Colo. Rev. Stat. § 6-1-728, Solicitation of fee for a deed or deed of trust

(1) As used in this section:

(a) Local government means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of them.

(b) Solicit or solicitation means to directly advertise or market through writing or graphics and via mail, telefax, or electronic mail to an individually identified person, residence, or business location. Solicit and solicitation do not include any of the following:

(I) Communicating via telephone, mail, or electronic communication, if initiated by a consumer; or

(II) Advertising and marketing to those with whom the solicitor has a preexisting business relationship.

(c) State agency means any office, department, or independent agency in the executive branch of Colorado state government, the general assembly, or the courts.

(2) A person who solicits a fee for providing a copy of a deed or deed of trust shall:

(a) Not less than fifteen days before distributing a solicitation, furnish a copy of the document that will be used for the solicitation to each county clerk and recorder where the solicitation is to be distributed;

(b) Not charge a fee of more than four times the amount charged by the county clerk and recorder that has custody of the deed or deed of trust for a copy of the same deed or deed of trust; and

(A) That the solicitation is not from a state agency or local government;

(B) That no action is legally required of the person being solicited;

(C) The fee for, or the cost of, obtaining a copy of the deed or deed of trust from the county clerk and recorder that has custody of the deed or deed of trust;

(D) The information necessary to contact the county clerk and recorder that has custody of the deed or deed of trust; and

(E) The name and physical address of the person soliciting the fee.

(II) The document used for a solicitation must not be in a form or use deadline dates or other language that makes the document appear to be a document issued by a state agency or local government or that appears to impose a legal duty on the individual being solicited.

(3) Only the attorney general or district attorney may bring an action against a person who violates this section. The penalties specified in section 6-1-112 apply to the action.

Source: L. 2018: Entire section added, (HB 18-1154), ch. 136, p. 892, � 1, effective August 8.

6-1-729. Assisted living residence referral - disclosures - penalty - fine - definitions. (1) As used in this section, unless the context otherwise requires:

(a) (I) Assisted living residence means a residential facility that makes available to three or more adults not related to the owner of the facility, either directly or indirectly through an agreement with a resident, room and board and at least the following services: Personal services; protective oversight; social care due to impaired capacity to live independently; and regular supervision that is available on a twenty-four-hour basis.

(II) Assisted living residence includes a facility operated for persons with intellectual and developmental disabilities, a long-term care facility, and any other facility of a similar nature.

(b) Referral agency means an individual or entity that provides referrals to an assisted living residence for a fee that is collected from either the prospective resident or the assisted living residence. Referral agency does not include an assisted living residence or its employees; a resident's family member; or a resident of an assisted living residence, regardless of whether the resident who refers a prospective resident to an assisted living residence receives a discount or other remuneration from the assisted living residence.

(2) A referral agency shall disclose to a prospective resident or the representative of the prospective resident referred to an assisted living residence:

(a) Documentation of the existence of any relationships between the referral agency and the assisted living residence, including common ownership or control of the assisted living residence, and financial, business, management, or familial relationships between the referral agency and the assisted living residence;

(b) That the referral agency receives a fee from the assisted living residence for the referral; and

(c) Written documentation of the agreement between the referral agency and the prospective resident or representative of the prospective resident. The agreement must include:

(I) The right of the prospective resident or representative of the prospective resident to terminate the referral agency's services for any reason at any time; and

(II) A requirement that the referral agency communicate the cancellation of the agreement to all assisted living residences to which the prospective resident has been referred.

(3) (a) The referral agency and the prospective resident or representative of the prospective resident shall sign and date the documentation required in subsection (2) of this section. The referral agency shall provide a written or electronic copy of the signed disclosure to the assisted living residence on or before the date the resident is admitted to the assisted living residence.

(b) The assisted living residence shall:

(I) Not pay the referral agency a fee:

(A) Until written receipt of the documentation required in subsection (2) of this section; and

(B) On or after the date the agreement between the referral agency and the prospective client or representative of the prospective client is terminated;

(II) Maintain a written or electronic copy of the documentation required in subsection (2) of this section at the assisted living residence for at least one year after the date that the new resident is admitted; and

(III) Not sell or transfer the prospective resident's or prospective resident's representative's contact information to a third party without the written consent of the prospective resident or representative of the prospective resident.

(4) A referral agency that violates this section is subject to a civil penalty of up to five hundred dollars per violation.

(5) The attorney general or a district attorney may bring a civil action on behalf of the state to seek the imposition of civil penalty for a violation of this section or to enjoin the continuance of the violation by the referral agency.

