(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, such person:
(a) Commits any of the following acts pertaining to the sale or lease of a motor vehicle, used motor vehicle, powersports vehicle, or used powersports vehicle:
(I) Guarantees to a purchaser or lessee of a motor vehicle, used motor vehicle, powersports vehicle, or used powersports vehicle who conditions the purchase or lease on the approval of a consumer credit transaction as defined in section 5-1-301 (12) that such purchaser or lessee has been approved for a consumer credit transaction if the approval is not final. For purposes of this subsection (1)(a)(I), guarantee means a written document or oral representation between the purchaser or lessee and the person selling or leasing the vehicle that leads such purchaser or lessee to a reasonable good faith belief that the financing of the vehicle is certain.
(II) Accepts a used vehicle as a trade-in on the purchase or lease of a motor vehicle, used motor vehicle, powersports vehicle, or used powersports vehicle and sells or leases the vehicle that has been traded in before the purchaser or lessee has been approved for a consumer credit transaction as defined in section 5-1-301 (12) if the approval is a condition of the purchase or lease;
(III) Fails to return to the consumer any collateral or down payment tendered by the consumer conditioned upon a guarantee by a motor vehicle dealer, used motor vehicle dealer, powersports vehicle dealer, or used powersports vehicle dealer that a consumer credit transaction as defined in section 5-1-301 (12) has been approved if the approval was a condition of the sale or lease and if the financing is not approved and the consumer is required to return the vehicle;
(b) Fails to disclose in writing, prior to sale, to the purchaser that a motor vehicle is a salvage vehicle, as defined in section 42-6-102 (17), or that a vehicle was repurchased by or returned to the manufacturer from a previous owner for inability to conform the motor vehicle to the manufacturer's warranty in accordance with article 10 of title 42 or with any other state or federal motor vehicle warranty law, or knowingly fails to disclose in writing, prior to sale, to the purchaser that a motor vehicle or powersports vehicle has sustained material damage at any one time from any one incident.
(2) For purposes of this section, if a motor vehicle or used motor vehicle dealer guarantees financing and if approval for financing is a condition of the sale or lease, such motor vehicle or used motor vehicle dealer shall not retain any portion of such purchaser's down payment or any trade-in vehicle as payment of rent on any vehicle released by such dealer to such purchaser pending approval of financing even if such dealer has obtained a waiver of such purchaser's right to return a vehicle or has contracted for a rental agreement with such purchaser.
Source: L. 99: Entire part added with relocations, p. 650, � 2, effective May 18. L. 2000: (1)(a) and (2) amended, p. 244, � 3, effective March 30; (1)(a) amended, p. 1871, � 104, effective August 2. L. 2001: (1)(a) amended, p. 1265, � 2, effective June 5. L. 2007: (1)(b) amended, p. 2018, � 5, effective June 1. L. 2017: (1) amended, (SB 17-240), ch. 395, p. 2064, � 45, effective July 1.
Editor's note: (1) Subsection (1)(a) is similar to former � 6-1-105 (1)(ff)(I), subsection (1)(b) is similar to former � 6-1-105 (1)(ii), and subsection (2) is similar to former � 6-1-105 (1)(ff)(II), as they existed prior to 1999.
(2) Amendments to subsection (1)(a) by Senate Bill 00-080 and House Bill 00-1463 were harmonized.
6-1-709. Sales of manufactured and tiny homes - deceptive trade practices. A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person engages in conduct that constitutes an unlawful manufactured home sales practice or an unlawful tiny home sales practice, as either sales practice is described in section 24-32-3326.
Source: L. 99: Entire part added with relocations, p. 651, � 2, effective May 18. L. 2003: Entire section amended, p. 550, � 5, effective March 5. L. 2022: Entire section amended, (HB 22-1242), ch. 172, p. 1136, � 26, effective August 10.
Editor's note: (1) This section is similar to former � 6-1-105 (1)(qq), as it existed prior to 1999.
(2) Section 6-1-105 (1)(qq) as amended by House Bill 99-1270 was harmonized with Senate Bill 99-143 and relocated to this section.
6-1-710. Trafficking of false airbag - deceptive trade practices - criminal liability - definitions. (1) A person engages in a deceptive trade practice when the person knowingly or intentionally manufactures, imports, distributes, sells, offers for sale, installs, or reinstalls a device intended to replace a supplemental restraint system component if the device is:
(a) A counterfeit supplemental restraint system component;
(b) A nonfunctional airbag; or
(c) Any object in lieu of a supplemental restraint system component that was not designed in accordance with federal safety regulations for the make, model, and year of the motor vehicle in which it is or will be installed.
(2) Any person who violates subsection (1) of this section commits a class 1 misdemeanor.
(3) As used in this section:
(a) Airbag means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.
(b) Counterfeit supplemental restraint system component means a replacement supplemental restraint system component that displays a mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier.
