Title 6, Consumer and Commercial Affairs
0 chapters · 428 sections in this title.
Colo. Rev. Stat. § 6-1-201 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Collision damage waiver means any contract or contractual provision, whether separate from or a part of a motor vehicle rental agreement, whereby the lessor agrees, for a charge, to waive any and all claims agains…
Colo. Rev. Stat. § 6-1-202 Prohibited act
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No lessor engaged in renting motor vehicles may sell to any lessee renting a motor vehicle in this state a collision damage waiver as part of the rental contract unless the lessor first gives the lessee written disclosure, as provided in section 6-1-203, of the terms and provisio…
Colo. Rev. Stat. § 6-1-203 Collision damage waiver form - requirements - failure to comply
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(1) Any collision damage waiver form shall conform to the following requirements: (a) It shall be understandable and written in simple and readable plain language; (b) The terms of such collision damage waiver, including, but not limited to, any conditions or exclusions applicabl…
Colo. Rev. Stat. § 6-1-204 Prohibited exclusion
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(1) No collision damage waiver subject to this part 2 shall contain an exclusion from the waiver for damages caused by the ordinary negligence of the lessee. Any such exclusion in violation of this section will be void and is a deceptive trade practice under this article. This se…
Colo. Rev. Stat. § 6-1-205 Information to be disclosed in advertisements for rental agreements for rental motor vehicles
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In any advertisement to the public for a rental agreement for a rental motor vehicle that includes a rental rate, the lessor shall prominently disclose on the face of any such advertisement the daily charge of any collision damage waiver offered, a statement informing a prospecti…
Colo. Rev. Stat. § 6-1-206 Additional mandatory charges - required disclosures - definitions
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(1) If a motor vehicle rental company imposes additional mandatory charges, the rental company shall: (a) Provide a good-faith estimate of the total charges for the entire rental, including all additional mandatory charges, whenever a quote is provided to a potential customer. Th…
Colo. Rev. Stat. § 6-1-207 Adaptive equipment in rental motor vehicles - requirements - failure to comply - legislative declaration - definitions
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(1) (a) The general assembly hereby finds and declares that: (I) The federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12182 (a), states that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, s…
Colo. Rev. Stat. § 6-1-208 Notification of chain laws
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During September 1 through May 31 of each year, a lessor shall notify, at the time of rental, a lessee of the requirements of, duties in, and the penalty for violating section 42-4-106 (5) and whether the rental motor vehicle complies with section 42-4-106 (5). The notification m…
Colo. Rev. Stat. § 6-1-301 Legislative declaration
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The general assembly hereby finds, determines, and declares that the use of telephones for commercial solicitation is rapidly increasing; that this form of communication offers unique benefits, but entails special risks and poses the potential for abuse; that the general assembly…
Colo. Rev. Stat. § 6-1-302 Definitions
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As used in this part 3, unless the context otherwise requires: (1) Commercial telephone seller or seller means a person who, in the course of such person's business, vocation, or occupation, on the person's own behalf or on behalf of another person, causes or attempts to cause a …
Colo. Rev. Stat. § 6-1-303 Registration of commercial telephone sellers
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(1) No commercial telephone seller shall conduct business in this state without having registered with the attorney general at least ten days prior to the conduct of such business. Individual employees of the commercial telephone seller are not required to register. A commercial …
Colo. Rev. Stat. § 6-1-304 Unlawful telemarketing practices
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(1) A commercial telephone seller engages in an unlawful telemarketing practice when, in the course of any commercial telephone solicitation, the seller: (a) Conducts business as a commercial telephone seller without having registered with the attorney general, as required by sec…
Colo. Rev. Stat. § 6-1-305 Penalties
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(1) In addition to the remedies available under sections 6-1-110, 6-1-112, and 6-1-113: (a) Any person who, after receiving written notice of noncompliance from the attorney general or a district attorney, conducts business as a commercial telephone seller without having register…
Colo. Rev. Stat. § 6-1-306 Repeal. (Repealed)
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Source: L. 93: Entire part added, p. 951, � 3, effective July 1. L. 96: Entire section repealed, p. 788, � 2, effective July 1.