Source: L. 2019: Entire section added, (HB 19-1268), ch. 167, p. 1967, � 1, effective August 2. L. 2020: (1)(a), (2), and (3) amended, (HB 20-1101), ch. 54, p. 186, � 1, effective September 14.

6-1-730. Price gouging during declared disaster prohibited - deceptive trade practice - legislative declaration - definitions. (1) The general assembly hereby:

(a) Finds and determines that:

(I) Under ordinary conditions, the pricing of consumer goods and services generally is best left to the marketplace; except that, when a declared disaster results in abnormal disruptions of the market, the public interest requires that any unfair and unconscionable increase in the price of consumer goods or services be discouraged; and

(II) Protecting consumers from price gouging is a vital function of the state's interest in providing for the health, safety, and welfare of the public; and

(b) Declares that existing prohibitions on deceptive or unfair and unconscionable trade practices under this article 1 should be clarified to ensure that price gouging has been and remains a violation of this article 1.

(2) A person engages in an unfair and unconscionable act or practice when, during a disaster period and within the designated area, the person charges a price so excessive as to amount to price gouging in:

(a) The sale or offer for sale of:

(I) Building materials;

(II) Consumer food items;

(III) Emergency supplies;

(IV) Fuel;

(V) Medical supplies; or

(VI) Other necessities; or

(b) The provision of or offer to provide:

(I) Repair or reconstruction services;

(II) Transportation, freight, or storage services; or

(III) Services used in an emergency cleanup.

(2.5) If the governor declares a disaster emergency pursuant to section 24-33.5-704 (4) and the disaster emergency declaration cites to this subsection (2.5), a price increase in the sale or offer for sale of any good or service listed in subsection (2) of this section amounts to price gouging if the price has increased by more than ten percent of the price at which the seller sold or offered for sale similar goods or services before the disaster began or, if the seller did not sell or offer for sale similar goods or services before the disaster began, the price at which a similarly situated seller sold or offered for sale similar goods or services before the disaster began.

(3) A price shall not be considered unreasonably excessive if the seller can prove that, due to the events that gave rise to the disaster declaration, the price charged by the seller is directly attributable to additional costs imposed by the seller's supplier or suppliers or other direct costs of providing the good or service sold or offered for sale by the seller.

(3.5) For the purposes of subsection (2.5) of this section, a price shall not be considered unreasonably excessive if the seller can prove that the price charged by the seller is directly attributable to seasonal pricing.

(4) This section is enforceable solely by, and at the discretion of, the attorney general or the district attorney with jurisdiction over the conduct at issue.

(5) As used in this section:

(a) Building materials means lumber, construction tools, windows, and other materials used in the repair or reconstruction of a structure or other property.

(b) Consumer food item means an article used or intended for use as food, beverage, confection, or condiment for human or animal consumption.

(d) Disaster has the meaning set forth in section 24-33.5-703 (3).

(e) Disaster declaration means the declaration of:

(I) A national emergency by the president of the United States pursuant to the National Emergencies Act, 50 U.S.C. sec. 1601 et seq., as amended; or

(II) A disaster emergency by the governor pursuant to section 24-33.5-704 (4).

(f) Disaster period means the date a disaster declaration begins and continuing for one hundred eighty days after the date that the final disaster declaration concerning the disaster expires.

(g) Emergency supplies includes water, ice, flashlights, radios, batteries, candles, blankets, soap, diapers, temporary shelters, tape, toilet paper, tissues, paper towels, and toiletries.

(h) (I) Fuel means any liquid or gas used to power a vehicle or power tool or used to heat and power a building.

(II) Fuel includes gasoline, diesel fuel, and methyl alcohol.

(i) Medical device has the same meaning as device as set forth in section 25-5-402 (8).

(j) Medical supplies includes prescription and nonprescription medication, medical devices, bandages, gauze, isopropyl alcohol, and antibacterial products.

(k) Necessities means goods and services that are necessary for human or animal survival during a disaster period.

(l) Repair or reconstruction services means services performed to repair or reconstruct any type of vehicle; residential, commercial, agricultural, or government-owned property; or any property owned by an educational institution, that is damaged as a result of a disaster.

(m) (I) Transportation, freight, or storage services means a service that is performed by a person that:

(A) Contracts to move, transport, or store property; or

(B) Rents equipment for the purpose of moving, transporting, or storing property.

(II) Transportation, freight, or storage services includes towing services.

