. In support of its holding, the court of appeals majority cited a footnote in Kaskin v.”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa 2021).
“Because the work was “authorized,” the court of appeals majority held that that the Pollers 16 could not prove “actual damages” under Iowa Code section 714H.5. In support of its holding, the court of appeals majority cited a footnote in Kaskin v.”
Al Poller & Deb Poller v. Okoboji Classic Cars, LLC (Iowa Ct. App. 2020).
“Iowa Code section 714H.5 states, “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.”
— Iowa Code § 714H.5(5) — 1 case
In re Myford Touch Consum. Litig., 46 F. Supp. 3d 936 (N.D. Cal. 2014).
“g,, Iowa Code § 714H.5(5) ("An action pursuant to this chapter must be brought within two years of the occurrence of the last event giving rise to the cause of action under this chapter or within two years of the discovery of the violation of this chapter by the person bringing…”
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