Colo. Rev. Stat. § 6-1-401 Legislative intent
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(1) It is the intent of the general assembly to encourage and promote independent living and self-sufficiency for persons with disabilities and to reduce their need to rely on publicly funded supports. Of an estimated forty-nine million Americans with disabilities, approximately …
Colo. Rev. Stat. § 6-1-402 Definitions
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As used in this part 4, unless the context otherwise requires: (1) Collateral costs means expenses incurred by a consumer in connection with the repair of a nonconformity in a wheelchair, including the cost of an alternative wheelchair, if a loaner, as that term is defined in sub…
Colo. Rev. Stat. § 6-1-403 Express warranty required - authorized servicers
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(1) (a) Except as provided in subsection (2) of this section, a consumer who purchases or leases a new wheelchair either directly or indirectly through a dealer or lessor shall receive an express warranty for such wheelchair. The manufacturer shall issue this express warranty tha…
Colo. Rev. Stat. § 6-1-404 Remedies
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(1) If a new wheelchair does not conform to the applicable express warranty and the consumer reports the nonconformity to the manufacturer, the lessor, the selling dealer, or the alternative warranty service provider, and makes the wheelchair available for repair within the warra…
Colo. Rev. Stat. § 6-1-405 Remedies for consumers of purchased wheelchairs - conditions
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(1) To receive a refund or a replacement wheelchair, the consumer of a purchased wheelchair shall first offer to transfer the wheelchair with the nonconformity to the manufacturer, selling dealer, or alternative warranty service provider. (2) Within thirty business days after rec…
Colo. Rev. Stat. § 6-1-406 Remedies for consumers of leased wheelchairs - conditions
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(1) To receive a refund due on a leased wheelchair, a consumer shall first offer to return the wheelchair with the nonconformity to the lessor. (2) Within thirty business days after receipt of the offer described in subsection (1) of this section, the lessor shall provide the con…
Colo. Rev. Stat. § 6-1-407 Resale of a returned wheelchair - disclosure required
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A wheelchair returned pursuant to this part 4 by a consumer in this state, or by a consumer in another state under a similar law of that state, shall not be sold or leased again in this state unless full disclosure is made to the prospective consumer of the reasons for the return…
Colo. Rev. Stat. § 6-1-408 Other remedies - waiver of rights void
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(1) This part 4 shall not limit the rights or remedies available to a consumer under any other law of this state. (2) If a consumer waives the rights granted to consumers pursuant to this part 4, such waiver shall be void as against public policy. (3) Notwithstanding the remedies…
Colo. Rev. Stat. § 6-1-409 Fraudulent acts
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Any manufacturer, dealer, or lessor that engages in conduct to delay making a final repair that is required as a consequence of the enforcement of warranties or duties under this part 4 with the intention of requiring payment of the cost of such repair to be made by a publicly fu…
Colo. Rev. Stat. § 6-1-410 Arbitration
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Disputes among manufacturers, dealers, and lessors concerning the enforcement of rights or remedies of consumers under this part 4 shall be subject to arbitration pursuant to the Colorado rules of civil procedure. The award of the arbitration panel shall be binding upon the parti…
Colo. Rev. Stat. § 6-1-411 Defect notification
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(1) A manufacturer shall be responsible for providing written notification to an owner, user, purchaser, dealer, lessor, or consumer of any known or discovered inherent defect in a wheelchair that affects the safety, usability, or reliability of that wheelchair. The manufacturer …
Colo. Rev. Stat. § 6-1-412 Disclosures
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(1) Prior to the sale of any wheelchair, the seller shall disclose whether the wheelchair is new or used and whether any warranty applies to such wheelchair. (2) Upon delivery of a new or used wheelchair, the seller shall advise the buyer of any warranty rights under this part 4 …
Colo. Rev. Stat. § 6-1-501 Definitions
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As used in this part 5, unless the context otherwise requires: (1) Collateral costs means expenses incurred by a consumer in connection with the repair of a nonconformity in a facilitative device, including the cost of an alternative facilitative device or other facilitative devi…
Colo. Rev. Stat. § 6-1-502 Express warranty required - authorized servicers
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(1) A consumer who purchases or leases a new facilitative device either directly or indirectly through a dealer or lessor shall receive an express warranty for such facilitative device. The manufacturer shall issue this express warranty that shall extend for not less than one yea…
Colo. Rev. Stat. § 6-1-503 Remedies
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(1) If a new facilitative device does not conform to the applicable express warranty and the consumer reports the nonconformity to the manufacturer, the lessor, the selling dealer, or the alternative warranty service provider and makes the facilitative device available for repair…
Colo. Rev. Stat. § 6-1-504 Remedies for consumers of purchased facilitative devices - conditions
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(1) To receive a refund or a replacement facilitative device, the consumer of a purchased facilitative device shall first offer to transfer the facilitative device with the nonconformity to the manufacturer, selling dealer, or alternative warranty service provider. (2) Within thi…
Colo. Rev. Stat. § 6-1-505 Remedies for consumers of leased facilitative devices - conditions
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(1) To receive a refund due on a leased facilitative device, a consumer shall first offer to return the facilitative device with the nonconformity to the lessor. (2) Within thirty business days after receipt of the offer described in subsection (1) of this section, the lessor sha…