Source: L. 2020: Entire section added, (HB 20-1414), ch. 305, p. 1552, � 1, effective July 14. L. 2023: (5)(f) amended, (HB 23-1192), ch. 427, p. 2509, � 1, effective June 7. L. 2025: (2.5) and (3.5) added, (HB 25-1010), ch. 174, p. 726, � 2, effective August 6.

Editor's note: Section 5 of chapter 174 (HB 25-1010), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after August 6, 2025.

6-1-731. Contracts for dating services and online dating services - right of cancellation - remedy for violations - required notice regarding fraud bans - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Banned member means a member whose account or profile is the subject of a fraud ban.

(b) Buyer means an individual who purchases services from a dating service.

(c) (I) Dating service means any person that offers dating, matrimonial, or social referral services by any of the following means:

(A) An exchange of names, telephone numbers, addresses, and statistics;

(B) A photograph or video selection process;

(D) A social environment provided by the person intended primarily as an alternative to other singles' bars or club-type environments.

(II) Dating service includes an online dating service.

(d) (I) Dating service contract means a contract between a buyer and a dating service.

(II) Dating service contract includes an online dating service contract.

(e) Dating service office means the principal place of business of a dating service.

(f) Disability means a condition that precludes a buyer from physically using the services specified in a dating service contract during the term of disability, which condition is verified in writing by a physician designated and remunerated by the buyer.

(g) Fraud ban means the barring of a member from an online dating service because, in the judgment of the online dating service, the member poses a significant risk of attempting to obtain money from other members through fraudulent means, by using a false identity, or by attempting to defraud other members of the online dating service.

(h) Member means an individual who signs up or registers with an online dating service.

(i) Member in this state means a member who provides a billing address or zip code in this state when registering with an online dating service.

(j) Online dating service means any person engaged in the business of offering dating, matrimonial, or social referral services that are offered primarily online, such as by means of a website or a mobile application.

(k) Online dating service contract means a contract between a buyer and an online dating service.

(2) (a) In addition to any other right to revoke an offer, a buyer has the right to cancel a dating service contract until midnight of the third business day after the day on which the buyer signs the contract.

(b) (I) Except as described in subsection (2)(b)(II) of this section, cancellation of a dating services contract occurs when the buyer gives written notice of cancellation by mail, telegram, or delivery to the dating service at the address specified in the contract or offer.

(II) In the case of an online dating service contract, cancellation occurs when the buyer gives written notice of cancellation by email to an email address provided by the online dating service or through another simple, cost-effective, timely, and easy-to-use mechanism for cancellation provided by the online dating service. Additional electronic means of cancellation may be provided by the contract.

(c) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. If notice of cancellation is given by email, it is effective at the time the buyer sends the notice.

(d) Notice of cancellation given by the buyer need not take the particular form as provided in the contract and, however expressed, is effective if it indicates the intention of the buyer to not be bound by the dating service contract.

(e) All money paid pursuant to any dating service contract shall be refunded within ten days after receipt of the notice of cancellation.

(f) The buyer may notify the dating service of the buyer's intent to cancel the contract within the three-day period specified in this subsection (2) and stop the processing of a credit card voucher or check by telephone notification to the dating service. However, this does not negate the obligation of the buyer to cancel the contract by mail, email or other electronic means, telegram, or delivery as required pursuant to this section.

(3) (a) A dating service contract must be set forth in writing, which, in the case of an online dating service contract, may be an electronic writing made available for viewing online. A copy of the contract shall be provided to the buyer at the time the buyer signs the contract; except that an online dating service shall not be required to provide a copy of the contract if:

(I) The contract is available through a direct online link that is provided in a clear and conspicuous manner on the website where the buyer provides consent to the contract; and

(II) Upon request by the buyer, the online dating service provides a retainable digital copy of the contract.

(b) (I) Each dating service contract must contain on its face, in close proximity to the space reserved for the signature of the buyer, a conspicuous statement in a larger size type than the surrounding text; in contrasting type, font, or color to the surrounding text of the same size; or set off from the surrounding text of the same size by symbols or other marks in a manner that clearly calls attention to the language, as follows:

YOU, THE BUYER, MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS CONTRACT, EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS CONTRACT, MAIL OR DELIVER A SIGNED AND DATED NOTICE OR SEND A TELEGRAM THAT STATES THAT YOU, THE BUYER, ARE CANCELING THIS CONTRACT, OR WORDS OF SIMILAR EFFECT. SEND THIS NOTICE TO:

_________________________ (Name of the dating service that sold you the contract)

_________________________ (Address of the dating service that sold you the contract)

(II) Notwithstanding subsection (3)(b)(I) of this section, an online dating service contract must include the following statement in a clear and conspicuous manner in a standalone first paragraph of the contract:

YOU, THE BUYER, MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS CONTRACT, EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS CONTRACT, SEND AN EMAIL THAT STATES THAT YOU, THE BUYER, ARE CANCELING THIS CONTRACT, OR WORDS OF SIMILAR EFFECT. SEND THIS NOTICE TO: ____________ (Email address of the online dating service that sold the contract)

(c) (I) Each dating service contract must contain on the first page, in a type size no smaller than that generally used in the body of the document, the name and address of the dating service to which the notice of cancellation is to be mailed or delivered and the date the buyer signed the contract.