(c) Nonfunctional airbag means a replacement airbag that:
(I) Was previously deployed or damaged;
(II) Has an electric fault that is detected by the motor vehicle's diagnostic systems when the installation procedure is completed and the motor vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;
(III) Includes a part or object, including a supplemental restraint system component, installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or
(IV) Is prohibited from being sold or leased in accordance with 49 U.S.C. sec. 30120 (j).
(d) Supplemental restraint system means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with active restraint systems as described in 49 CFR 571.208. A supplemental restraint system includes:
(I) Each airbag installed in accordance with the motor vehicle manufacturer's design; and
(II) All components required to ensure that an airbag operates as designed in the event of a crash and in accordance with the federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle.
Source: L. 2002: Entire section added, p. 197, � 3, effective July 1. L. 2021: (1) amended and (3) added, (HB 21-1193), ch. 148, p. 865, � 1, effective September 7; (2) amended, (SB 21-271), ch. 462, p. 3134, � 57, effective March 1, 2022.
6-1-711. Restrictions on credit card receipts - legislative declaration - application - definitions. (1) The general assembly hereby finds, determines, and declares that credit, particularly the use of credit cards, is an important tool for consumers in today's economy. Unscrupulous persons often fraudulently use the credit card accounts of others by stealing the credit card itself or obtaining the necessary information to fraudulently charge the purchase of goods and services to another person's credit card account. The general assembly, therefore, finds, determines, and declares that protection from unauthorized use of credit card accounts is necessary.
(2) No person that accepts credit cards for the transaction of business shall print more than the last five digits of the credit card account number or print the credit card expiration date, or both, on a credit card receipt.
(3) This section shall apply only to receipts that are electronically printed and shall not apply to transactions in which the sole means of recording the credit card number is by handwriting or by an imprint or copy of the credit card.
(4) For the purposes of this section, credit card means a card or device existing for the purpose of obtaining money, property, labor, or services on credit; those cards pursuant to which unpaid balances are payable upon demand; and any card or device used to withdraw moneys from a bank account.
(5) (a) Except as provided in paragraph (c) of this subsection (5), this section shall apply to any entity formed on and after April 25, 2002, that uses a cash register or any other machine or device that electronically imprints receipts on credit card transactions and is placed into service on or after April 25, 2002.
(b) Except as provided in paragraph (c) of this subsection (5), on and after January 1, 2004, this section shall apply to any cash register and any other machine or device that electronically imprints receipts on credit card transactions for entities that were formed on or before April 25, 2002.
(c) On and after January 1, 2005, this section shall apply to:
(I) Institutions of higher education; and
(II) Persons who employ no more than twenty-five employees or who have generated no more than five million dollars annually in revenues from the person's business activities.
Source: L. 2002: Entire section added, p. 379, � 1, effective April 25. L. 2006: (2) amended, p. 1324, � 10, effective July 1.
6-1-712. Discount health plan and cards - deceptive trade practices - definitions. (1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person:
(a) Solicits, markets, advertises, promotes, or sells to a consumer residing in Colorado a discount health plan and such plan materials:
(I) Fail to provide to the consumer a clear and conspicuous disclosure that the discount health plan is not insurance and that the plan only provides for discount health-care services from participating providers within the plan;
(II) Fail to provide the name, address, and telephone number of the administrator of the discount health plan;
(III) Fail to make available to the consumer through a toll-free telephone number, upon request of the consumer, a complete and accurate list of the participating providers within the plan in the consumer's local area and a list of the services for which the discounts are applicable. Such list shall be available to the consumer upon request commencing with the time of purchase and shall be updated at least every six months.
(IV) Fail to use common usage for words and phrases in describing the discounts or access to discounts offered, and such failure results in representations of the discounts that are misleading, deceptive, or fraudulent;
(V) Fail to provide to the consumer notice of the right to cancel such discount health plan pursuant to paragraph (c) of this subsection (1);
(b) Offers discounted health services or products that are not authorized by a contract with each provider listed in conjunction with the discount health plan;
(c) Fails to allow a purchaser of a discount health plan to cancel such plan within thirty days after purchase;
(d) Fails to refund all membership fees paid to the discount health plan by the consumer within thirty days after timely notification of the cancellation of the plan to the discount health plan administrator pursuant to paragraph (c) of this subsection (1).
(2) The provisions of this section shall not apply to:
(a) A carrier as defined in section 10-16-102 (8), C.R.S., that offers discounts for services to a covered person, as defined in section 10-16-102 (15), C.R.S., and such services are supplemental to and not part of the health coverage plan of the carrier;
(b) A medicare endorsed drug card as approved by the federal centers for medicare and medicaid services pursuant to the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173.
(3) For the purposes of this section, unless the context otherwise requires:
(a) Health-care services has the same meaning as in section 10-16-102 (33), C.R.S.
(b) Provider has the same meaning as in section 10-16-102 (56), C.R.S.
Source: L. 2004: Entire section added, p. 968, � 8, effective May 21. L. 2013: (2)(a), (3)(a), and (3)(b) amended, (HB 13-1266), ch. 217, p. 984, � 38, effective May 13. L. 2023: (2)(b) amended, (HB 23-1301), ch. 303, p. 1815, � 3, effective August 7.