Iowa Senate Bill SF2239

Iowa 2023-2024 Regular Session

• Introduced: 2/7/24
• Refer: 2/7/24

Caption

A bill for an act relating to telemarketing consumer frauds and modifying civil penalties.

Impact

The implications of SF2239 on state laws are significant as it amends the previous legal framework governing consumer protection. By instituting higher penalties specifically for telemarketing fraud, the bill aims to deter such unlawful conduct and offer greater protection to consumers from misleading or fraudulent telemarketing tactics. Moreover, the legislation provides a mechanism for consumers to seek reimbursement for losses incurred due to such practices without needing to prove intent or reliance on the misleading information provided by telemarketers.

Summary

Senate File 2239 is a legislative proposal aimed at addressing telemarketing consumer fraud by modifying existing civil penalties associated with unlawful practices in this arena. The bill seeks to enhance the enforcement capabilities of the attorney general by allowing for significant monetary penalties against individuals or entities that engage in deceptive practices when soliciting consumers over the phone. Specifically, it introduces a maximum civil penalty of up to $80,000 per violation when fraudulent acts are conducted through telemarketing, which is double the penalty for other unlawful acts not conducted via telephone.

Contention

Debates surrounding this bill highlight a key contention regarding the balance between consumer protection and potential overregulation of businesses engaged in legitimate telemarketing efforts. Critics of the proposed penalties fear that the higher financial stakes could inadvertently penalize companies that may unintentionally violate the law or misinterpret regulations. Supporters, however, argue that the enhanced penalties are necessary to safeguard consumers from predatory practices and to hold accountable those who exploit vulnerable populations through misleading telemarketing schemes. The success of the bill may depend on clear guidelines being established to differentiate between deceptive practices and legitimate marketing efforts.