(II) Notwithstanding subsection (3)(c)(I) of this section, in the case of an online dating service contract, said subsection (3)(c)(I) does not apply if the name of the online dating service and the email address or other simple, cost-effective, timely, and easy-to-use mechanism that can be used for cancellation appears in the first paragraph of the contract in a type size no smaller than that generally used in the body of the document.

(d) (I) A dating service contract shall not require payments or financing by the buyer over a period exceeding two years after the date the contract is entered into, nor shall the term of any such contract be measured by the life of the buyer. However, the services to be rendered to the buyer under the contract may extend over a period beginning within six months and ending within three years after the date the contract is executed.

(II) Notwithstanding subsection (3)(d)(I) of this section, in the case of an online dating service contract, said subsection (3)(d)(I) does not apply if the length of the initial term is one year or less and the length of each subsequent term is one year or less.

(e) If a dating service contract does not comply with the requirements of this section, the buyer may cancel the contract at any time.

(4) (a) Each dating service contract must contain language providing that:

(I) If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (4)(a)(III) of this section, so long as the buyer or the buyer's estate provides written verification of the disability to the dating service.

(II) If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or the buyer's representative; and

(III) If the physician verifying the buyer's disability determines that the duration of the disability will be less than six months, the dating service may extend the term of the contract for a period of six months at no additional charge to the buyer in lieu of cancellation.

(b) (I) If a dating service provides services within a limited geographical area, and a buyer relocates the buyer's primary residence more than fifty miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to the relocation, and if the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer. A buyer who elects to be relieved of further obligation pursuant to this subsection (4)(b)(I) may be charged a predetermined fee not to exceed one hundred dollars or, if more than half the life of the contract has expired, a predetermined fee not to exceed fifty dollars.

(II) Notwithstanding subsection (4)(b)(I) of this section, said subsection (4)(b)(I) does not apply to an online dating service that is generally available to users on a regional, national, or global basis.

(I) A reference or online link to dating safety awareness information that includes, at a minimum, a list or descriptions of safety measures reasonably intended to increase awareness of safe dating practices; and

(II) A means by which a member may report issues or concerns relating to the behavior of other members of the online dating service arising out of their use of the service.

(5) (a) Any dating service contract that does not comply with this section is void and unenforceable.

(b) Any dating service contract that is entered into by a buyer in response to willfully fraudulent or misleading information or advertisements of the dating service is void and unenforceable.

(c) Notwithstanding the provisions of any dating service contract, in any case in which a contract price is payable in installments and the buyer is relieved from making further payments or entitled to a refund under this section, the buyer is entitled to receive a refund or refund credit of that portion of the cash price that is allocable to the services not actually received by the buyer. The refund of any finance charge shall be computed according to the sum of the balance method, also known as the Rule of 78.

(d) Any waiver by a buyer of the rights afforded to the buyer by this section is void and unenforceable.

(6) (a) An online dating service shall provide notice to all of its members in this state who the online dating service knows have previously received and responded to an on-site message from a banned member. The notice must include all of the following:

(I) The username, identification number, or other profile identifier of the banned member;

(II) A statement that the banned member may have been using a false identity or may attempt to defraud other members;

(III) A statement that members should not send money or personal financial information to another member; and

(IV) An online link that provides information regarding ways to avoid online fraud or being defrauded by a member of an online dating service.

(b) The notification required by subsection (6)(a) of this section must be:

(I) Clear and conspicuous;

(II) Sent via email, text message, or other appropriate means of communication consented to by the member; and

(III) Sent within twenty-four hours after the fraud ban is initiated against the banned member; except that notification may be sent within three days after the fraud ban is initiated if, in the judgment of the online dating service, circumstances require additional time.

