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House File 2322

Discussion in 'Civil Court, Procedure & Litigation' started by picnue, Sep 20, 2007.

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  1. picnue

    picnue Law Topic Starter New Member

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    I am asking about the interpretation of this Bill. It states " Current Code language in Code section 537.3310 provides
    1 33 that a creditor may recover only what charges are attributable
    1 34 to what has actually been performed under the contract. The
    1 35 bill adds that the creditor may only retain such charges, as
    2 1 well.In addition, the bill states that subsections 1 through 4
    2 3 of Code section 537.3310 apply to all contracts for wireless
    2 4 communications service of four months or more in length.
    2 5 "Wireless communications service" is given the same meaning as
    2 6 in Code section 34A.7A. That Code section addresses the
    2 7 surcharge for E911 service, and the definition includes
    2 8 cellular telephones and personal communications service. This
    2 9 new subsection would mean wireless communications customers
    2 10 could cancel a contract after four months of service, by
    2 11 mailed or delivered written notice of cancellation. A
    2 12 wireless communications service provider could not exercise a
    2 13 right to accelerate the terms of the contract upon such
    2 14 termination, or otherwise retain or recover amounts other than
    2 15 what had been earned for performance of services to that date." (http://www.legis.state.ia.us/GA/79GA/Legislation/HF/02300/HF02322/Current.html)
    I interpret this meaning that the company can only charge for the services after the contract is canceled the late charge that they attempt to charge is not applicable.

    Is this a correct interpretation or am I reading to far into this law.

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