Iowa 2025-2026 Regular Session

Iowa House Bill HF210

Introduced
2/6/25  

Caption

A bill for an act regulating litigation financing contracts, and including effective date and applicability provisions.

Summary

HF 210 creates the “Litigation Financing Transparency and Consumer Protection Act” and establishes a new regulatory framework for third-party litigation financing in Iowa. The bill defines litigation financing and litigation financing contracts, then requires any person engaging in this business in the state to register with the secretary of state. Registration would require detailed identifying information about the financer and, for entities, information about significant owners and control persons. The secretary of state would also be authorized to set forms, fees, and rules, and all filed registration materials would be public records. The bill also imposes extensive conduct rules and disclosure requirements on litigation financers. It prohibits referral fees, legal advice, interference in case strategy or settlement, assignment of contracts, misleading advertising, credit reporting for unpaid balances, and payments above 25 percent of any recovery. Contracts must be fully completed, written, and include prominent consumer disclosures, including a five-business-day cancellation right and notice that the financer has no control over the case. Consumers and their legal representatives must disclose the financing contract to other parties, the court, and known indemnitors or insurers, and the existence of the contract becomes discoverable. The bill also applies to class actions, imposes fiduciary-duty language for financers in that setting, and makes financers jointly and severally liable for costs or sanctions assessed against the consumer in the covered matter. HF 210 would change Iowa law by adding a new chapter to the Iowa Code governing litigation financing, with enforcement consequences for noncompliance. A violation would render the contract unenforceable by the financer or its successor, and charging interest above the limits in chapter 535 would trigger usury penalties. The bill takes effect January 1, 2026, and applies to covered actions pending on or commenced after that date. It also carves out exemptions for certain nonprofit arrangements, some business entities that do not take a recovery-based interest, and regulated lenders that do not receive a contingent right to proceeds. The general sentiment reflected in the bill text is consumer-protection oriented: it is framed as a transparency measure meant to limit abusive practices, prevent conflicts of interest, and ensure borrowers understand the terms of litigation funding. The absence of recorded committee testimony or votes makes it difficult to identify broader political support or opposition, but the bill’s structure suggests an effort to regulate rather than ban the industry. The main points of contention likely concern the scope and burden of regulation. Potentially controversial provisions include mandatory public registration, broad disclosure to opposing parties and courts, the 25 percent cap on recovery, joint and several liability for costs and sanctions, and the prohibition on any financer influence over litigation decisions. Industry participants may view these requirements as overly restrictive, while consumer advocates may support them as necessary safeguards against predatory funding and hidden control over lawsuits.

Impact

The bill would add a new Iowa Code chapter, 537C, governing litigation financing contracts and litigation financers. It would require registration with the secretary of state, create public filing obligations, regulate contract terms and disclosures, restrict financing practices, and authorize administrative rulemaking. It also would make noncompliant contracts unenforceable and subject certain excessive-interest arrangements to existing usury law under chapter 535. The law would affect litigation financers, consumers seeking lawsuit funding, attorneys representing those consumers, and parties, insurers, and courts involved in covered civil or administrative proceedings.

Sentiment

The bill appears generally favorable toward consumer protection and transparency, with its stated purpose focused on limiting abuse in third-party litigation funding. Because there are no committee transcripts or recorded votes in the provided material, there is no direct evidence of floor or committee sentiment beyond the bill’s text and status. The fact that it was tabled until a future meeting suggests it had not yet advanced to final consideration and may have required further discussion.

Contention

The most notable likely areas of contention are the regulatory burdens placed on litigation financers and the bill’s limits on how they can structure and recover on funding agreements. The 25 percent cap on recovery, the requirement that contracts be publicly registered and disclosed to opposing parties, and the rule making financers jointly and severally liable for costs or sanctions could be viewed as especially restrictive. Another possible point of dispute is the breadth of the definition of litigation financing and whether the exemptions for nonprofits, certain business entities, and regulated lenders are sufficiently clear or too narrow.

Companion Bills

IA SF54

Similar To A bill for an act regulating litigation financing contracts, and including effective date and applicability provisions.(See SF 586, SF 2419.)

IA SF586

Similar To A bill for an act relating to third-party litigation funding and including applicability provisions.(Formerly SF 54; See SF 2419.)

IA SF2419

Similar To A bill for an act relating to third-party litigation funding and including applicability provisions.(Formerly SF 586, SF 54.)

Previously Filed As

IA SSB1122

A bill for an act regulating litigation financing contracts, and including effective date and applicability provisions.

IA SF54

A bill for an act regulating litigation financing contracts, and including effective date and applicability provisions.(See SF 586, SF 2419.)

IA SF53

A bill for an act prohibiting litigation financing contracts, and including effective date and applicability provisions.

IA SF2419

A bill for an act relating to third-party litigation funding and including applicability provisions.(Formerly SF 586, SF 54.)

IA SF586

A bill for an act relating to third-party litigation funding and including applicability provisions.(Formerly SF 54; See SF 2419.)

IA SF449

A bill for an act relating to digital financial asset transaction kiosks and including penalties, and effective date and applicability provisions. (Formerly SSB 1142.) Effective date: 05/19/2025. Applicability date: 07/01/2025.

IA HSB784

A bill for an act relating to state government and finances, including by making corrections, and including effective date and retroactive applicability provisions.(See HF 2800.)

IA HF2500

A bill for an act relating to contracts entered into by state agencies and including applicability provisions. (Formerly HSB 583.) Effective date: 07/01/2026. Applicability date: 07/01/2026.

IA HF2676

A bill for an act relating to health-related matters, including health-related professions, nutrition, medication, and education, and including effective date and applicability provisions. (Formerly HSB 694.) Effective Date: Conditional, 07/01/2026. Applicability date: 07/01/2027.

IA SSB1203

A bill for an act creating a specialty business court, providing fees, and including effective date and applicability provisions.(See SF 570, SF 639.)

Similar Bills

No similar bills found.