(c) An online dating service whose agents and employees are acting in good faith is not liable to any person, other than this state or any agency, department, or political subdivision of this state, for damages resulting from:

(I) The means of communication used to notify a member;

(II) When notification is sent pursuant to this section; or

(III) Disclosing any of the following information:

(A) That a member has been banned;

(B) The username, identification number, or other profile identifier of the banned member; or

(d) This section does not create a private right of action or diminish or adversely affect the protections afforded in 47 U.S.C. sec. 230.

Source: L. 2021: Entire section added, (HB 21-1239), ch. 410, p. 2711, � 1, effective January 1, 2022.

6-1-731.5. Online dating services - deceptive trade practice - safety policy required - report - rules - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Member and member in this state have the same meaning set forth in section 6-1-731.

(b) Misconduct that threatens public or personal safety means an act, threatened act, or attempted act of homicide, unlawful sexual behavior, assault, kidnapping, stalking, harassment, involuntary intoxication, robbery, theft, or any other conduct that threatens public or another person's safety.

(d) Online dating service contract has the same meaning set forth in section 6-1-731.

(e) Remedial action means suspending the member's profile from the service, barring the member from the service, or providing actual notice that the service received a report of prohibited content and conduct to other members who have had contact on the service with the member who was the subject of the reports.

(f) Safety policy means an online dating service's safety policy required in subsection (2) of this section.

(2) An online dating service shall adopt a safety policy that complies with this subsection (2). An online dating service that has a member located in this state on August 7, 2024, shall make the safety policy effective on or before January 1, 2025. An online dating service that registers its first member in this state after August 7, 2024, shall make the safety policy effective one year after it registers its first member in this state. The safety policy must include the following:

(a) A description of prohibited content and conduct used by the online dating service, which must include misconduct that threatens public or personal safety.

(b) A statement of whether and under what circumstances the online dating service conducts a criminal background screening of members and whether the online dating service excludes as a member a person who is found to have a criminal conviction and, if so, which types of criminal convictions result in exclusion.

(c) A description of whether and when the online dating service verifies a member's identity or that the member is at least eighteen years of age.

(d) A description of whether and when the online dating service suspends a member's profile from the service as a result of reports of prohibited content and conduct committed by the member received by the online dating service and the circumstances under which the online dating service bars a member from the online dating service as a result of received reports.

(e) A description of whether the online dating service permits a member who was suspended or barred as a result of reports of prohibited content and conduct committed by the member to appeal the adverse action and, if the online dating service permits an appeal, the appeal process.

(f) A description of whether and when the online dating service, after receiving a report of prohibited content and conduct committed by a member, provides actual notice that it received the report to other members who have had contact with the member who was the subject of the report and, if so, the types of content and conduct that result in providing a notice and the process for providing the notice.

(g) Clear guidelines for reporting to the online dating service prohibited content and conduct committed by a member against another member. The guidelines must warn members not to submit false reports or report for malicious, biased, or other illegitimate reasons.

(h) A notice that engaging in sexual conduct with another person without the other person's consent violates the safety policy, is against the law, and may result in criminal or civil liability.

(i) Information about resources available for members in Colorado who experience sexual assault, domestic violence, and other crimes.

(j) A list of safety measures taken by the platform that are reasonably designed to promote safer online and in-person dating experiences for members.

(3) An online dating service shall post a clear and conspicuous link to the service's safety policy on the main page of its website and on the settings, or a similar screen, of its mobile application, if applicable, and include a link to the safety policy in a dating service contract described in section 6-1-731. The text of each link must explicitly inform a Colorado member that the link navigates the member to the online dating service's safety policy.

(4) (a) An online dating service shall submit the URL for its safety policy posted on its website to the attorney general's office within fifteen days after enacting the safety policy. If an online dating service updates the URL for its safety policy, it shall submit the updated URL to the attorney general's office within seven days after updating the URL.

(b) On or before January 31, 2026, and on or before January 31 of each year thereafter, an online dating service shall submit an annual report to the attorney general's office concerning member safety and the online dating service's compliance with this section. The report must include the information required by the rules promulgated pursuant to this section.

(c) The report required pursuant to subsection (4)(b) of this section is only required to include information about a member located in, or reports made by a member located in, Colorado, if that information is available. If that information is not available, the report must include information from the entire United States.

(4.5) The attorney general shall promulgate rules to carry out this section. The rules may include the process for an online dating service to submit to the attorney general's office the URL for its safety policy.

(5) The attorney general's office shall post on a public page of its website a link to each safety policy and each annual report filed with the office pursuant to subsection (4) of this section by each online dating service.