Colo. Rev. Stat. § 6-1-506 Resale of a returned facilitative device - disclosure required
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A facilitative device returned pursuant to this part 5 by a consumer in this state, or by a consumer in another state under a similar law of that state, shall not be sold or leased again in this state unless full disclosure is made to the prospective consumer of the reasons for t…
Colo. Rev. Stat. § 6-1-507 Other remedies - waiver of rights void - limitation of coverage
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(1) This part 5 shall not limit the rights or remedies available to a consumer under any other law of this state. (2) This part 5 shall be in addition to and shall not limit the rights or remedies available to a consumer under any manufacturer's warranty with respect to a facilit…
Colo. Rev. Stat. § 6-1-508 Fraudulent acts
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Any manufacturer, dealer, or lessor that engages in conduct to delay making a final repair that is required as a consequence of the enforcement of warranties or duties under this part 5 with the intention of requiring payment of the cost of such repair to be made by a publicly fu…
Colo. Rev. Stat. § 6-1-509 Arbitration
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Disputes among manufacturers, dealers, and lessors concerning the enforcement of rights or remedies of consumers under this part 5 shall be subject to arbitration pursuant to the Colorado rules of civil procedure. The award of the arbitration panel shall be binding upon the parti…
Colo. Rev. Stat. § 6-1-510 Defect notification
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(1) A manufacturer shall be responsible for providing written notification to an owner, user, purchaser, dealer, lessor, or consumer of any known or discovered inherent defect in a facilitative device that affects the safety, usability, or reliability of that facilitative device.…
Colo. Rev. Stat. § 6-1-511 Disclosures
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(1) Prior to the sale of any facilitative device, the seller shall disclose whether the facilitative device is new or used and whether any warranty applies to such facilitative device. (2) Upon delivery of a new or used facilitative device, the seller shall advise the consumer of…
Colo. Rev. Stat. § 6-1-701 Dispensing hearing aids - deceptive trade practices - definitions
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(1) As used in this section, unless the context otherwise requires: (a) Dispense, with regard to a hearing aid, means to sell or transfer title, possession, or the right to use by lease, bailment, or any other method. The term does not apply to wholesale transactions with distrib…
Colo. Rev. Stat. § 6-1-702 Unsolicited facsimiles - deceptive trade practice - definitions
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(1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person: (a) Uses a telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine; (b) Use…
Colo. Rev. Stat. § 6-1-702.5 Commercial electronic mail messages - deceptive trade practice - remedies - definitions - short title - legislative declaration
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(1) This section shall be known and may be cited as the “Spam Reduction Act of 2008”. (2) A person engages in a deceptive trade practice when, in the course of such person’s business, vocation, or occupation, such person: (a) Violates any provision of the federal “Controlling the…
Colo. Rev. Stat. § 6-1-703 Time shares and resale time shares - deceptive trade practices
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(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person engages in one or more of the following activities in connection with the advertisement or sale of a time share or the provision of a time share re…
Colo. Rev. Stat. § 6-1-703.5 Time share resale transfer agreements - deceptive trade practices
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(1) A time share resale entity engages in a deceptive trade practice when the entity fails to include in a time share resale transfer agreement the following information: (a) The name, telephone number, and physical address of the time share resale entity and the name and address…
Colo. Rev. Stat. § 6-1-704 Health clubs - deceptive trade practices
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(1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person engages in one or more of the following activities in connection with the advertisement or sale of a membership in a health club: (a) Fails to al…
Colo. Rev. Stat. § 6-1-705 Dance studios - deceptive trade practices
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(1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person engages in one or more of the following activities or practices in connection with the advertisement, sale, or performance of contracts for dance…
Colo. Rev. Stat. § 6-1-706 Buyers' clubs - deceptive trade practices
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(1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person engages in one or more of the following activities or practices in connection with the advertisement, sale, or performance of any contract of mem…
Colo. Rev. Stat. § 6-1-707 Use of title or degree - deceptive trade practice
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(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person: (a) (I) Claims, either orally or in writing, to possess either an academic degree or an honorary degree or the title associated with said degree, …
Colo. Rev. Stat. § 6-1-708 Vehicle sales and leases - deceptive trade practice - definition
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(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 powers…
Colo. Rev. Stat. § 6-1-709 Sales of manufactured and tiny homes - deceptive trade practices
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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 d…
Colo. Rev. Stat. § 6-1-710 Trafficking of false airbag - deceptive trade practices - criminal liability - definitions
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(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 counter…
Colo. Rev. Stat. § 6-1-711 Restrictions on credit card receipts - legislative declaration - application - definitions
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(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 its…