Rule 1.274 - Relief afforded1. 274(1) The court may award any form of relief consistent with the certification order to which the party in whose favor it is rendered is entitled including equitable, declaratory, monetary, or other relief to individual members of the class or the class in a lump sum or installments.1. 274(2) Damages fixed by a minimum measure of recovery provided by any statute may not be recovered in a class action.1. 274(3) If a class is awarded a judgment for money, the distribution shall be determined as follows: a. The parties shall list as expeditiously as possible all members of the class whose identity can be determined without expending a disproportionate share of the recovery.b. The reasonable expense of identification and distribution shall be paid, with the court's approval, from the funds to be distributed.c. The court may order steps taken to minimize the expense of identification.d. The court shall supervise, and may grant or stay the whole or any portion of, the execution of the judgment and the collection and distribution of funds to the members of the class as their interests warrant.e. The court shall determine what amount of the funds available for the payment of the judgment cannot be distributed to members of the class individually because they could not be identified or located or because they did not claim or prove the right to money apportioned to them. The court after a hearing shall distribute that amount, in whole or in part, to one or more states as unclaimed property or to the defendant or to the Iowa Supreme Court Lawyer Trust Account Commission.f. In determining the amount, if any, to be distributed to a state or to the defendant, the court shall consider the following criteria: (1) Any unjust enrichment of the defendant.(2) The willfulness or lack of willfulness on the part of the defendant.(3) The impact on the defendant of the relief granted.(4) The pendency of other claims against the defendant.(5) Any criminal sanction imposed on the defendant.(6) The loss suffered by the plaintiff class.g. The court, in order to remedy or alleviate any harm done, may impose conditions respecting the use of the money distributed to the defendant.h. Any amount to be distributed to a state shall be distributed as unclaimed property to any state in which are located the last-known addresses of the members of the class to whom distribution could not be made. If the last-known addresses cannot be ascertained with reasonable diligence, the court may determine by other means what portion of the unidentified or unlocated members of the class were residents of a state. A state shall receive that portion of the distribution that its residents would have received had they been identified and located. Before entering an order distributing any part of the amount to a state, the court shall give written notice of its intention to make distribution to the attorney general of the state of the residence of any person given notice under rule 1.266 or 1.271 and shall afford the attorney general an opportunity to move for an order requiring payment to the state.Report 1980; October 31,1997, effective January 24, 1998; November 9,2001, effective February 15,2002; amended temporarily effective September 14, 2017 and permanently effective November 14, 2017.