(6) Prior to commencing an enforcement action pursuant to this article 1 against an online dating service that registers its first member in this state after August 7, 2024, for the service's first violation of this section, the attorney general or a district attorney must issue a notice of violation to the online dating service if the attorney general or district attorney determines that it is possible for the online dating service to cure the violation. If the online dating service fails to cure the violation within thirty days of receiving the notice of violation, the attorney general or district attorney may bring an enforcement action pursuant to this article 1.

(7) (a) Nothing in this section alters the scope of the federal Communications Decency Act of 1996, 47 U.S.C. sec. 230.

(b) Nothing in this section limits any rights or remedies of an injured party that are available under Colorado law nor removes any remedies available to an injured person prior to August 7, 2024.

(c) An online dating service is not liable to a barred or suspended member for taking, in good faith, remedial action in accordance with its membership agreement against a member for violating the service's safety policy.

Source: L. 2024: Entire section added, (SB 24-011), ch. 402, p. 2764, � 2, effective August 7.

Cross references: For the legislative declaration in SB 24-011, see section 1 of chapter 402, Session Laws of Colorado 2024.

6-1-732. Automatic renewal contracts - unlawful acts - required disclosures - right to cancel - trial period offers - exemptions - rules - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Automatic renewal contract means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term or on a continuous or recurring basis.

(b) Automatic renewal offer terms means the following clear and conspicuous disclosures:

(I) That an automatic renewal contract will automatically renew or extend after the initial period for a set term not to exceed one year unless the consumer gives express written consent for a longer renewal term;

(II) A description of the cancellation policy that applies to the offer;

(III) Any recurring charges that will be charged to the consumer's credit card, debit card, or payment account with a third party as part of an automatic renewal contract;

(IV) The length of an automatic renewal term; and

(V) The minimum purchase obligation, if any.

(c) (I) Clear and conspicuous or clearly and conspicuously means in larger type than the surrounding text; in contrasting type, font, or color to the surrounding text of the same size; or set off from the surrounding text of the same size by symbols or other marks in a manner that clearly calls attention to the language.

(II) In the case of an audio disclosure, clear and conspicuous or clearly and conspicuously means in a volume and cadence sufficient to be readily audible and understandable.

(d) [Editor's note: This version of subsection (1)(d) is effective until February 16, 2026.] Consumer means an individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes.

(d) [Editor's note: This version of subsection (1)(d) is effective February 16, 2026.] Consumer means a person that seeks or acquires, by purchase or lease, any goods, services, money, or credit.

(d.7) One-step online cancellation means an online method of cancellation that does not require additional action from the consumer which obstructs or delays the consumer's ability to terminate an automatic renewal contract or continuous service immediately.

(e) Trial period offer means a solicitation offering a consumer a period of time in which to sample a product or service, which offer is used as an inducement for the consumer to make a purchase of the product or service or a similar product or service.

(2) It is unlawful for a person that offers an automatic renewal contract to a consumer in this state to:

(a) Fail to present the automatic renewal offer terms in a clear and conspicuous manner before the automatic renewal contract is executed. In the case of an offer that is conveyed by voice, the person must present the terms in temporal proximity to the request for the consumer's consent to the offer. If the offer includes a trial period offer, the offer must also include a clear and conspicuous explanation of the price that will be charged and any further purchase obligations that will be imposed on the consumer after the trial period ends.

(b) Utilize an online link that is presented as part of an offer of an automatic renewal contract, which online link directs a consumer to detailed information about the automatic renewal contract, unless the online link:

(I) Is available before a consumer elects to purchase any good or service subject to the automatic renewal contract;

(II) Appears directly adjacent to any online link used by the consumer to purchase any good or service subject to the automatic renewal contract; and

(III) Is labeled with, or is directly adjacent to, a clear and conspicuous disclosure that states that by purchasing the good or service, the consumer agrees to enroll in an automatic renewal contract;

(c) Fail to provide the consumer a written acknowledgment that includes the automatic renewal offer terms, the cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. If the offer of an automatic renewal contract includes a trial period offer, the person shall also disclose in the written acknowledgment how the consumer may cancel the automatic renewal contract, and the person shall allow the consumer to cancel the contract before the consumer is required to pay for the goods or services.

