Iowa Code Sections 537.7101 to 537.7103 mirror the Fair Debt Collection Practices Act (FDCPA), which includes rules such as:
- Collectors cannot trick you into paying for collect calls or telegrams
- Debt collectors cannot threaten and misrepresent who they are or what their company does
- Collectors cannot send correspondence in postcard form and can only display the agency’s name and address on the envelope
- You cannot be charged additional fees from a collector for your debt
- Collectors cannot publish or post your name
- If you are being represented by an attorney, the collector or agency must work through that attorney and not you
- You can only be contacted by a collector between 8am and 9pm (unless you’ve agreed to another time)
- You have up to 30 days to dispute a debt--once the written dispute is set in motion the collector cannot contact you until it provides you with documentation
Consumers in Iowa have the right to sue a debt collection agency if it violates the law. You can receive up to $1,000 in damages for a successful lawsuit, which covers attorney fees and actual expenses.
Iowa Statue of Limitations (SOL)
Iowa has a five-year statue of limitation (SOL) on open accounts such as credit cards. For written contracts creditors can pursue you for up to 10 years.
In Iowa, the only way creditors can collect unpaid debt is through wage garnishment. Federal law applies in terms of exemptions and non exemptions:
- Social Security is protected under federal law
- Pensions and retirement benefits--Iowa protects pensions from not only police, fire and state workers, but also private pensions are protected
- Public benefits/assistance-- almost every public assistance type is protected in Iowa such as workers’ compensation, unemployment, aid to families with dependent children and disability
- Although some insurance and disability benefits are protected, Iowa only allows for protection up to a certain dollar amount
Iowa Credit Card Debt Relief Act of 2010
The Iowa Credit Card Debt Relief Act of 2010 has streamlined the methods for repaying debt and regulated how collectors work with debtors. The Act has impacted debt relief collections several ways:
- The number of fraudulent or weak performing credit card companies are gone
- Reduces the chances of falling victim to fraudulent debt settlement companies due to new Federal Trade Commission (FTC) reforms
- Increased, open communication from creditors--more information is provided to help you eliminate your loans
- Debt settlement companies cannot request upfront fees from clients