(d) Fail to provide a simple, cost-effective, timely, easy-to-use, and readily accessible mechanism for canceling an automatic renewal contract or trial period offer. A person is deemed to comply with this subsection (2)(d) if the person offers:

(I) A one-step online cancellation link to a consumer who consented to the automatic renewal contract or trial period offer through a website or other online medium or through an electronic communication, and the one-step online cancellation link is:

(A) Located on the person's website or contained in an electronic device or service or an electronic communication made to the consumer; and

(B) Available to the consumer immediately after the consumer completes a reasonable authentication protocol used solely to confirm that the consumer is authorized to make changes to the account; or

(II) One of the following means of canceling the automatic renewal contract to the consumer if the consumer consented to the automatic renewal contract or trial period offer through means other than those listed in subsection (2)(d)(I) of this section:

(A) A one-step online cancellation link that is located on the person's website or contained in an electronic device or service or an electronic communication made to the consumer and available to the consumer immediately after the consumer completes a reasonable authentication protocol used solely to confirm that the consumer is authorized to make changes to the account; or

(B) An in-person mechanism for canceling an automatic renewal contract or trial period offer that is at a physical location where the consumer regularly utilizes any goods or services that are subject to the automatic renewal contract and satisfies the requirements of this subsection (2)(d).

(2.5) If a consumer requests to cancel an automatic renewal contract by an online system, a person may display a discounted offer, a retention benefit, or information regarding the effects of cancellation if the business simultaneously displays a prominently located and continuously proximate direct link to cancel alongside the presentation of the discounted offer, retention benefit, or information regarding the effects of cancellation. If the consumer utilizes the direct link to cancel, the business shall promptly process the cancellation and shall not otherwise obstruct or delay the consumer's request to cancel.

(3) If a material change occurs in the terms of an automatic renewal contract that has been accepted by a consumer in this state, the person shall provide to the consumer, in a manner that may be retained by the consumer, a clear and conspicuous notice of the material change and information regarding cancellation of the automatic renewal contract, including information concerning the mechanism described in subsection (2)(d) of this section.

(4) (a) A person that sells a good or service to a consumer pursuant to an automatic renewal contract shall notify the consumer that the automatic renewal contract will automatically renew or continue unless the consumer cancels the automatic renewal contract. The notice must inform the consumer of the process for canceling the automatic renewal contract, and the process must provide clear and accurate information about the identity of the sender and be consistent with subsection (2)(d) of this section. The person shall provide the notice by:

(I) Physical mail;

(II) Email; or

(III) Another easily accessible form of communication, such as a text message or a mobile phone application, if the consumer specifically authorizes the person to provide notice in such form or if the consumer customarily uses such form to communicate with the person.

(b) A person that sells a good or service to a consumer pursuant to an automatic renewal contract shall send the notice described in subsection (4)(a) of this section at least twenty-five and no more than forty days before the first automatic renewal and at least twenty-five and no more than forty days before each automatic renewal thereafter; except that, if the initial automatic renewal or any subsequent automatic renewal is for a term of less than twelve months, the person shall send the notice:

(I) At least once in the period between twenty-five and forty days directly preceding the first automatic renewal that would extend the contract beyond a continuous twelve-month period; and

(II) At least once in the period between twenty-five and forty days directly preceding any subsequent automatic renewal that would extend the contract beyond any additional consecutive and continuous twelve-month period.

(5) Notwithstanding any provision of this section to the contrary, this section does not apply to:

(a) A service provided by a person pursuant to a franchise issued by a political subdivision of the state or a license, franchise, certificate, or other authorization issued by the public utilities commission created in section 40-2-101;

(b) A service provided by a person that is regulated by the federal communications commission, the federal energy regulatory commission, or the public utilities commission created in section 40-2-101;

(d) A bank or bank holding company that is licensed under state or federal law, or a subsidiary or affiliate of such a bank or bank holding company;

(e) A credit union or other financial institution that is licensed under state or federal law; or

(f) An air carrier as defined in and regulated under the Federal Aviation Act of 1958, 49 U.S.C. sec. 40101 et seq., as amended, including the federal Airline Deregulation Act of 1978, 49 U.S.C. sec. 41713, as amended.

(6) The attorney general and the district attorneys of the state have exclusive authority to enforce this section.

(7) The attorney general may adopt rules as necessary for the purpose of implementing and enforcing this section.

Source: L. 2021: Entire section added, (HB 21-1239), ch. 410, p. 2711, � 1, effective January 1, 2022. L. 2025: (1)(d.7), (2.5), and (7) added and (2)(d) R&RE, (SB 25-145), ch. 368, p. 1989, � 1, effective August 6; (1)(d) amended, (SB 25-145), ch. 368, p. 1989, � 1, effective February 16, 2026.

Editor's note: Section 2 of chapter 368 (SB 25-145), Session Laws of Colorado 2025, provides that the act changing this section applies to automatic renewal contracts offered or renewed on or after August 6, 2025.

6-1-733. Solicitations to file a secretary of state document or retrieve a copy of a public record for a fee - requirements - deceptive trade practice - definition. (1) As used in this section, solicit or solicitation means to directly advertise to a person with a form or notice that could reasonably be considered a bill, invoice, or compliance obligation but that is actually an offer to sell to a person goods or services that the person did not request. Solicit and solicitation do not include:

(a) A request for bona fide services that is initiated by a consumer; or

(b) Advertising or marketing to a person with whom the solicitor has a bona fide, preexisting business relationship.

(2) A person who, in the course of the person's business, vocation, or occupation, solicits a fee for filing a document with, or retrieving a copy of a public record from, the secretary of state shall:

(a) State in the solicitation and in the same language as the solicitation: This is an advertisement. This offer is not being made by, or on behalf of, any government agency. You are not required to make any payment or take any other action in response to this offer. This statement must be at the top of a physical document in at least twenty-four-point type and at the beginning of an electronic communication.

(b) Include in the solicitation:

(I) Information on where the person can file a document directly with the secretary of state or retrieve a copy of a public record; and

(II) The name and physical address of the person soliciting the fee.

(3) The document used for a solicitation must not be in a form or use deadline dates or other language that makes the document appear to be a document issued by a state agency or local government or that appears to impose a legal duty on the person being solicited.

(4) A person who violates this section engages in a deceptive trade practice.

Source: L. 2023: Entire section added, (SB 23-037), ch. 61, p. 218, � 2, effective August 7.

6-1-734. Access to abortion services and emergency contraception - deceptive trade practice - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Abortion has the meaning set forth in section 25-6-402 (1).

(b) Emergency contraceptive means a drug or device approved by the food and drug administration to significantly reduce the risk of pregnancy if taken or administered within a specified period of time after sexual intercourse, including emergency contraceptive pills and intrauterine devices.

(c) Food and drug administration means the food and drug administration in the United States department of health and human services, or any successor entity.

(2) A person engages in a deceptive trade practice when the person makes or disseminates to the public or causes to be made or disseminated to the public any advertisement that indicates that the person provides abortions or emergency contraceptives, or referrals for abortions or emergency contraceptives, when the person knows or reasonably should have known, at the time of publication or dissemination to the public of the advertisement, that the person does not provide those specific services.

Source: L. 2023: Entire section added, (SB 23-190), ch. 70, p. 265, � 2, effective April 14.

Cross references: For the legislative declaration in SB 23-190, see section 1 of chapter 70, Session Laws of Colorado 2023.

6-1-735. Rental price gouging during declared disaster prohibited - definitions. (1) A person engages in an unfair and unconscionable act or practice when, during a disaster period and within the designated area if a disaster declaration specifically declares a material decrease in residential housing units, the person engages in price gouging in the provision of or offer to provide rent-based housing.

(2) (a) A violation of this section may be enforced by the attorney general or the district attorney with jurisdiction over the conduct at issue or by an aggrieved party.

(b) Notwithstanding section 6-1-113, a tenant affected by a violation of this section may bring a civil action to restrain further violations and to recover damages, costs, and reasonable attorney fees. If a court or jury finds that a violation occurred, the tenant must be awarded statutory damages equal to the tenant's actual damages, attorney fees, and costs that may be owed.

(3) As used in this section:

(a) Designated area means a specific geographic area identified in a disaster declaration.

(b) Disaster has the same meaning as set forth in section 24-33.5-703 (3).

(c) Disaster declaration means a declaration of one of the following, which results in a material decrease in residential housing units:

(I) A national emergency by the president of the United States pursuant to the National Emergencies Act, 50 U.S.C. sec. 1601 et seq., as amended; or

(II) A disaster emergency by the governor pursuant to section 24-33.5-704 (4).

(d) Disaster period means the date a disaster declaration begins and continuing for one year after the date of the initial disaster.

(e) Price gouging means:

(I) For dwellings that were on the market immediately preceding the disaster, an increase in rent for an individual dwelling in a designated area that is more than the greater of the percentage of the rent increase for the immediately preceding year or ten percent compared to the rent for the individual dwelling immediately preceding the disaster; or

(II) For dwellings that were not on the market immediately preceding the disaster, rent for an individual dwelling in a designated area that is more than the greater of the percentage of the rent increase for the immediately preceding year or ten percent higher than rent for similar dwellings located in the designated area and that were on the market immediately preceding the disaster.

Source: L. 2024: Entire section added, (HB 24-1259), ch. 415, p. 2847, � 1, effective June 5.